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<br />interest therein, either voluntarily, involuntarily or by operation of law, or any
<br />agreement so to do, without the prior written consent of Beneficiary; the
<br />termination, by Dreisbach's, of its use of the Property as a restaurant facility; or
<br />the liquidation, termination, or dissolution of Dreisbach's.
<br />ARTICLE III
<br />REMEDIES
<br />Upon the occurrence of any Event of Default, which is not cured within any
<br />applicable grace or curative period, Trustee and Beneficiary shall have the
<br />following rights and remedies:
<br />3.01 Beneficiary Powers. Beneficiary in person or by agent may, without
<br />any obligation so to do and without notice or demand upon Trustor and without
<br />releasing Trustor from any obligation hereunder: (i) make any payment or do any
<br />act which Trustor has failed to make or do; (ii) enter upon, take possession of,
<br />manage and operate the Property or any part thereof; (iii) exclude or evict Trustor
<br />from the Property; (iv) make or enforce, or, if the same be subject to modification
<br />or cancellation, modify or cancel any leases of the Property, or any part thereof,
<br />upon such terms or conditions as Beneficiary reasonably and in good faith deems
<br />proper; (v) obtain and evict tenants, and fix or modify rents, make repairs and
<br />alterations and do any acts which Beneficiary deems proper to protect the security
<br />hereof; and (vi) with or without taking possession, in its own name or in the name
<br />of Trustor, sue for or otherwise collect on Rents and Profits, including those past
<br />due and unpaid, and apply the same, less costs and expenses of operation and
<br />collection, including reasonable attorneys' fees to Trustor's obligations hereunder.
<br />Upon request of Beneficiary, Trustor shall assemble and make available to
<br />Beneficiary at the Premises any of the Property which has been removed
<br />therefrom. The entering upon and taking possession of the Property, the
<br />collection of any Rents and Profits, and the application thereof as aforesaid shall
<br />not cure or waive any default theretofore or thereafter occurring or affect any
<br />notice of default hereunder or invalidate any act done pursuant to any such
<br />notice. Trustee or Beneficiary shall be entitled, at their election and without
<br />notice, to the appointment of a receiver or receivers for the Property; provided,
<br />however, that any of the actions referred to in this Section 3.01 may be taken by
<br />Beneficiary, either in person or by agent, with or without bringing any action or
<br />proceeding, or by receiver, and any such action may also be taken irrespective of
<br />whether any notice of default or election to sell has been given hereunder and
<br />without regard to the adequacy of the security for the indebtedness hereby
<br />secured. Further, Beneficiary, at the expense of Trustor, either by purchase,
<br />repair or construction, may from time to time maintain and restore the Property,
<br />or any part thereof, and complete construction of the Improvements uncompleted
<br />as of the date thereof and in the course of such completion may make such
<br />changes in the contemplated Improvements as Beneficiary may deem desirable
<br />and may insure the same.
<br />3.02 Foreclosure. Beneficiary may bring an action in any court of
<br />competent jurisdiction to foreclose this Deed of Trust or to enforce any of the
<br />covenants and agreements hereof.
<br />3.03 Power to Sell. Beneficiary may elect to cause the Property, or any part
<br />thereof, to be sold as follows:
<br />(a) If Beneficiary elects to exercise its power of sale with respect to
<br />the Property, or any part thereof, Trustee shall record a notice of default in
<br />each county in which any part of such Property is located and shall mail
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