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granting Beneficiary full power and authority to exercise each and every of the rights, privileges <br />and powers herein granted at any and all times hereafter, without notice to Trustor. <br /> <br /> (ii) Beneficiary shall not be obligated to perform or discharge, nor <br />does it hereby undertake to perform or discharge, any obligation, duty or liability under any of <br />the Subleases. Tmstor shall and does hereby agree to indemnify and hold Beneficiary harmless <br />of and from any and all liability, loss or damage, including attorneys' fees and expenses related <br />thereto, which Beneficiary incurs by reason of its performance of any action authorized under <br />this Section and of and from any and all claims and demands whatsoever which may be asserted <br />against Beneficiary by reason of any alleged obligations or undertakings on its part to perform or <br />discharge any of the terms, covenants or agreements of Tmstor, provided that the foregoing shall <br />not apply to any liability, loss or damage, including attorneys' fees and expenses relating thereto <br />arising from Beneficiary's gross negligence or willful misconduct <br /> <br /> (b) Bring an action in any court of competent jurisdiction to foreclose this <br />Deed of Trust as a mortgage or to specifically enfome any of the covenants hereof. In any suit or <br />action to foreclose the lien hereof (including any partial foreclosure) or to enforce any other right <br />or remedy of Beneficiary under this Deed of Trust or with respect to any of the Obligations, there <br />shall be allowed and included as additional indebtedness all expenditures and expenses which <br />may be paid or incurred by or on behalf of Trustee or Beneficiary, including attorneys' fees, <br />paralegals' fees, auctioneers' fees, appraiser's fees, outlays for documentary and expert <br />evidence, environmental consultant's fees, stenographers' charges, publication costs, costs of <br />procuring abstracts of title, title searches and examinations, title insurance policies and similar <br />data and assurances with respect to title and value as Beneficiary may deem necessary to <br />evidence to bidders at any sale the true condition of the title to or the value of the Mortgaged <br />Property. All expenditures and expenses of the nature in this Section mentioned, and such <br />expenses and fees as may be incurred in the protection of the Mortgaged Property and the <br />maintenance of the lien of this Deed of Trust, including the expenses and fees of any attorney <br />employed by Beneficiary in any litigation or proceeding affecting this Deed of Trust, the <br />Obligations or the Mortgaged Property, including bankruptcy proceedings, or in preparation for <br />the commencement or defense of any proceeding or threatened suit or proceeding, shall be <br />immediately due and payable by Trustor, with interest thereon at the rate of interest in the Note <br />and shall be secured by this Deed of Trust. <br /> <br /> (c) Obtain the appointment of a receiver for the Mortgaged Property, which <br />appointment may be made either before or after sale of the Mortgaged Property hereunder, <br />without notice if permitted by law, without regard to the solvency or insolvency of Trustor at the <br />time of application for such receiver and without regard to the then value of the Mortgaged <br />Property. Such receiver shall have (i)the power to collect the Rents during any time when <br />Trustor, except for intervention of such receiver, would be entitled to collect such Rents, (ii) the <br />power to extend or modify any then existing Subleases and to make new Subleases, which <br />extensions, modifications and new Subleases may provide for terms to expire or for options to <br />lessees to extend or renewal terms to expire beyond the maturity date of the indebtedness <br />hereunder and beyond the date of the issuance of a deed or deeds to a pumhaser or purchasers at <br />a foreclosure sale, it being understood and agreed that any such Subleases, and the options or <br />other such provisions to be contained therein, shall be binding upon Trustor and all persons <br />whose interests in the Mortgaged Property are subject to the lien hereof and upon the purchaser <br /> <br />17996.00003~BGLIB 1 \1083970.6 7 <br /> <br /> <br />