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9,72 94661 <br />16. Assignment of Rents,• Appointment of Receiver: Lender in Possession. <br />As additional security hereunder, Borrower hereby absolutely assigns to Lender the <br />rents of the Property, provided that Borrower shall, prior to default hereunder or <br />abandonment of the Property, have a revocable license 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 are approved <br />by the Court, and reasonable attorney's fees, and then to the sums secured by this <br />Deed of Trust. Lender and the receiver shall be liable to account only for those rents <br />actually received. <br />17. 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 />18. 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 />19. Request for Notices. Borrower requests that copies of the notice of <br />default and notice of sale be sent to Borrower's address which is 601 Van Ness <br />Avenue, Suite 2090, San Francisco, CA 94102. Lender requests that copies of <br />notices of foreclosure from the holder of any lien which has priority over this Deed of <br />Trust be sent to Lender's address, as set forth on page one of this Deed of Trust, as <br />Economic Development Agency Page 7 of 8 <br />Deed of Trust - Empire Austin San Leandro Partnership October 29, 1997 <br />