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� 200000769
<br /> DEED OF TRUST Page 5
<br /> (Continued)
<br /> holder of another lien,or the use of tunds or the dweliing for prohibited purposes.
<br /> 19. GRANTOR'S RIGHT TO CURE. Upon the occunence of any Event of Default (other than fraud or material misrepresenta6on) and prior to
<br /> exercising 8ny of the rights and remedies provided in this Deed of Trust or by law, �ender shall give notice as provided in the Deed of Trust and as
<br /> required by applicable law.
<br /> 20. RIGFITS AHD REMEDIES ON DEFAI�T. Upon the occurrence of any Event of Default and at any time thereafter,Trustee or Lender,at its option,
<br /> may exercise eny one or more of the following rights and remedies,in addition to any other rights or remedies provided by law:
<br /> AcCeleratlon upon Default; Additlonal Remedfes. If any event of default occurs which is not cured within fifteen(15)days aiter noUce,Lender
<br /> may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and payable
<br /> without any presentment,demand,protest or notice of any kind. Thereatter,Lender may:
<br /> (a) Eifher in pe►son or by agent,with or without bringing any action or proceeding,or by a receiver appointed by a court and without regard
<br /> to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its own name or in the name of
<br /> Trustee,and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Property, or part of
<br /> the Property or interest in the Property; increase the income from the Properfy or protect the security of the Property; and, with or without
<br /> taking possession of the Properiy, sue for or otherwise collect the rents, issues and profits of the Property, induding those past due and
<br /> unpaid,and apply the same,less costs and expenses of operation and collection,including attorneys'fees,to any indebtedness secured by
<br /> this Deed of Trust, all in such order as Lender may determine. The entering upon and taking possession of the Property,the collection of
<br /> such rents,issues and profits,and the application thereof shall not cure or waive any default or notice of default under this Deed of Trust or
<br /> invalidate any act done in response to such default or pursuant to such notice of default;and, notwithstanding the continuance in possession
<br /> of the Property or the collection,receipt and application of rents,issues or profits,Trustee w tender shall be entitled to exercise every right
<br /> provided for in the Credit Agreement or the Related Documents or by law upon the occuRence of any event of default,including the right to
<br /> exercise the power of sale;
<br /> (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the covenants
<br /> hereof;and
<br /> (c) Deliver to Trustee a written dectaration of default and demand for sale and a written notice of default and election to cause Grantors
<br /> interest in the Property to be sold,which notice Trustee shall cause to be duly filed for record in the appropriate offices of the County in which
<br /> the Properiy is located.
<br /> ForeClosure by Power of Sate. If Lender elects to toreclose by exercise of the Power of Sale herein contained, Lender shall notify Trustee and
<br /> shall deposit with Trustce this Deed of Trust and the Credit Agreement and such receipts and evidence of expenditures made and secured by this
<br /> Deed of Trust as Trustee may require.
<br /> (a) Upon receipt of such notice from Lender,Trustee shall cause io be recorded,published and delivered to Grantor such Notice of Default
<br /> and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall,without demand on Grantor,after such time as may then
<br /> be required by law and after recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell the
<br /> Property at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in separate tots or parcels or items as Trustee
<br /> shall deem expedient,and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United
<br /> States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds
<br /> conveying the property so sold, but without any covenant or warranty,express or implied. The recitals in such deed of any matters or facts
<br /> shall be conclusive proof of the truthfulness thereof. Any person, including without limitation Grantor,Trustee, or�ender, may purchase at
<br /> suCh sale.
<br /> (b) As may be permitted by Iaw,after deducting all costs,fees and expenses of Trustee and of this Trust,including costs of evidence of title
<br /> in connection with sale,Trustee shall apply the proceeds of sale to payment of (i)all sums expended under the terms oi this Deed of Trust or
<br /> under the terms of the Credit Agreement not then repaid, including but not limited to accrued interest and late charges, (ii)all other sums
<br /> then secured hereby,and (iii)the remainder,if any,to the person or persons legally entitled thereto.
<br /> (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br /> Remedles Not Exclusive. Trustee and Lender,and each of them,shall be entitted to enforce payment and performance of any indebtedness or
<br /> obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust,under the Credit Agreement,under any of
<br /> the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, some or all of such indebtedness
<br /> and obiigations secured by this Dtied ot Trust may now or hereaftsr bs otherwise secu�ed, whether by mortgage, deed of trust, pledge, lien,
<br /> assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of
<br /> 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
<br /> any other security now or hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to
<br /> enforce this Deed of Trust and any other security now or hereafter held by Lender or Trusiee in such order and manner as they or either of them
<br /> may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or Lender,is intended to be exclusive of any other
<br /> 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
<br /> this Deed of Trust or now or hereafter existing at Iaw or in equity or by statute. Every power or remedy given by the Credit Agreement or any of
<br /> the Related Documents to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, concuRently or
<br /> independently, from time to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent
<br /> remedies. Nothing in this Deed of Trust shall be construed as prohibiting lender hom seeking a deficiency judgment against the Grantor to the
<br /> extent suCh aCtion is permitted by law.
<br /> Request For Notfce. Grantor,on behalf of Grantor and Lender,hereby requests that a copy of any Notice of Default and a copy of any Notice of
<br /> Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br /> Waiver;Election of Remedies. A waiver by any party of a breach of a provision of this Deed of Trust shall not constitute a waiver of or prejudice
<br /> the party's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any remedy
<br /> provided in this Deed of Trust,the Credit Agreement,in any Related Document,or provided by law shall not exclude pursuit of any other remedy,
<br /> and an election to make expenditures or to take action fo perform an obligation of Grantor under this Deed of Trust after failure of Grantor to
<br /> perform shall not affeCt Lender's nght to declare a default and to exercise any of its remedies.
<br /> Attomeys'Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to
<br /> recover such sum as the court may adjudge reasonable as attorneys'fees at trial and on any appeal. Whether or not any court action is involved,
<br /> all reasonable expenses inCurred by Lender whiCh in Lender's opinion are necessary at any time for the protection ot its interest or the
<br /> enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Credit Agreement rate from the
<br /> date of expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable
<br /> law, Lender'S attorneys'fee5 whether or not there i5 8 lawsuii, inCluding attorneys' fees for bankruptcy proceedings (inCluding efforts to modify or
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