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'3— 1 54953 <br /> receiver appointed by court, may enter upon and take possession of all or any <br /> part of the property, and Trustor shall on demand surrender possession thereof <br /> to Beneficiary, and Beneficiary may in its own name rent, lease, operate and <br /> maintain the same or any part thereof to such extent as Beneficiary deems <br /> advisable, and collect any or all of the rents, issues and profits thereof, <br /> including those past due and unpaid. Trustor hereby presently and absolutely <br /> conveys, transfers and assigns to Beneficiary, regardless of possession of the <br /> property, all rights, interests and privileges which Trustor has or may have in <br /> all rents, issues, profits and other monies now due or hereafter to become due <br /> under any lease or agreement or otherwise for the use or occupation of all or <br /> any part of the property, now existing or hereafter made, reserving to Trustor <br /> only the right, prior to any such default, to collect and retain such rents, <br /> issues, profits and other monies as they become due, but not otherwise. <br /> Trustor shall not execute or enter into any lease of the property or any <br /> portion thereof for a term of more than three years without the advance written <br /> consent of Beneficiary as to the form and substance of the lease and the <br /> acceptability of the tenant and Trustor shall on demand execute such further <br /> assignments to Beneficiary of any or all such leases, agreements, rents, <br /> issues, profits or monies as Beneficiary may require and deliver to Beneficiary <br /> a fully executed original of any or all such leases or agreements. Beneficiary <br /> shall apply, in such order and proportion and upon such items of the <br /> indebtedness hereby secured as Beneficiary may determine in its absolute <br /> discretion and without regard to the adequacy of its security, the amount of <br /> all such rents, issues, profits and monies so actually collected by <br /> Beneficiary, less all reasonable costs or expenses paid or incurred by it in <br /> making such collection or in renting, leasing, operating or maintaining said <br /> property, and less fees for collecting said rentals, issues, profits and monies <br /> not exceeding five percent (5 of the sums collected, which fees Beneficiary <br /> may pay to itself or its agent. No act or acts referred to in this paragraph <br /> shall cure or waive any default or notice of default hereunder, or any cause of <br /> action to foreclose upon this Deed of Trust, or invalidate any act done <br /> pursuant to such notice. <br /> The foregoing assignment is intended to be an absolute assignment <br /> from Trustor to Beneficiary and not merely the passing of a security interest. <br /> Said absolute assignment is contingent only upon the occurrence of a default. <br /> 7. Trustee accepts this trust when this Deed of Trust, duly executed <br /> and acknowledged, is made a public record as provided by law. Beneficiary, at <br /> any time and from time to time, by instrument in writing, may substitute and <br /> appoint a successor or successors (either corporate or individual) to any <br /> trustee named herein or previously substituted hereunder, which instrument when <br /> executed, acknowledged and recorded in the office of the recorder of the county <br /> where the property is situated shall be conclusive proof of the proper <br /> substitution and appointment of each such successor trustee or trustees, who <br /> shall then have all the title, powers, duties and rights of the predecessor <br /> trustee, without the necessity of any conveyance from such predecessor. <br /> 8. Trustor agrees that Beneficiary, at its option, shall have the <br /> right to declare the entire indebtedness secured by this Deed of Trust immedi- <br /> ately due and payable if Trustor shall file or have filed against it a petition <br /> in bankruptcy or be adjudicated a bankrupt or insolvent or if Trustor shall <br /> file any petition for reorganization, liquidation, dissolution or similar <br /> relief for itself under any present or future federal, state or other statute, <br /> law or regulation relating to bankruptcy, insolvency or other relief for <br /> c:HDGDT.EHI Page 6. <br />