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commences and diligently proceeds to cure such default, such cure period shall be extended for
<br />such period of time as is required to cure the default; or (d) any default or event of default shall
<br />have occurred under the Note and such default shall not have been cured within the applicable
<br />grace period provided therefor, if any.
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<br />Remedies
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<br /> 7. Upon the occurrence of any Event of Default, Beneficiary may at any time, at its
<br />option and in its sole discretion, without any presentment, demand, protest or notice of any kind
<br />to Trustor declare all of the Obligations to be due and payable and the same shall thereupon
<br />become immediately due and payable. In such event, Beneficiary may also do any or all of the
<br />following, although it shall have no obligation to do any of the following:
<br />
<br /> (a) (i) Either in person or by agent, with or without bringing any action or
<br />proceeding, or by a receiver appointed by a court and without regard to the adequacy of
<br />Beneficiary's security, enter upon and take actual possession of the Mortgaged Property, or any
<br />part thereof (and Tmstor shall surrender such possession to Beneficiary), with full power as
<br />attorney-in-fact of Tmstor, as agent for Trustor or in its own name as Beneficiary, to do any acts
<br />which Beneficiary deems necessary or desirable to preserve the value, marketability or
<br />rentability of the Mortgaged Property, to increase the income therefrom or to protect the security
<br />hereof, including (1)take possession of documents, books, records, papers and accounts of
<br />Trustor or the then owner or party in possession of the Mortgaged Property relating thereto,
<br />(2) exclude the then owner or party in possession of the Mortgaged Property and Tmstor's or
<br />said owner's or party's respective agents or servants wholly therefrom, (3) hold, operate, manage
<br />and control the Mortgaged Property, either personally or by its agent, with full power to use such
<br />measures (with or without taking possession of the Mortgaged Property), legal or equitable, as in
<br />its discretion or in the discretion of its successors or assigns may be deemed proper or necessary
<br />to enforce the payment of the Rents, including actions for the recovery of rent, actions in forcible
<br />detainer and actions in distress for rent, (4) cancel or tenmnate any Sublease for any cause or on
<br />any ground which would entitle Trustor to cancel or terminate the same, (5) unless expressly
<br />prohibited by a non-disturbance agreement, elect to disaffirm any Lease or sublease which is
<br />then subordinate to the priority hereof, (6) extend or modify any then existing Lease and make
<br />new Subleases, which extensions, modifications and new Subleases may provide for terms to
<br />expire or for options to lessees to extend or renewal terms to expire beyond the maturity of the
<br />indebtedness hereunder and beyond the date of issuance of a deed or deeds to a purchaser or
<br />purchasers at a foreclosure sale, it being understood and agreed that any such Subleases and the
<br />options or other such provisions to be contained therein shall be binding upon Tmstor and all
<br />persons whose interests in the Mortgaged Property are subject to the priority hereof, (7) make all
<br />necessary or proper repairs, renewals, replacements, alterations, and improvements to the
<br />Mortgaged Property as Beneficiary may deem necessary, (8) insure and reinsure the same and all
<br />risks incidental to Beneficiary's possession, operation and management thereof and (9) receive
<br />all of the Rents (with or without taking' possession of the Mortgaged Property) and apply the
<br />same, less costs and expenses of operation and collection, including attorneys' fees and
<br />expenses, upon the Obligations, all in such order as Beneficiary may determine (the collection of
<br />Rents and the application thereof shall not cure or waive any Event of Default or notice thereof
<br />or invalidate any act done in response thereto or pursuant to such notice)--Tmstor hereby
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<br />17996.00003~BGLIB 1\1083970.6 6
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