RDA Agmt 1996 Batarse Family Trust etc

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• • As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 15 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon default hereunder or abandonment of the Property, Borrower's license to collect and retain rents shall immediately be revoked without the necessity of notice, and Lender, in person, by agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to premiums on receiver's bonds, expenses and fees that are approved by the Court, and reasonable attorney's fees, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually received. 17. Subordination. Borrower may not subordinate this Deed of Trust to any other security instrument, promissory note, lien or other such similar document without first obtaining prior written approval of Lender. 18. Reconveyanct. Upon payment of all sums secured by this Deed of • Trust, Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any. • 19. Substitute Trustee. Lender, at Lender's opinion, may from time to time appoint a successor trustee to any Trustee appointed hereunder by an instrument executed and acknowledged by Lender and recorded in the office of the Recorder of the county where the Property is located. The instrument shall contain the name of the original Lender, Trustee and Borrower, the book and page where this Instrument is recorded and the name and address of the successor trustee. The successor trustee shall, without conveyance of the Property, succeed to all the title, powers and duties conferred upon the Trustee herein and by applicable law. This procedure for substitution of trustee shall govern to the exclusion of all other provisions for substitution. 20. Indemnification for Relocation. Borrower shall indemnify, defend, and • hold harmless the Lender, the City of San Leandro, and the Redevelopment Agency • • of the City of San Leandro, its officer, employees, agents, and assigns, from and Redevelopment Agency (Automat)) Deed of Trust. • October 2, 1996 Page 9 of 10