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<br />partial foreclosure of this Deed of Trust for the portion of the Obligations then due and
<br />payable, subject to the continuing lien and security interest of this Deed of Trust for the
<br />balance of the Obligations not then due, unimpaired and without loss of priority;
<br />(vii) Beneficiary may sell for cash or upon credit the Real Estate or any part
<br />thereof and all estate, claim, demand, right, title and interest of Grantor therein and rights
<br />of redemption thereof, pursuant to power of sale or otherwise, at one or more sales, as an
<br />entirety or in parcels, at such time and place, upon such terms and after such notice
<br />thereof as may be required or permitted by law;
<br />(viii) Beneficiary may institute an action, suit or proceeding in equity for the
<br />specific performance of any covenant, condition or agreement contained herein, in the
<br />Notes, the Indenture or in the other Transaction Documents;
<br />(ix) Beneficiary may recover judgment on the Advances either before, during
<br />or after any proceedings for the enforcement of this Deed of Trust or the other
<br />Transaction Documents;
<br />(x) Beneficiary may apply for the appointment of a receiver, trustee,
<br />liquidator or conservator of the Real Estate, without notice and without regard for the
<br />adequacy of the security for the Obligations and without regard for the solvency of
<br />Grantor, any guarantor, indemnitor with respect to the Obligations or of any Person
<br />otherwise liable for the payment of the Obligations;
<br />(xi) the rights granted to Grantor under Section 15 hereof shall automatically
<br />be revoked and Beneficiary may enter into or upon the Real Estate, either personally or
<br />by its agents, nominees or attorneys and dispossess Grantor and its agents and servants
<br />therefrom, without liability for trespass, damages or otherwise and exclude Grantor and
<br />its agents or servants wholly therefrom, and take possession of all books, records and
<br />accounts relating thereto and Grantor agrees to surrender possession of the Real Estate
<br />and of such books, records and accounts to Beneficiary upon demand, and thereupon
<br />Beneficiary may (i) use, operate, manage, control, insure, maintain, repair, restore and
<br />otherwise deal with all and every part of the Trust Property and conduct the business
<br />thereat; (ii) complete any construction on the Real Estate in such manner and form as
<br />Beneficiary deems advisable; (iii) make alterations, additions, renewals, replacements
<br />and improvements to or on the Real Estate; (iv) exercise all rights and powers of Grantor
<br />with respect to the Trust Property, whether in the name of Grantor or otherwise,
<br />including, without limitation, the right to make, cancel, enforce or modify Leases, obtain
<br />and evict tenants, and demand, sue for, collect and receive all Rents of the Real Estate
<br />and every part thereof; (v) require Grantor to pay monthly in advance to Beneficiary, or
<br />any receiver appointed to collect the Rents, the fair and reasonable rental value for the
<br />use and occupation of such part of the Real Estate as may be occupied by Grantor; (vi)
<br />require Grantor to vacate and surrender possession of the Real Estate to Beneficiary or to
<br />such receiver and, in default thereof, Grantor may be evicted by summary proceedings or
<br />otherwise; and (vii) apply the receipts from the Trust Property to the payment of the
<br />Obligations, in such order, priority and proportions as Beneficiary shall deem appropriate
<br />in its sole discretion after deducting therefrom all expenses (including reasonable
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