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other than with respect to the Environmental Reports, Beneficiary is not waiving any of its rights
<br />and remedies in the environmental provisions of this Deed of Trust or any other Loan Document.
<br />(c) Beneficiary or its agents, representatives, and employees may seek a
<br />judgment that Trustor has breached its covenants, representations, or warranties in Section 2 of
<br />this Deed of Trust or any other covenants, representations, or warranties that are deemed to be
<br />"environmental provisions" pursuant to Code of Civil Procedure § 736 (each an
<br />"Environmental Provision"), by commencing and maintaining an action or actions in any court
<br />of competent jurisdiction pursuant to Code of Civil Procedure § 736, whether commenced prior
<br />to or after foreclosure of the lien of this Deed of Trust. Beneficiary or its agents, representatives,
<br />and employees may also seek an injunction to cause Trustor to abate any action in violation of
<br />any Environmental Provision and may seek the recovery of all costs, damages, expenses, fees,
<br />penalties, fines, judgments, indemnification payments to third parties, and other out-of-pocket
<br />costs or expenses actually incurred by Beneficiary (collectively, "Environmental Costs")
<br />incurred or advanced by Beneficiary relating to the cleanup, remedy, or other response action
<br />required by any applicable Hazardous Substances Law or any Hazardous Substance Claim. It
<br />will be conclusively presumed between Beneficiary and Trustor that all Environmental Costs
<br />incurred or advanced by Beneficiary relating to the cleanup, remedy, or other response action of
<br />or to the Property were made by Beneficiary in good faith. All reasonable Environmental Costs
<br />incurred by Beneficiary under this Section (including without limitation court costs, reasonable
<br />consultant fees, and reasonable attorney fees, whether incurred in litigation and whether before
<br />or after judgment) will bear interest at the Agreed Rate from the date of expenditure until those
<br />sums have been paid in full. Beneficiary will be entitled to bid, at any trustee's or foreclosure
<br />sale of the Property, the amount of the costs, expenses, and interest in addition to the amount of
<br />other indebtedness.
<br />(d) Beneficiary or its agents, representatives, and employees may waive its
<br />lien against the Property or any portion of it, including but not limited to the Improvements, to
<br />the extent that the Property or any portion of the Security is found to be environmentally
<br />impaired in accordance with Code of Civil Procedure § 726.5, and to exercise all rights and
<br />remedies of an unsecured creditor against Trustor and all of Trustor's assets and property for the
<br />recovery of any deficiency and Environmental Costs, including, but not limited to, seeking an
<br />attachment order under Code of Civil Procedure § 483.010. As between Beneficiary and
<br />Trustor, for purposes of Code of Civil Procedure § 726.5, Trustor will have the burden of
<br />proving that Trustor or any related party (or any affiliate or agent of Trustor or any related party)
<br />was not in any way negligent in permitting the Release or threatened Release of the Hazardous
<br />Substances.
<br />Section 6. ASSIGNMENTS OF RENTS, ISSUES AND PROFITS
<br />6.1. Assignment.
<br />Trustor hereby absolutely, irrevocably and unconditionally assigns to Beneficiary, as
<br />security for the Obligations, all rents, profits, deposits, royalties, income and other. issues and
<br />similar benefits derived from the Security, including Leases, as defined below (collectively, the
<br />"Rents"), and hereby confers upon Beneficiary the right, power and authority to collect such
<br />Rents. Trustor irrevocably appoints Beneficiary its true and lawful attomey-in-fact, at the option
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<br />WISEPIace Permanent Supportive Housing
<br />City HOME -ARP Deed of Trust
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