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<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.
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