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201107605
<br />Section 5.8 Occupancy After Foreclosure. Any sale of the Mortgaged Property or,
<br />any part thereof in accordance with Section 5.1(d) will divest all right, title and interest of Grantor in and
<br />to the property sold Subject to applicable law, any purchaser at a foreclosure sale will receive immediate
<br />possession of the property purchased If Grantor retains possession of such property or any part thereof
<br />subsequent to such sale, Grantor will be considered a tenant at suf'f'erance of the purchaser, and will, if'
<br />Grantor remains in possession after demand to remove, be subject to eviction and removal, forcible of-
<br />otherwise, with or without process of law.
<br />Section 5.9 Additional Advances and Disbursements; Costs of Enforcement.
<br />(a) Upon the occurrence and during the continuance of any Event of Default, Bene-
<br />ficiary and each of the other Secured Parties shall have the right, but not the obligation, to cure such
<br />Event of Default in the name and on behalf of Grantor. All sums advanced and expenses incurred at any
<br />time by Beneficiary or any other Secured Party under this Section 5.9, or otherwise under this Deed of
<br />Trust or any of the other Loan Documents or applicable law, shall bear interest from the date that such
<br />sum is advanced or expense incurred, to and including the date of reimbursement, computed at the highest
<br />rate at which interest is then computed on any portion of the Secured Obligations, and all such sums, to-
<br />gether with interest thereon, shall be secured by this Deed of Trust.
<br />(b) Grantor shall pay all expenses (including reasonable attorneys' fees and ex-
<br />penses) of or incidental to the perfection and enforcement of this Deed of Trust and the other Loan
<br />Documents, or the enforcement, compromise or settlement of the Secured Obligations or any claim under
<br />this Deed of Trust and the other Loan Documents, and for the curing thereof', or for defending or asserting
<br />the rights and claims of Beneficiary in respect thereof, by litigation or otherwise.
<br />Section 5.10 No Mortt!nee in Possession. Neither the enforcement of any of the
<br />remedies under this Article 5, the assignment of the Rents and Leases under Article 6, the security inter-
<br />ests under Article 7, nor any other remedies afforded to Beneficiary under, the Loan Documents, at law or
<br />in equity shall cause Trustee, Beneficiary or any other Secured Party to be deemed or construed to be a
<br />mortgagee in possession of the Mortgaged Property, to obligate Trustee, Beneficiary or any other Secured
<br />Party to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or per-
<br />form or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise,
<br />ARTICLE 6
<br />ASSIGNMENT OF RENTS AND LEASES
<br />Section 6.1 Assignment. In furtherance of and in addition to the assignment made
<br />by Grantor in Section 2.1 of this Deed of Trust, Grantor hereby absolutely, presently, irrevocably and un-
<br />conditionally assigns, sells, transfers and conveys to Trustee (for the benefit of Beneficiary) and to Bene-
<br />ficiary all of its right, title and interest in and to all Leases, whether now existing or hereafter entered into,
<br />and all of its right, title and interest in and to all Rents. This assignment is an absolute assignment and not
<br />an assignment for additional security only. So long as no Event of Default shall have occurred and be
<br />continuing, Grantor shall have a revocable license from Trustee and Beneficiary to exercise all rights ex-
<br />tended to the landlord under the Leases, including the right to receive and collect all Rents and to hold the
<br />Rents in trust for use in the payment and performance of the Secured Obligations and to otherwise use the
<br />same. The foregoing license is granted subject to the conditional limitation that no Event of Default shall
<br />have occurred and be continuing. Upon the occurrence and during the continuance of an Event of De-
<br />fault, whether or not legal proceedings have commenced, and without regard to waste, adequacy of secu-
<br />rity for the Secured Obligations or solvency of Grantor, the license herein granted shall automatically ex-
<br />pire and terminate, without notice to Grantor- by Trustee or Beneficiary (any such notice being hereby ex-
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