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due, and hereby gives to and confers upon Beneficiary, either directly or through a receiver, the
<br />right, power and authority, but not the obligation, to collect the Rents, and to sue, either in the
<br />name of Trustor or Beneficiary, for all such Rents and to apply the same to the indebtedness
<br />secured hereby in such order as Beneficiary may determine in its sole discretion. This
<br />assignment of Rents is intended to create and shall be construed to create an absolute assignment
<br />to Beneficiary of all of Trustees right, title and interest in the Rents; provided, however, so long
<br />as no default exists by Truster in the payment of any indebtedness secured hereby, or in any
<br />other covenant contained herein, or in said note or notes or in any other document eviddncing or
<br />securing such indebtedness, Truster shall have the right to collect all Rents from the Property and
<br />to retain, use and enjoy the same. Upon the occurrence of such a default, without the necessity of
<br />demand or other notice to Truster or any other act to enforce Beneficiary's interest pursuant to
<br />this assignment, Trustor shall have no interest whatsoever in the Rents that are received by
<br />Truster after a default, and all such Rents shall be received and held by Trustor in constructive
<br />trust for Beneficiary and delivered promptly to Beneficiary, or to a court -appointed receiver for
<br />the Property, without the necessity for further notice to, or demand upon, Truster. Upon the
<br />occurrence of such a default and at any time thereafter during the continuance thereof,
<br />Beneficiary may, at its option, send any tenant of the Property a notice to the effect that: (a) a
<br />default has occurred; (b) Beneficiary has elected to exercise its rights under this assignment; and
<br />(c) such tenant is thereby directed to thereafter make all payments of Rents to or for the benefit
<br />of Beneficiary or as Beneficiary shall direct. Any such tenant shall be entitled to rely upon any
<br />notice from Beneficiary and shall be protected with respect to any payment of Rents made
<br />pursuant to such notice, irrespective of whether a dispute exists between Trustor and Beneficiary
<br />with respect to the existence of a default or the rights of Beneficiary hereunder. Any such tenant
<br />shall not be required to investigate or determine the validity or accuracy of such notice or the
<br />validity or enforceability of this assignment. Truster hereby agrees to indemnify, defend and
<br />hold any such tenant harmless from and against any and all losses, claims, damages or liabilities
<br />arising from or related to any payment of Rents by such tenant made in reliance on and pursuant
<br />to such notice.
<br />10, Default and Foreclosure. Upon default by Trustor in performance of any Secured
<br />Obligation, Beneficiary may deliver to Trustee a declaration of default and demand for sale
<br />and of a notice of default and a notice of sale, which notice Trustee shall cause to be filed for record,
<br />Beneficiary also shall deposit with Trustee this Deed of Trust and all documents evidencing the
<br />Secured Obligations and expenditures, if any, secured by this Deed of Trust. Upon default of
<br />any obligation secured by this Deed of Trust and acceleration of all sums due, if any, Beneficiary
<br />may instruct Trustee to proceed with a sale of the Property under the power of sale granted in
<br />this Deed of Trust, noticed and held in accordance with California Civil Code Sections 2924,
<br />et seq., as such statutes may be amended from time to time. Truster waives all rights it may
<br />have to require marshaling of assets or to require sales of assets in any particular order, including
<br />any rights under California Civil Code Sections 2899 and 3433.
<br />11. Substitution of Trustee. Beneficiary, or any successor beneficiary of the Secured
<br />Obligations or of any indebtedness secured hereby, may from time to time, by instrument in
<br />writing, substitute a successor or successors to any Trustee named herein or acting hereunder,
<br />which instrument executed by the Beneficiary and duly acknowledged and recorded in the
<br />office of the recorder of the county or counties where the Property is situated, shall be
<br />conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without
<br />conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and
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