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201400400 Lender, the occurrence or existence of any Event of Default, the notice of intention to accelerate, or acceleration of, the maturity of the Debt, the request to sell, notice of sale, time, place, terms and manner of sale, and receipt, distribution, and application of the money realized therefrom, the due and proper appointment of a substitute Deed of Trust Trustee, and without being limited by the foregoing, any other act or thing having been duly done by or on behalf of Lender or by or on behalf of Deed of Trust Trustee, shall be taken by all courts of law and equity as prima facie evidence that such statements or recitals state true, correct, and complete facts and are without further question to be so accepted, and Borrower does hereby ratify and confirm any and all acts that Deed of Trust Trustee may lawfully do in the premises by virtue hereof. 5. Future Advances. 1T IS THE INTENTION OF BORROWER AND LENDER THAT THIS SECURITY INSTRUMENT IS AN "INSTRUMENT" (AS DEFINED IN SECTION 106.330 OF THE NEVADA REVISED STATUTES ( "NRS "), AS AMENDED AND RECODIFIED FROM TIME TO TIME) WHICH SECURES "FUTURE ADVANCES" (AS DEFINED IN NRS SECTION 106.320) AND WHICH IS GOVERNED PURSUANT TO NRS SECTIONS 106.300 THROUGH 106.400. IT IS THE INTENTION OF THE PARTIES THAT THE OBLIGATIONS INCLUDE THAT OBLIGATION OF THE BORROWER TO REPAY FUTURE ADVANCES OF 'PRINCIPAL" (AS DEFINED IN NRS SECTION 106.345) IN AN AMOUNT UP TO THE LOAN AMOUNT SET FORTH ON SCHEDULE A ATTACHED HERETO, AND THAT THE LIEN OF THIS SECURITY INSTRUMENT SECURES THE OBLIGATION OF BORROWER TO REPAY ALL SUCH FUTURE ADVANCES WITH THE PRIORITY SET FORTH IN NRS SECTION 106.370(1). 6. Adoption of Statutory Covenants. The following covenants, Nos. 6 and 7 (a reasonable), 8 and 9 of NRS 107.030, where not in conflict with the provisions of the Loan Documents, are hereby adopted and made a part of this Security Instrument. Upon the occurrence and during the continuance of any Event of Default by Borrower hereunder, Lender may have a receiver appointed as a matter of right without regard to the sufficiency of the Mortgaged Property or any other security or guaranty and without any showing as required by NRS 107.100. All remedies provided in this Security Instrument are distinct and cumulative to any other right or remedy under this Security Instrument or afforded by law or equity and may be exercised concurrently, independently or successively. A sale of Mortgaged Property conducted pursuant to Covenants Nos. 6, 7 and 8 of NRS 107.030 may be conducted either as to the whole of the Mortgaged Property or in separate parcels and in such order as the Deed of Trust Trustee may determine, consistent with Nevada law. 7. IRREVOCABLE. The trust created hereby is irrevocable by the Trustor. ******************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** FOR MORTGAGED PROPERTY LOCATED IN NEW JERSEY 1. Borrower authorizes Lender, at its option, to either name any or all of the tenants of the Mortgaged Property, if any, in any foreclosure action commenced by Lender or to foreclose this Security Instrument subject to the rights of any or all of such tenants of the Mortgaged Property, if any. The failure by Lender to name any such tenants as parties defendant - 118 -