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