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name of Trustor. or Beneficiary, for all such Rents and to apply the same to the indebtedness
<br />secured hereby in such order as Beneficiary may determine in its sole discretion. This
<br />assignment of Rents is intended to create and shall be construed to create an absolute
<br />assignment to Beneficiary of all of Trustor's right, title and interest in the Rents; provided,
<br />however, so long as no default exists by Trustor in the payment of any indebtedness secured
<br />hereby, or in any other covenant contained herein, or in said note or notes or in any other
<br />document evidencing or securing such indebtedness, Trustor shall have the right to collect all
<br />Rents from the Property and to retain, use and enjoy the same. Upon the occurrence of such a
<br />default, without the necessity of demand or other notice to Trustor or any other act to enforce
<br />Beneficiary's interest pursuant to this assignment, Trustor shall have no interest whatsoever
<br />in the Rents that are received by Trustor after a default, and all such Rents shall be received
<br />and held by Trustor in constructive trust for Beneficiary and delivered promptly to Beneficiary,
<br />or to a court-appointed receiver for the Property, without the necessity for further notice to, or
<br />demand upon, Trustor. Upon the occurrence of such a default and at any time thereafter
<br />during the continuance thereof, Beneficiary may, at it-, option, send any tenant of the Property
<br />a notice to the effect that: (a) a default has occurred; (b) Beneficiary has elected to exercise its
<br />rights under this assignment; and (c) such tenant is thereby directed to thereafter make all
<br />payments of Rents to or for the benefit of Beneficiary or as Beneficiary shall direct. Any such
<br />tenant shall be entitled to rely upon any notice from Beneficiary and shall be protected with
<br />respect to any payment of Rents made pursuant to such notice, irrespective of whether a dispute
<br />exists between Trustor and Beneficiary with respect to the existence of a default or the rights of
<br />Beneficiary hereunder. Any such tenant shall not be required to investigate or determine the
<br />validity or accuracy of such notice or the validity or enforceability of this assignment. Trustor
<br />hereby agrees to indemnify, defend and hold any such tenant harmless from and against any and
<br />all losses, claims, damages or liabilities arising from or related to any payment of Rents by such
<br />tenant made in reliance on and pursuant to such notice.
<br />1.0. Default and Foreclosure. Upon default by Trustor in performance of any Secured
<br />Obligation, Beneficiary may deliver to Trustee a declaration of default and demand for sale
<br />and of a notice of default and a notice of sale, which notice Trustee shall cause to be filed for record.
<br />Beneficiary also shall deposit with Trustee this Deed of Trust and all documents evidencing the
<br />Secured Obligations and expenditures, if any, secured by this Deed of Trust. 'Upon default of
<br />any obligation secured by this Deed of Trust and acceleration of all sums due, if any, Beneficiary
<br />may instruct Trustee to proceed with a sale of the Property under the power of sale granted in
<br />this Deed of Trust, noticed and held in accordance with California Civil Code Sections 2924,
<br />et seq., as such statutes may be amended from time to time. Trustor waives all rights it may
<br />have to require marshaling of assets or to require sales of assets in any particular order, including
<br />any rights under California Civil Code Sections 2899 and 3433.
<br />11. Substitution of Trustee. Beneficiary, or any successor beneficiary of the Secured
<br />Obligations or of any indebtedness secured hereby, may from time to time, by instrument in
<br />writing, substitute a successor or successors to any Trustee named herein or acting hereunder,
<br />which instrument executed by the Beneficiary and duly acknowledged and recorded in the
<br />office of the recorder of the county or counties where the Property is situated, shall be
<br />conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without
<br />conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and
<br />duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary
<br />REV: 07-07-22 SK
<br />ATTY/AGR.2022.169/Hugo Alberto Zarco Vargas & Andrea Vergara Cardenas (Performance Deed -1231 Warren St, #105) (Page 3 of 11)
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