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<br />Beneficiary, or if Beneficiary holds less than all of such indebtedness, the pro rata part thereof
<br />owing to Beneficiary, accounting to all other beneficiaries or noteholders not joining in such bid in
<br />cash for the portion of such bid or bids apportionable to such nonbidding beneficiary or noteholder.
<br />Trustor has no right to purchase the Property or any portion thereof at any sale.
<br />Section 6.03. Application of Proceeds. The proceeds of any sale or disposition
<br />hereunder, together with any other sums that then may be held by Trustee or Beneficiary under
<br />this Deed of Trust, whether under the provisions of this paragraph, or otherwise, shall be applied as
<br />follows: FIRST, to the expenses of such sale or disposition together with Trustee's fees and
<br />reasonable attorneys' fees and expenses, Beneficiary's costs and the actual cost of publishing,
<br />recording, mailing, and posting notice; SECOND, to the cost of any search or other evidence of title
<br />procured in connection therewith, if applicable, and recordation and transfer taxes and other
<br />charges, if any, on any release or deed of reconveyance; THIRD, to the payment of all Secured
<br />Obligations and all other sums due Beneficiary from Trustor; FOURTH, to all other sums secured
<br />hereby; and the remainder, if any, to the person or persons legally entitled thereto in the order of
<br />their priority.
<br />Section 6.04. Remedies Not Exclusive. Trustee and Beneficiary shall each be entitled to
<br />enforce payment and performance of any Secured Obligations and to exercise all rights and
<br />powers under this Deed of Trust, under the Credit Agreement, under any of the other Loan
<br />Documents, or under any laws now or hereafter in force, notwithstanding some or all of sthe
<br />Secured Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of
<br />trust, pledge, lien, assignment, or otherwise. Neither the acceptance of this Deed of Trust nor its
<br />enforcement, by court action or pursuant to the power of sale or other powers contained in this
<br />Deed of Trust, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize
<br />upon or enforce any other security now or hereafter held by Beneficiary or Trustee in such order
<br />and manner as they or either of them may in their absolute discretion determine. No remedy
<br />conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other
<br />remedy in this Deed of Trust or by law provided or permitted, but each (a) shall be cumulative and
<br />shall be in addition to every other remedy given in this Deed of Trust or now or hereafter existing at
<br />law or in equity and (b) may be exercised, concurrently or independently, from time to time and as
<br />often as may be deemed expedient by Trustee or Beneficiary, and either of them may pursue
<br />inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting Beneficiary
<br />from seeking a deficiency judgment against Trustor to the extent such action is permitted by law.
<br />Section 6.05. Waiver of Marshalling and Consent to Receiver. Trustor waives all
<br />rights, legal and equitable, it may now or hereafter have to require marshalling of assets or to
<br />require upon foreclosure sales of assets in a particular order. Each successor and assign of
<br />Trustor, including any holder of a lien subordinate to this Deed of Trust, by acceptance of its
<br />interest or lien agrees that it shall be bound by the above waiver, as if it had given the waiver
<br />itself. Trustor hereby consents to Trustee's or Beneficiary's application for, and the appointment
<br />of, a receiver, trustee, liquidator, or conservator of the Property, without notice to Trustor and
<br />without regard for the adequacy of the security for the Secured Obligations and without regard
<br />for the solvency of Trustor.
<br />FNBO /Nova -Tech
<br />Leasehold Deed of Trust
<br />DOCS/1660400.5
<br />ARTICLE VII
<br />RECONVEYANCE
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