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201503940 (a) To the payment of the costs and expenses of any such sale or other enforcement proceedings in accordance with the terms hereof and of any judicial proceeding wherein the same may be made (including payment of the Trustee's fees of not more than 5%of the gross sale price, attorneys' fees and costs of title evidence), and in addition thereto, reasonable compensation to Agent, its agents and counsel, and all actual out of pocket expenses, advances, liabilities and sums made or furnished or incurred by Trustee, Agent or Lenders under this Deed of Trust and the Loan Agreement and the other Loan Documents, together with interest at the maximum rate permitted by law, and all taxes, assessments or other charges, except any ta�ces, assessments or other charges subject to which the Trust Property shall have been sold; (b) In accordance with the applicable provisions of the Loan Agreement; (c) To the payment of any other sums required to be paid by Grantor pursuant to any provision ofthis Deed ofTrust, or any other Loan Document;and (d) To the payment of the surplus, if any,to whomsoever may be lawfully entitled to receive the same. The Grantor shall remain liable for any deficiency to the extent provided in the documents that create the Obligations Secured. 9. Cumulative Remedies; Delay or Omission Not a Waiver. No remedy or right of the Agent shall be exclusive of; but shall be in addition to,every other remedy or right now or hereafter existing at law or in equity. No delay in the exercise or omission to exercise any remedy or right available during the existence of any Event of Default shall impair any such remedy or right or be construed to be a waiver of such Event of Default or acquiescence therein, nor shall it affect any subsequent Event of Default of the same or different nature. To the extent permitted by applicable law, every such remedy or right may be exercised concurrently or independently and when and as often as may be deemed expedient by the Agent. 10.�ent's Remedies against Multiple Parcels. If more than one property, lot or parcel is covered by this Deed of Trust, and this Deed of Trust is foreclosed upon,or judgment is entered upon any 4bligations Secured (or, in the case of a trustee's sale, shall have met the statutory requirements thereof with respect to such collateral), execution may be made upon any one or more of the properties, lots or parcels and nat upon the others, or upon all of such properties or parcels, either together or separately, and at different times or at the same time, and execution sales or sales by advertisement may likewise be conducted separately or concurrently, in each case at the election of the Required Lenders(as defined in the Loan Agreement). 11.No Mer�er. ln the event of a foreclosure of this Deed of Trust or any other mortgage or trust deed securing the Obligations Secured, the Obligations 5ecured then due shall, at the option of the Required Lenders (as defined in the Loan Agreement), not be merged into any decree of foreclosure entered by the court, and the Trustee or Agent may concurrently or subsequently s�ek to foreclose one or more mortgages or deeds of trust that also secure the Obligations Secured. 716530428 14447759 y