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Willoughby <br />Deed of Trust, Assignment of Rents, Security Agreement, and Fixture Filing <br />Loan no. 197694 <br />12 <br />20150 <br />(5) for more than ten days after notice from Beneficiary, Trustor is in default under any term, covenant or <br />condition of this deed of trust not previously described in this Section 8.01, which can be cured by the <br />payment of a sum of money; or <br />(6) for 30 days after notice from Trustee or Beneficiary, Trustor is in default under any term, covenant or <br />condition of this deed of trust not previously described in this Section 8.01; provided that if: (A) it is <br />reasonably certain that the default cannot be cured by Trustor within that 30 day period; and (B) Trustor <br />has commenced curing that default within that 30 day period and thereafter diligently and expeditiously <br />proceeds to cure that default, then that 30 day period shall be extended for so long as reasonably <br />required by Trustor in the exercise of due diligence to cure that default, up to a maximum of 90 days after <br />the notice to Trustor of the Event of Default. <br />8.02 Remedies. At any time after an Event of Default, Trustee and Beneficiary may invoke any and all <br />of the rights and remedies described below. All of such rights and remedies are cumulative, and the exercise of <br />any one or more of them does not constitute an election of remedies: <br />(a) Acceleration. Trustee or Beneficiary may declare any or all of the Secured Obligations to <br />be due and payable immediately. <br />(b) Receiver. Trustee or Beneficiary may, to the extent permitted by Applicable Law, make <br />an ex parte application to any court of competent jurisdiction, and obtain appointment of, a receiver, trustee, <br />liquidator or conservator of the Property, without notice, without giving bond, and without regard for the <br />adequacy of the security for the Secured Obligations and without regard for the solvency of Trustor, any <br />Guarantor, or of any Person liable for the payment of the Secured Obligations. TRUSTOR HEREBY WAIVES NOTICE <br />OF THE APPLICATION FOR, AND CONSENTS TO THE APPOINTMENT OF A RECEIVER, TRUSTEE, LIQUIDATOR OR <br />CONSERVATOR OF THE PROPERTY IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION; AND AGREES TO NOT <br />OPPOSE SUCH APPOINTMENT. <br />(c) Entry. To the greatest extent permitted by Applicable Law, Trustee or Beneficiary, in <br />person, by agent or by court- appointed receiver, may enter, take possession of, manage and operate all or any <br />part of the Property, and may also do any and all other things in connection with those actions that Beneficiary <br />may consider necessary and appropriate to protect the security of this deed of trust. Such other things may <br />include: taking and possessing all of Trustor's or the then owner's books and records; entering into, enforcing, <br />modifying, or canceling leases on such terms and conditions as Trustee or Beneficiary may consider proper; <br />obtaining and evicting tenants; fixing or modifying rents; collecting and receiving any payment of money owing to <br />Trustor; completing any unfinished construction; and /or contracting for and making repairs and alterations. If <br />Trustee or Beneficiary so requests, Trustor will assemble all of the Property that has been removed from the Land <br />and make all of it available to Trustee or Beneficiary at the site of the Land. TRUSTOR HEREBY IRREVOCABLY <br />CONSTITUTES AND APPOINTS TRUSTEE AND BENEFICIARY AS TRUSTOR'S ATTORNEY -IN -FACT TO PERFORM SUCH <br />ACTS AND EXECUTE SUCH DOCUMENTS AS TRUSTEE OR BENEFICIARY CONSIDERS APPROPRIATE IN CONNECTION <br />WITH TAKING THESE MEASURES, INCLUDING ENDORSEMENT OF TRUSTOR'S NAME ON ANY INSTRUMENTS. <br />Regardless of any provision of this deed of trust or the other Secured Obligation Documents, neither Trustee or <br />Beneficiary shall not be considered to have accepted any property other than cash or immediately available funds <br />in satisfaction of any obligation of Trustor to Beneficiary, unless Trustee or Beneficiary respectively, has given <br />express written notice of its election of that remedy in accordance with the UCC. <br />(d) Cure; Protection of Security. Trustee or Beneficiary may cure any breach or default of <br />Trustor, and if it chooses to do so in connection with any such cure, Trustee or Beneficiary may also enter the <br />Property and /or do any and all other things which it considers necessary or appropriate to protect the security of <br />this deed of trust. Such other things may include: (1) appearing in and /or defending any action or proceeding <br />which purports to affect the security of, or the rights or powers of Trustee or Beneficiary under, this deed of trust; <br />Rev. 1.7.2015 <br />