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201504441
<br /> (a) Acceleration and Power of Sale. Upon (i) Borrower's breach of any covenant or
<br /> agreement of Borrower in this Instrument and the failure to cure the same within twenty (20) days
<br /> after notice thereof by Lender to Borrower or(ii)the occurrence of an Event of Default (as such term
<br /> is defined in the Loan Documents),Lender,at Lender's option,may declare all of the sums secured by
<br /> this Instniment to be immediately due an�i payable without f�uther demand, and may invoke the power
<br /> of sale and other remedics permitted by applicable law or provided herein. Lender shall be entitled to
<br /> collect a11 costs and expenses incurred in pursuing such remedies, including, but not limited to,
<br /> reasonable attorneys' fees and costs of documentary evidence, abstracts and title reports.
<br /> If Lender invokes the power of sale,Lender and Trustee shall execute or cause to be executed
<br /> a written notice of the occurrence of an Event of Default and of Lender's election to cause the Real
<br /> Property to be sold or shall comply with such requirements and procedures as required by the law of
<br /> the State in which this instrument is reco�rded for foreclosure under a power of sale. Trustee shall sell
<br /> thc Real Property according to applicable law. Trustee may sell the Real Property at the time and
<br /> place and under the terms designated in the notice of sale in one or more parcels and in such order as
<br /> Trustee may deternune. Trustee may postpone sale of all or any parcel of the Real Property by public
<br /> announcement at the time and place ��f any previously scheduled sale and in accordance with
<br /> applicable law. Lender or Lender's designee may purchase the Real Property at any sale.
<br /> The Trustee shall deliver to the purchaser a Trustee's deed upon sale conveying the Real
<br /> Property so sold without any covenant or warranty, expressed or implicd, except as required by
<br /> applicable law. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the
<br /> statements made therein. Except as otherwise required by applicable law, Trustee shall apply the
<br /> proceeds of the sale in the following order: (i) to a11 costs and expenses of the sale, including, but not
<br /> limited to, Trustee's and attorneys' fees actually incurred and costs of title evidence, with Trustee's
<br /> fees not to exceed five percent (5%) af the proceeds of the sale; (ii) to all sums secured by this
<br /> Instruinent in such order as Lender, in Lender's sole discretion, directs; (iii} to the payment of junior
<br /> trust deeds,mortgages or other lienholders; and(iv)the excess,if any, to the person or persons legally
<br /> entitled thereto.
<br /> (b) Foreclosure as Mortgage. This Instnunent shall be effective as a mortgage as well
<br /> as a deed of trust and may be foreclosed as a deed of trust or a mortgage as to any of the Real Property
<br /> in any manner pernutted by the laws of t]he State in which this Instrument is recorded.
<br /> (c) Receiver. In addition to all other remedies herein provided, Lender shall, as a matter
<br /> of right, be entitled to an ex parte appointment of a receiver or receivers without notice, notice being
<br /> hereby expressly waived, for all or any part of the Real Property without regard to the value of the
<br /> Real Property or the solvency of any person or persons liable for the payment of the amount owing
<br /> under the Loan Agreement and Borrower does hereby consent to the appointment of such receiver or
<br /> receivers, waives any and all defenses to such appointment and agrees not to oppose any application
<br /> therefore by Lender,but nothing herein is to be construed to deprive Lender of any other right,remedy
<br /> or privilege it may now have under la��v to have a receiver appointed; provided, however, that the
<br /> appointment of such receiver, trustee or other appointee by virtue of any court order, statute or
<br /> regulation shall not impair or in any manner prejudice the rights of Lender to receive payment of the
<br /> rents and income. Any money advanced by Lender in connection with any such receivership shall be
<br /> a part of the indebtedness secured here�y and sha11 be payable by Borrower to Lender as provided in
<br /> this Instrument. The receiver or its agents shall be entitled to enter upon and take possession of any
<br /> and all of the Real Properly. The receiver,personally or through its agents or attorneys, may exclude
<br /> Borrower and its agents, servants and employees wholly from the Real Property, and have,hold, use,
<br /> operate,manage and control the same anid each and every part thereof,and keep insured the properties,
<br /> equipment and apparatus provided or required for use in connection with the business or businesses
<br /> operated on the Real Property, and make all such useful alterations, additions, betterments and
<br /> improvements as the receiver may deenn judicious. Such receivership shall, at the option of Lender,
<br /> continue until full payment of all sums hereby secured, or tmtil title to the Real Property shall have
<br /> passed by foreclosure sale under this Instrument and the period of redemption, if any, shall have
<br /> expired .
<br /> (d) Possession of Real Property. Borrower hereby waives, while any Event of Default
<br /> exists, all right to the possession, inco�me, eamings, revenues, issues, profits and Rents of the Real
<br /> Property. Lender or a Receiver (as th�e case may be as the Person exercising the rights under this
<br /> Section) is hereby expressly authorized and empowered to the extent pernutted by applicable law,but
<br /> not obligated,while any Event of Defatnit exists, (i)to enter into and upon and take possession of, and
<br /> operate all facilities on,the Real Property or any part thereof,personally, or by its agents or attorneys,
<br /> and exclude Borrower therefrom withou�t liabiiity for trespass,damages or otherwise; (ii)to enter upon
<br /> and take and maintain possession of a11 of the documents, books, records, papers and accounts of
<br /> Borrower relating to the possession and operation of the Real Property; (iii) to conduct, either
<br /> personally or by its agents, the business of the Rea1 Property; (iv) to exercise a11 rights of Borrower
<br /> with respect to the Real Property,including,without limitation,the right to sue for or otherwise collect
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