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892675/5/COLUMBUS 065439.00076 1. Waiver of Borrower. To the extent permitted by law, Borrower hereby agrees that it shall not at any time insist upon, plead, claim or take any benefit or advantage, in any way whatsoever, whether now or in the future, and Borrower hereby irrevocably waives, all of the following, whether the same exists under federal or state law, or otherwise at law or in equity: Any right of redemption of any of the Property after sale under this Deed of Trust; All rights and claims it may have in or to any of the Property as a "homestead exemption," or similar exemptions; Any stay, extension or moratorium law which may extend the period for enforcement of this Deed of Trust or any period of redemption; Any and all right to require the marshaling of assets in connection with the exercise of any of Lenders' remedies under this Deed of Trust, it being agreed that Lenders shall have the right to determine, in its sole discretion, the order in which any of the Property shall be sold, or the order in which any Obligations are satisfied from the proceeds of such sale; Any law providing for the valuation or appraisal of all or any part of the Property prior to or after any sale or sales made pursuant to this Deed of Trust; Personal service of process in any action or proceeding at any time commenced to enforce this Mortgage or any of the Loan Documents, Borrower hereby notwithstanding some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, by court action or pursuant to the Power of Sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affect Trustee's or Lenders' right to realize upon or enforce any other security now or hereafter held by Lenders or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or Lenders, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or now or hereafter existing at law or in equity or by statute. Every power or remedy given to Trustee or Lenders by the Notes, this Deed of Trust or any of the Loan Documents, or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lenders, and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lenders from seeking a deficiency judgment against Borrower to the extent such action is permitted by law. 2 01310005 j. Time of the Essence. Time is of the essence of this Deed of Trust. k. Waivers and Consents. Neither Trustee nor Lenders shall be deemed to have waived any rights under this Deed of Trust (or under the Notes or the Loan Documents) unless such waiver is in writing and signed by Trustee or Lenders, as applicable. No delay or omission on the part of Trustee or Lenders in exercising any right shall operate as a waiver of such right or any other right. A waiver by Trustee or Lenders of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the party's right otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Trustee or Lenders, nor any course of dealing, shall constitute a waiver of any of Trustee's or Lenders' rights, or any of Borrower's obligations, as to any future transactions. Whenever consent by Lenders is required in this Deed of Trust, the granting of such consent by Lenders in any instance shall not constitute continuing consent to subsequent instances where such consent is required. 19