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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 Hazardous Substances Law or any Hazardous Substance Claim. It will be
<br />conclusively presumed between Beneficiary and Trustor that all Environmental Costs incurred or
<br />advanced by Beneficiary relating to the cleanup, remedy, or other response action of or to the
<br />Property were made by Beneficiary in good faith. All reasonable Environmental Costs incurred
<br />by Beneficiary under this Section (including without limitation court costs, consultant fees, and
<br />attorney fees, whether incurred in litigation and whether before or after judgment) will bear
<br />interest at the Agreed Rate from the date of expenditure until those sums have been paid in full.
<br />Beneficiary will be entitled to bid, at any trustee's or foreclosure sale of the Property, the amount
<br />of the costs, expenses, and interest in addition to the amount of 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 sander 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 Truster 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 />Truster 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 (collectively, the "Rents"), and hereby confers upon
<br />Beneficiary the right, power and authority to collect such Rents. Trustor irrevocably appoints
<br />Beneficiary its true and lawful attorney -in -fact, at the option of Beneficiary, at any time and from
<br />time to time, to demand, receive and enforce payment, to give receipts, releases and satisfactions,
<br />and to sue, in its name or in the name of Trustor, for all Rents, and apply the same to the
<br />Obligations secured hereby; provided, however, that Trustor shall have the right, as between
<br />Trustor and Beneficiary, to collect the Rents but not more than one (1) month in advance of the
<br />date due unless the written approval of Beneficiary has first been obtained, with the exception of
<br />security deposits and "first and last months' rent" collected from tenants in connection with
<br />Trustor's ordinary leasing of residential apartments within the Property), and to retain and enjoy
<br />the same, so long as an Event of Default shall not have occurred hereunder and be continuing.
<br />6.2. Collection Upon Default.
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<br />The Crossroads at Washington
<br />City NSP Deed of Trust
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