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rents. Trustor covenants that Trustor will not hereafter collect or accept payment of any rents of <br />the Property more than two (2) months prior to the due dates of such rents. Trustor further <br />covenants that Trustor will execute and deliver to Beneficiary such further assignments of rents <br />and revenues of the Property as Beneficiary may from time to time request. <br />(c) Upon Trustor's breach of any covenant or agreement of Trustor in the City <br />Loan Documents, after applicable notice and cure periods, Beneficiary may in person, by agent <br />or by a court-appointed receiver, regardless of the adequacy of Beneficiary's security, enter upon <br />and take and maintain full control of the Property in order to perform all acts necessary and <br />appropriate for the operation and maintenance thereof including, but not limited to, the <br />execution, cancellation or modification of leases, the collection of all rents and revenues of the <br />Property, the making of repairs to the Property and the execution or termination of contracts <br />providing for the management or maintenance of the Property, all on such terms as are deemed <br />best to protect the security of this Deed of Trust. In the event Beneficiary elects to seek the <br />appointment of a receiver for the Property upon Trustor's breach of any covenant or agreement of <br />Trustor in this Deed of Trust, Trustor hereby expressly consents to the appointment of such <br />receiver. Beneficiary or the receiver will be entitled to receive a reasonable fee for so managing <br />the Property. <br />(d) All rents and revenues collected subsequent to delivery of written notice <br />by Beneficiary to Trustor of the breach by Trustor of any covenant or agreement of Trustor in the <br />City Loan Documents after applicable notice and cure periods, are to be applied first to the costs, <br />if any, of taking control of and managing the Property and collecting the rents, including, but not <br />limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, costs of repairs to the <br />Property, premiums on insurance policies, taxes, assessments and other charges on the Property, <br />and the costs of discharging any obligation or liability of Trustor as lessor or landlord of the <br />Property and then to the sums secured by this Deed of Trust. Beneficiary or the receiver is to <br />have access to the books and records used in the operation and maintenance of the Property and <br />will be liable to account only for those rents actually received. Beneficiary is not liable to <br />Trustor, anyone claiming under or through Trustor or anyone having an interest in the Property <br />by reason of anything done or left undone by Beneficiary under this Section. <br />(e) If the rents of the Property are not sufficient to meet the costs, if any, of <br />taking control of and managing the Property and collecting the rents, any funds expended by <br />Beneficiary for such purposes will become part of the Secured Obligations. Unless Beneficiary <br />and Trustor agree in writing to other terms of payment, such amounts are payable by the Trustor <br />to the Beneficiary, upon notice from Beneficiary to Trustor requesting payment thereof and will <br />bear interest from the date of disbursement at the rate stated in Section 3.3. <br />(f) If the Beneficiary or the receiver enters upon and takes and maintains <br />control of the Property, any application of rents as provided herein will not cure or waive any <br />default hereunder or invalidate any other right or remedy of Beneficiary under applicable law or <br />provided herein. This assignment of rents of the Property will terminate at such time as this <br />Deed of Trust ceases to the Secured Obligations. <br />6 <br />1199\09\2723506.3 <br />Document Number: 2021-146160 Page: 7 of 25 <br />