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any Event of Default hereunder. Upon the occurrence of any such Event of Default, Beneficiary
<br />may terminate such license without notice to or demand upon Trustor and without regard to the
<br />adequacy of any security for the indebtedness hereby secured, and may either in person, by
<br />agent, or by a receiver to be appointed by a court, enter upon and take possession of the Property
<br />or any part thereof, and sue for or otherwise collect such rents, issues, and profits, including
<br />those past due and unpaid, and apply the same, less costs and expenses of operation and
<br />collection, including reasonable attorneys' fees, to any indebtedness secured hereby, and in such
<br />order as Beneficiary may determine. Beneficiary's right to the rents, royalties, issues, profits,
<br />revenue, income and proceeds of the Property does not depend upon whether or not Beneficiary
<br />takes possession of the Property. The entering upon and taking possession of the Property, the
<br />collection of such rents, issues, and profits, and the application thereof as aforesaid, shall not
<br />cure or waive any default or notice of default hereunder or invalidate any act done pursuant to
<br />such notice. If an Event of Default occurs while Beneficiary is in possession of all or part of the
<br />Property and /or is collecting and applying Rents as permitted under this Deed of Trust,
<br />Beneficiary, Trustee and any receiver shall nevertheless be entitled to exercise and invoke every
<br />right and remedy afforded any of them under this Deed of Trust and at law or in equity,
<br />including the right to exercise the power of sale granted hereunder. Regardless of whether or not
<br />Beneficiary, in person or by agent, takes actual possession of the Land or the Improvements,
<br />Beneficiary shall not be deemed to be a "mortgagee in possession," shall not be responsible for
<br />performing any obligation of Trustor under any Lease, shall not be liable in any manner for the
<br />Property, or the use, occupancy, enjoyment or operation of any part of it, and shall not be
<br />responsible for any waste committed by Trustor, lessees or any third parties, or for dangerous or
<br />defective condition of the Property or any negligence in the management, repair or control of the
<br />Property. Absent Beneficiary's written consent, Trustor shall not accept prepayment of Rents for
<br />any rental period exceeding one month.
<br />4. Security Agreement The parties intend for this Deed of Trust to create a lien on the
<br />Property, and an absolute assignment of the Rents and Leases, all in favor of Beneficiary. The
<br />parties acknowledge that some of the Property may be determined under applicable law to be
<br />personal property or fixtures. To the extent that any Property may be or be determined to be
<br />personal property, Trustor as debtor hereby grants to Beneficiary as secured party a security
<br />interest in all such Property to secure payment and performance of the Secured Obligations. This
<br />Deed of Trust constitutes a security agreement under the California Uniform Commercial Code,
<br />as amended or recodified from time to time (the "UCC "), covering all such Property. To the
<br />extent such Property is not real property encumbered by the lien granted above, and is not
<br />absolutely assigned by the assignment set forth above, it is the intention of the parties that such
<br />Property shall constitute "proceeds, products, offspring, rents, or profits" (as defined in and for
<br />the purposes of Section 552(b) of the United States Bankruptcy Code, as such section may be
<br />modified or supplemented) of the Land and Improvements.
<br />5. Financing Statements Pursuant to the UCC, Trustor, as debtor, hereby authorizes
<br />Beneficiary, as secured party, to file such financing statements and amendments thereof and such
<br />continuation statements with respect thereto as Beneficiary may deem appropriate to perfect and
<br />preserve Beneficiary's security interest in the Property and Rents, without requiring any
<br />signature or further authorization by Trustor. If requested by Beneficiary, Trustor shall pay all
<br />fees and costs that Beneficiary may incur in filing such documents in public offices and in
<br />obtaining such record searches as Beneficiary may reasonably require. If any financing
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