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Mortgaged Property, as adjusted for the expenses of sale and the costs of the action and any other <br />sums for which Trustor is obligated to reimburse Trustee or Beneficiary under this Deed of <br />Trust. <br /> <br />Lease <br /> <br /> 8. Trustor hereby represents, warrants, covenants and agrees that: <br /> <br /> (a) Trustor will: (a) pay when due all rent, additional rent and other charges <br />payable under the Lease when due; (b)perform and observe all of the terms, covenants and <br />conditions required to be performed and observed by Trustor as lessee under the Lease; and <br />(c) do all things necessary to preserve and to keep unimpaired its rights under the Lease. <br /> <br /> (b) Trustor will promptly cause a copy of any notice of default or termination <br />under the Lease to be delivered to Beneficiary. <br /> <br /> (c) Trustor will not, without the prior consent of the Beneficiary: <br />(a) terminate, cancel, materially modify, materially supplement or surrender, or suffer or permit <br />any termination, cancellation, material modification, material supplementation or surrender of, <br />the Lease; (b) fail or refuse to take timely and appropriate action to renew the Lease pursuant to <br />the provisions thereof, (c) consent or refuse to consent to any action taken or to be taken by the <br />landlord or anyone else under any Lease, the result of which would be to diminish or impair the <br />security of this Deed of Trust; (d) subordinate or consent to the subordination of the Trustor's <br />interest under the Lease to any mortgage on the landlord's interest in the Land demised by the <br />Lease. <br /> <br />Assignment of Rents and Subleases <br /> <br /> 9. (a) Trustor hereby sells, assigns and transfers unto Beneficiary all Subleases, <br />together with any and all guaranties of any or all of the covenants, agreements and obligations of <br />the sublessee under each Sublease, all of the Rents, including those which are or may become <br />due before or after foreclosure or during any period of redemption or which may be paid after the <br />filing of any petition by or against Trustor under the United States Bankruptcy Code, as amended <br />(11 U.S.C. § 101 et seq.), or any successor statute or code or any similar federal or state statute, <br />code or law, and all security and other deposits made pursuant to or contemplated by the terms <br />and provisions of each Sublease it being the intention hereof to establish an absolute <br />assignment to Beneficiary of all Subleases, all such guaranties relating thereto, all Rents and <br />sums payable thereunder and all such security and other deposits thereunder. Neither the <br />assignment of the Rents and Subleases set forth above nor any other provision of any of the Note <br />Documents shall impose upon Beneficiary any duty to produce Rents from the Mortgaged <br />Property or cause Beneficiary to be (i)a "mortgagee in possession" for any purpose, <br />(ii) responsible for performing any of the obligations of the lessor under any Sublease or <br />(iii) responsible or liable for any waste by any lessees or any other parties under any Sublease, <br />for any dangerous or defective condition of the Mortgaged Property, for any negligence in the <br />management, upkeep, repair or control of the Mortgaged Property or for any other act or <br />omission by any other person, all such liability being expressly waived and released by Trustor. <br />The foregoing assignment is an absolute assignment and not an assignment for security only, and <br /> <br /> 17996.00003'~BGLIBl\1083970.6 10 <br /> <br /> <br />