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201309549 substitute trustee, without other formality than appointment and designation in writing executed by the Beneficiary and the authority hereby conferred shall extend to the appointment of other successor and substitute trustees successively until the Secured Indebtedness finally has been paid in full or until the Trust Property is sold hereunder. All references herein to the Trustee shall be decreed to refer to the Trustee (including any successor or substitute appointed and designated as herein provided) from time to time acting hereunder. The Trustor hereby ratifies and confirms any and to any and all acts which the herein named Trustee or its successor or successors, substitute or substitutes, in this trust,lawfully shall do by virtue hereof. ARTICLE III Miscellaneous 3.1. Trustor's Acknowledgment of Remedies. SUBJECT TO THE TERMS OF THE LOAN AGREEMENT, THE SELLER NOTE, AND ANY OTHER FINANCING DOCUMENT UPON THE OCCURRENCE AND DURING THE CONTINUANCE OF AN EVENT OF DEFAULT, THE TRUSTOR HEREBY CONSENTS AND AGREES TO THE FORECLOSURE AND SALE OF THE TRUST PROPERTY BY ACTION PURSUANT TO APPLICABLE LAW OR, AT THE OPTION OF THE BENEFICIARY, BY EXERCISE OF THE POWER OF SALE PURSUANT TO APPLICABLE LAW (OR PURSUANT TO ANY SIMILAR OR REPLACEMENT STATUTES HEREAFTER ENACTED). The Trustor understands that upon the occurrence and during the continuance of an Event of Default, the Beneficiary may also elect its rights under the Uniform Commercial Code and take possession of the Personal Property (as defined in this Deed of Trust) and dispose of the same by sale or otherwise in one or more parcels provided that at least ten (10) days' prior notice of such disposition must be given, all as provided for by the Uniform Commercial Code, as hereafter amended or by any similar or replacement statute hereafter enacted. THE TRUSTOR ACKNOWLEDGES THAT IT IS REPRESENTED BY LEGAL COUNSEL; THAT BEFORE SIGNING THIS DOCUMENT THIS PARAGRAPH AND THE TRUSTOR'S RIGHTS WERE FULLY EXPLAINED BY SUCH COUNSEL AND THAT THE TRUSTOR UNDERSTANDS THE NATURE AND EXTENT OF THE RIGHTS WAIVED HEREBY AND THE EFFECT OF SUCH WAIVER. 3.2. Continued Priority. Any agreement hereafter made by the Trustor and the Beneficiary pursuant to this Deed of Trust shall be superior to the rights of the holder of any intervening lien or encumbrance except as provided by the Permitted Encumbrances set forth on Exhibits B-1 and B-2 hereto,as applicable. 3.3. Cumulative Rights. Each right,power or remedy herein conferred upon the Beneficiary is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the Beneficiary, at law or in equity, or under the Uniform Commercial Code or other law, or under any other Loan Document, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the Beneficiary and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. No delay or omission by the Beneficiary in the exercise of any right, power or remedy arising hereunder or arising otherwise shall impair any such right, power or remedy or the right of the Beneficiary to resort thereto at a later date or be construed to be a waiver of any Event of Default under this Deed of Trust. 3.4. Waiver. The Trustor hereby waives to the full extent lawfully allowed the benefit of any homestead, appraisement, evaluation, stay and extension laws now or hereafter in force. The Trustor hereby waives any rights available with respect to marshaling of assets so as to require the separate sales of any portion of the Trust Property, or as to require the Beneficiary or any other person to exhaust its remedies against a specific portion of the Trust Property before proceeding against the other and does hereby expressly consent to and authorize the sale of the Trust Property or any part thereof as a single unit or parcel. 3.5. Satisfaction of Deed of Trust/Reconvevance of Trust Property. When all Secured Indebtedness has been paid or if otherwise required to be released pursuant to the terms of the Loan Agreements, or any other Financing Document,then the Trustee, its successor or assigns, shall reconvey all of the Trust Property conveyed to the Trustee by the Trustor. Any part of the Trust Property may be conveyed at any time to the Trustor at the request of the Beneficiary without affecting the validity and priority of the lien of this Deed of Trust upon the remainder of the Trust Property.