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<br />thereof, provided, however, if for any reason payment by the Trustor of any such new or additional taxes,
<br />assessments or other charges would be unlawful or if the payment thereof would constitute usury or render the Loan
<br />wholly or partially usurious under any of the terms or provisions of the Loan Agreement, Note, or this Deed of
<br />Trust, or otherwise, the Beneficiary may, at its sole option, upon thirty (30) days' written notice to the Trustor,
<br />declare the whole indebtedness secured by this Deed of Trust, with interest thereon, to be immediately due and
<br />payable. Such taxes, assessments or other charges shall be part of the Obligations and shall be secured by this Deed
<br />of Trust.
<br />ARTICLE V
<br />DEFAULTS, REMEDIES AND RIGHTS
<br />SECTION 5.1.' Events of Default. The occurrence of any of the following events shall be
<br />deemed an event of default ( "Event of Default ") hereunder and shall, at the option of Beneficiary make all amounts
<br />then remaining unpaid on the Obligations immediately due and payable, all without further demand, presentment,
<br />notice or other requirements of any kind (except as required by law), all of which are expressly waived by Trustor,
<br />and the lien, encumbrance and security interest evidenced or created hereby shall be subject to foreclosure in any
<br />manner provided for herein or provided for by law and all other remedies available at law or in equity:
<br />(a) The occurrence of any Event of Default (as defined in the Loan Agreement) under the
<br />Loan Agreement;
<br />(b) Trustor shall default in the performance or observance of any term, covenant or condition
<br />required to be observed by Trustor under this Deed of Trust; or
<br />(c) Trustor shall be in default under any Concurrent Loan Transaction Documents.
<br />SECTION 5.2. Fixtures. Upon the occurrence of any Event of Default, or at any time
<br />thereafter, Beneficiary may, to the extent permitted under applicable law, elect to treat the fixtures included in the
<br />Subject Property either as real property or personal property, or both, and proceed to exercise such rights as apply
<br />thereto. With respect to any sale of real property included in the Subject Property made under the power of sale
<br />herein granted and conferred, Beneficiary may, to the extent permitted by applicable law, include in such sale any
<br />personal property and fixtures included in the Subject Property relating to such real property.
<br />SECTION 5.3. Remedies Cumulative. All notice and cure periods provided in this Deed of
<br />Trust, the Loan Agreement or any other Loan Document shall run concurrently with any notice or cure periods
<br />provided under applicable law. No remedy or right of Beneficiary or Trustee hereunder, under the Loan Agreement
<br />and any other Loan Document or otherwise, or available under applicable law, shall be exclusive of any other right
<br />or remedy, but each such remedy or right shall be in addition to every other remedy or right now or hereafter
<br />existing at law or in equity under any such document or under applicable law. No failure or delay by Beneficiary in
<br />exercising any right hereunder shall operate as a waiver thereof or of any other right nor shall any single or partial
<br />exercise of any such right preclude any other further exercise thereof or of any other right. Unless otherwise
<br />specified in such waiver or consent, a waiver or consent given hereunder shall be effective only in the specific
<br />instance and for the specific purpose for which given. Every such remedy or right may be exercised concurrently or
<br />independently, and when and as often as may be deemed expedient by Beneficiary or Trustee. All obligations of
<br />Trustor, and all rights, powers and remedies of Beneficiary and Trustee expressed herein shall be in addition to, and
<br />not in limitation of, those provided by law, equity or in the Loan Agreement and any other Loan Document.
<br />SECTION 5.4. Possession of Property. Trustor hereby waives, while any Event of Default
<br />exists, all right to the possession, income, earnings, revenues, issues, profits and Rents of the Property. Beneficiary
<br />or a Receiver (as the case may be as the Person exercising the rights under this Section) is hereby expressly
<br />authorized and empowered to the extent permitted by applicable law, but not obligated, while any Event of Default
<br />exists, (i) to enter into and upon and take possession of, and operate all facilities on, the Property or any part thereof,
<br />personally, or by its agents or attorneys, and exclude Trustor therefrom without liability for trespass, damages or
<br />otherwise; (ii) to enter upon and take and maintain possession of all of the documents, books, records, papers and
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<br />010499/1956/35239.00196
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