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Trustee being authorized to enter upon the Property for such purposes; (b) appear in or commence
<br />any action or proceeding purporting to affect the security, or the rights or powers of Beneficiary
<br />or Trustee; (c) pay, purchase, contest or settle any encumbrance, charge or lien which in the
<br />judgment of either appears to be senior to this Deed of Trust; and (d) in exercising any such powers,
<br />pay allowable expenses, including attorneys' fees.
<br />6. Reimbursement of Costs. Trustor shall pay upon demand all reasonable and
<br />documented sums expended by Beneficiary or Trustee provided for in this Deed of Trust or
<br />allowed by law, with interest from date of expenditure at the maximum rate provided in the Note.
<br />7. No Waiver. By accepting payment of any sum after its due date, Beneficiary does
<br />not waive its right either to require prompt payment when due of all other sums or declare a default
<br />for failure to pay.
<br />8. Reconveyance. That upon written request of Beneficiary stating that all sums
<br />secured hereby have been paid, and upon surrender of this Deed of Trust and said note or notes to
<br />Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may
<br />choose and upon payment of its fees, Trustee shall reconvey, without warranty, the property then
<br />held hereunder. The recitals of such reconveyance of any matters or facts shall be conclusive proof
<br />of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or
<br />persons legally entitled thereto."
<br />9. Assignment of Rents. Subject to the rights of senior lenders, Trustor hereby
<br />absolutely and unconditionally assigns to Beneficiary all of the rents, issues, profits, royalties,
<br />revenues, income, and other benefits (collectively, the "Rents") derived from the Property,
<br />whether now due, past due or to become due, and hereby gives to and confers upon Beneficiary,
<br />either directly or through a receiver, the right, power, and authority, but not the obligation, to
<br />collect the Rents, and to sue, either in the name of Trustor or Beneficiary, for all such Rents and
<br />to apply the same to the indebtedness secured hereby in such order as Beneficiary may determine
<br />in its sole discretion. This assignment of Rents is intended to create and shall be construed to
<br />create an absolute assignment to Beneficiary of all of Trustor's right, title, and interest in the Rents.
<br />So long as no default exists by Trustor in the payment of any indebtedness secured hereby, or in
<br />any other covenant contained herein, or in said note or notes or in any other document evidencing
<br />or securing such indebtedness, Trustor shall have the right to collect all Rents from the Property
<br />and to retain, use, and enjoy the same. Upon the occurrence of such a default beyond any applicable
<br />notice and cure periods, without the necessity of demand or other notice to Trustor or any other
<br />act to enforce Beneficiary's interest pursuant to this assignment, Trustor shall have no interest
<br />whatsoever in the Rents that are received by Trustor after a default, and all such Rents shall be
<br />received and held by Trustor in constructive trust for Beneficiary and delivered promptly to
<br />Beneficiary, or to a court-appointed receiver for the Property, without the necessity for further
<br />notice to, or demand upon, Trustor. Upon the occurrence of such a default, beyond any applicable
<br />notice and cure periods, and at any time thereafter during the continuance thereof, Beneficiary
<br />may, at its option, send any tenant of the Property a notice to the effect that: (a) a default has
<br />occurred; (b) Beneficiary has elected to exercise its rights under this assignment; and (c) such
<br />tenant is thereby directed to thereafter make all payments of Rents to or for the benefit of
<br />Beneficiary or as Beneficiary shall direct. Any such tenant shall be entitled to rely upon any notice
<br />REV: 05-07-25 LF
<br />ATTY/AGR.2025.100.2/HEART-SV (417 Stambaugh - Deed of Trust) (Page 3 of 10)
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