Laserfiche WebLink
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 taw <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 />searches as Beneficiary may reasonably require. If any financing statement or other <br />document is filed in the records normally pertaining to personal property, that filing shall <br />4 <br />OAK #4818-1017-3530 v2 <br />