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<br />(E) an event of damage, destruction or loss or a taking under the power of
<br />eminent domain or like power (or transfer in lieu of such taking) shall have had, in the judgment
<br />of the Beneficiary, a material adverse effect on the ability of the Grantor to pay or perform the
<br />Obligations.
<br />Section 4.02. Acceleration of Maturity. If an Event of Default shall have occurred
<br />and be continuing, the Beneficiary may declare the Obligations to be due and payable
<br />immediately by a notice in writing to the Grantor, and upon such declaration, all Obligations
<br />shall become due and payable immediately, anything contained herein or in the Credit
<br />Agreements to the contrary notwithstanding.
<br />Section 4.03. Remedies of the Beneficiary. If one or more Events of Default shall
<br />occur and be continuing, the Beneficiary (personally or by attorney), in its discretion, may:
<br />(A) take immediate possession of the Trust Estate, collect and receive all
<br />credits, outstanding accounts and bills receivable of the Grantor and all rents, income, revenues,
<br />profits and proceeds pertaining to or arising from the Trust Estate, or any part thereof, whether
<br />then past due or accruing thereafter, and issue binding receipts therefor; and manage, control and
<br />operate the Trust Estate as fully as the Grantor might do if in possession thereof, including,
<br />without limitation, the making of all repairs or replacements deemed necessary or advisable;
<br />(B) proceed to protect and enforce the rights of the Grantor and the rights of
<br />the Beneficiary by suits or actions in equity or at law in any court or courts of competent
<br />jurisdiction, whether for specific performance of any covenant or any agreement contained herein
<br />or in any Credit Agreement or in aid of the execution of any power herein granted or for the
<br />foreclosure hereof or hereunder or for the sale of the Trust Estate, or any part thereof, or to
<br />collect the debts hereby secured or for the enforcement of such other or additional appropriate
<br />legal or equitable remedies as may be deemed necessary or advisable to protect and enforce the
<br />rights and remedies herein granted or conferred, and in the event of the institution of any such
<br />action or suit, the Beneficiary shall have the right to have appointed a receiver of the Trust Estate
<br />and of all rents, income, revenues, profits and proceeds pertaining thereto or arising therefrom,
<br />whether then past due or accruing after the appointment of such receiver, derived, received or
<br />had from the time of the commencement of such suit or action, and such receiver shall have all
<br />the usual powers and duties of receivers in like and similar cases, to the fullest extent permitted
<br />by law, and if application shall be made for the appointment of a receiver, the Grantor hereby
<br />expressly consents that the court to which such application shall be made may make said
<br />appointment ex parte; and
<br />(C) request the Trustee to sell or cause to be sold all of the Trust Estate or any
<br />part thereof, and all right, title, interest, claim and demand of the Grantor therein or thereto, at
<br />public auction at such place in any county in which the property to be sold, or any part thereof, is
<br />located, at such time, upon such notice, and upon such terms as may be specified in a notice of
<br />sale, which shall state the time when and the place where the sale is to be held, shall contain a
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