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security for the indebtedness hereby secured, and may either in person, by agent, or by
<br /> a receiver to be appointed by a court, enter upon and take possession of the Property or
<br /> any part thereof, and sue for or otherwise collect such rents, issues, and profits,
<br /> including those past due and unpaid, and apply the same, less costs and expenses of
<br /> operation and collection, including reasonable attorneys' fees, to any indebtedness
<br /> secured hereby, and in such order as Beneficiary may determine Beneficiary's right to
<br /> the rents, royalties, issues, profits, revenue, income and proceeds of the Property does
<br /> not depend upon whether or not Beneficiary takes possession of the Property The
<br /> entering upon and taking possession of the Property, the collection of such rents,
<br /> issues, and profits, and the application thereof as aforesaid, shall not cure or waive any
<br /> default or notice of default hereunder or invalidate any act done pursuant to such notice.
<br /> If an Event of Default occurs while Beneficiary is in possession of all or part of the
<br /> Property and/or is collecting and applying Rents as permitted under this Deed of Trust,
<br /> Beneficiary, Trustee and any receiver shall nevertheless be entitled to exercise and
<br /> invoke every right and remedy afforded any of them under this Deed of Trust and at law
<br /> or in equity, including the right to exercise the power of sale granted hereunder.
<br /> Regardless of whether or not Beneficiary, in person or by agent, takes actual
<br /> possession of the Land or the Improvements, Beneficiary shall not be deemed to be a
<br /> "mortgagee in possession," shall not be responsible for performing any obligation of
<br /> Trustor under any Lease, shall not be liable in any manner for the Property, or the use,
<br /> occupancy, enjoyment or operation of any part of it, and shall not be responsible for any
<br /> waste committed by Trustor, lessees or any third parties, or for dangerous or defective
<br /> condition of the Property or any negligence in the management, repair or control of the
<br /> Property Absent Beneficiary's written consent, Trustor shall not accept prepayment of
<br /> Rents for any rental period exceeding one month
<br /> 4 Security Agreement Trustor intends this Deed of Trust to create a lien on the
<br /> Property, and an absolute assignment of the Rents and Leases, all in favor of
<br /> Beneficiary To the extent that any Property may be or be determined to be personal
<br /> property, Trustor as debtor hereby grants to Beneficiary as secured party a security
<br /> interest in all such Property to secure payment and performance of the Secured
<br /> Obligations. This Deed of Trust constitutes a security agreement under the California
<br /> Uniform Commercial Code, as amended or recodified from time to time (the "UCC"),
<br /> covering all such Property. To the extent such Property is not real property
<br /> encumbered by the lien granted above, and is not absolutely assigned by the
<br /> assignment set forth above, Trustor intends that such Property shall constitute
<br /> "proceeds, products, offspring, rents, or profits" (as defined in and for the purposes of
<br /> Section 552(b) of the United States Bankruptcy Code, as such section may be modified
<br /> or supplemented) of the Land and Improvements
<br /> 5 Financing Statements. Pursuant to the UCC, Trustor, as debtor, hereby
<br /> authorizes Beneficiary, as secured party, to file such financing statements and
<br /> amendments thereof and such continuation statements with respect thereto as
<br /> Beneficiary may deem appropriate to perfect and preserve Beneficiary's security interest
<br /> in the Property and Rents, without requiring any signature or further authorization by
<br /> Trustor If requested by Beneficiary, Trustor shall pay all fees and costs that Beneficiary
<br /> may incur in filing such documents in public offices and in obtaining such record
<br /> 4
<br /> OAK #4847-7399-4286 v5
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