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the Real Property and to do such acts and things as Beneficiary or Trustee deems necessary or <br />desirable to protect the security of this Deed of Trust, including without limitation, to appear in and <br />defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or <br />powers of Beneficiary or Trustee hereunder; (ii) to pay, purchase, contest or compromise any <br />encumbrance, charge, lien or claim of lien which, in the judgment of either Beneficiary or Trustee, is <br />senior in priority to this Deed of Trust, the judgment of Beneficiary or Trustee being conclusive as <br />between the parties hereto; (iii) to obtain, and to pay any premiums or charges with respect to, any <br />insurance required to be carried hereunder; and (iv) to employ counsel, accountants, contractors and <br />other appropriate persons to assist them. <br />(c) To commence and maintain an action or actions in any court of competent jurisdiction to foreclose <br />this Deed of Trust as a mortgage or to obtain specific enforcement of the covenants of Trustor under this <br />Deed of Trust, and Trustor agrees that such covenants shall be specifically enforceable by injunction or <br />any other appropriate equitable remedy. For the purposes of any suit brought under this subsection, <br />Trustor waives the defenses of laches and any applicable statute of limitations. <br />(d) To apply to a court of competent jurisdiction for and obtain appointment of a receiver of the Real <br />Property as a matter of strict right and without regard to: (i) the adequacy of the security for the <br />repayment of the Secured Obligations; (ii) the existence of a declaration that the Secured Obligations <br />are immediately due and payable; or (iii) the filing of a notice of default; and Trustor consents to such <br />appointment. <br />(e) To take and possess all documents, books, records, papers and accounts of Trustor or the then <br />owner of the Real Property; to make or modify Leases of, and other agreements with respect to, the <br />Real Property upon such terms and conditions as Beneficiary deems proper; and to make repairs, <br />alterations and improvements to the Real Property deemed necessary, in Trustee's or Beneficiary's <br />judgment, to protect or enhance the security hereof. <br />(f) To execute or cause Trustee to execute a written notice of such Default and of its election to cause <br />the Real Property to be sold to satisfy the Secured Obligations. Trustee shall give and record such <br />notice as the law then requires as a condition precedent to a trustee's sale. When the minimum period of <br />time required by law after such notice has elapsed, Trustee, without notice to or demand upon Trustor, <br />except as otherwise required by law, shall sell the Real Property at the time and place of sale fixed by it <br />in the notice of sale, at one or several sales, either as a whole or in separate parcels and in such <br />manner and order, all as directed by Beneficiary in its sole discretion, at public auction to the highest <br />bidder for cash, in lawful money of the United States, payable at the time of sale. Except as required by <br />law, neither Trustor nor any other person or entity shall have the right to direct the order in which the <br />Real Property is sold. Subject to requirements and limits imposed by law, Trustee may postpone any <br />sale of the Real Property by public announcement at such time and place of sale, and from time to time <br />may postpone such sale by public announcement at the time and place fixed by the preceding <br />postponement. Trustee shall deliver to the purchaser at such sale a deed conveying the Real Property <br />or portion thereof so sold, but without any covenant or warranty, express or implied. The recitals in said <br />deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including <br />Trustee, Trustor or Beneficiary, may purchase at such sale. <br />(g) To resort to and realize upon the security hereunder and any other security now or later held by <br />Beneficiary concurrently or successively and in one or several consolidated or independent judicial <br />actions or lawfully taken non - judicial proceedings, or both, and to apply the proceeds received in <br />accordance with the Section hereof entitled Application of Foreclosure Sale Proceeds, all in such order <br />and manner as Beneficiary shall determine in its sole discretion. <br />Deed0fTrust -NE Job 2028568354- 1587582624 Term Loan Vers.2 10/31/2012 Page 13 of 20 <br />