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(c) Commence an action to foreclose this Deed of Trust as a mortgage, <br />appoint a receiver, or specifically enforce any of the covenants hereof. <br />No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of <br />any other remedy herein, in the Note, or by law provided or permitted, but each shall be <br />cumulative and shall be in addition to every other remedy given hereunder, in the Note, or now <br />or hereafter existing at law or in equity or by statute, and may be exercised concurrently, <br />independently, or successively. <br />13. Trustee. The Trustee may resign at any time without cause, and Lender may at any <br />time and without cause appoint a successor or substitute .Trustee. Trustee shall not be liable to <br />any party, including without limitation Lender, Borrower, Trustor, or any purchaser of the <br />Property, for any loss or damage unless due to reckless or willful misconduct, and shall not be <br />required to take any action in connection with the enforcement of this Deed of Trust unless <br />indemnified in writing for all costs, compensation, or expenses which may be associated <br />therewith. In addition, Trustee may become a purchaser at any sale of the Property (judicial or <br />under the power of sale granted herein), postpone the sale of all or any portion of the Property as <br />provided by law, or sell the Property as a whole or in separate parcels or lots at Trustee's <br />discretion. <br />14. Fees and Expenses. In the event that Trustee sells the Property by exercise of power <br />of sale, Trustee shall be entitled to apply any sale proceeds first to payment of all costs and <br />expenses of exercising power of sale, including all Trustee's fees, and Lender's and Trustee's <br />attorney's fees actually incurred to the extent permitted by applicable law. In the event that <br />Borrower or Trustor exercises any right provided by law to cure an Event of Default, Lender <br />shall be entitled to recover from Trustor all costs and expenses actually incurred as a result of <br />Trustor's default, including without limitation all Trustee's and attorney's fees to the extent <br />permitted by applicable law. <br />15. Future Advances. Upon request of Borrower, Lender may, at its option, make <br />additional and future advances and readvances to Borrower. Such advances and readvances, <br />with interest thereon, shall be secured by this Deed of Trust. At no time shall the principal <br />amount of the indebtedness secured by this Deed of Trust, not including sums advanced to <br />protect the security of this Deed of Trust, exceed the original principal amount stated herein. <br />16. Miscellaneous Provisions. <br />Page 5 of 7 <br />201302915 <br />(a) Trustor and Borrower Not Released. Extension of the time for <br />payment, or modification of amortization, of the sums secured by this Deed of <br />Trust granted by Lender to any successor in interest of Trustor or Borrower shall <br />not operate to release, in any manner, the liability of the original Trustor or <br />Borrower and Trustor's or Borrower's successors in interest. Lender shall not be <br />required to commence proceedings against such successor or refuse to extend <br />time for payment or otherwise modify amortization of the sums secured by this <br />Deed of Trust by reason of any demands made by the original Trustor or <br />Borrower and Trustor's or Borrower's successors in interest. <br />(b) Lender's Powers. Without affecting the liability of any other person <br />liable for the payment of any obligation mentioned herein, and without affecting <br />the lien or charge of this Deed of Trust upon any portion of the Property not then <br />or theretofore released as a security for the full amount of all unpaid obligations, <br />Lender may from time to time and without notice (i) release any person so liable; <br />(ii) extend the maturity or alter any of the terms of any such obligations; (iii) grant <br />other indulgences; (iv) release or reconvey, or cause to be released or reconveyed, <br />at any time at Lender's option any parcel, portion, or all of the Property; (v) take <br />or release any other or additional security for any obligation mentioned herein; or <br />(vi) make compositions or other arrangements with debtors in relation thereto. <br />(c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in <br />exercising any right or remedy hereunder or otherwise afforded by applicable law <br />shall not be a waiver of, or preclude the exercise of, any such right or remedy. <br />