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f 71,
<br />ono OF T 90-0 ti 6
<br />holder d arioiiaF fiM>r or the see d funds a the twisting for prdnibilad Pa+Daee-
<br />if. GRANTORS RIOW TO CURL Upon the oceurrertao of any Event of Dow (ww than fraud or malarial mbrapwsirile*on) and prior to
<br />wo—I g any of the rights and'va Trades provided In flits Deed d Trial or bylaw. Larder shel give notice as provided in the Dad d Trust and as
<br />regilied by applicable taw
<br />illi. RtiM AND RE31EDU S ON DEFAULT. Upon the occurrence of any Event of Defult and at any`tima fhereatlar. Trustee or Lander. at Ys op*on. .
<br />may areiotee any onset mom of d6 toMowirg d9fMs and i , Win le addiction to arty ottw i Wft or romodies prowWO by taw:
<br />All 11" upon Debut Add N od RaesafIee. N any event d dsfaull occurs which is not cured within Vdw (151) days aver noRM Leander
<br />My declare all tndebladnaas secured by dab Deed of That to be due and payable and the same shelf thereupon became duo and payable
<br />aiMied any prenmtna k derrund, proled or noico at any Mid. Tharaaller. Lender may.
<br />(a) E Mier in parson or by agent. with or without brkrgkg any isclon or pros ndrg, or by a receiver appdnied by a court and withalf regard
<br />b the adequacy of ib secisily. enler upon and We popaesston of the Praparty. or any part thered, in Its own name or in the inim of
<br />Tnidpe. and do any acts which M deems ne mWY Or desirable to P=ww the value. marketability or replan ft of the Property, or part of
<br />Via Property or interest in the Property; increase the income from the Prope�ty or prdect the security d,ft Property: and. with or without
<br />taking p�.:ion of flag Praparly, sup tar or otwwiss totted the rents, issues and W" Of the Property, including those past duce and
<br />unpaid. and apply the same, lass costs and sxpanses of operation and coiec*on. including attorneys• teas, to any iridebafdrfeea secured by
<br />— this Dead d Trust, as in such order as Lander may determine. The enfering upon and Wdfg possession d the Property, the colfrle*m of
<br />— — tteraall shalt -not cure & W* any mutt or nice, of default under this Dad d Tnst or
<br />invalidate any act done in responso to such de4uN or prsuant to such rroica of default; and. notwithstanding the continuance in pmession
<br />d the grope&y or the eoieelion, naipl and application of Mft issues or praft Trustee or Lender shall be snbled to eiranciae every 6W
<br />provided for to the 0*0 Agreement or the Related Documents or by taw upon the occurrence of any event of default. including the right to
<br />eiairietee the power of sate;.
<br />(b) Commence an action to foreclose this Deed of Tnnst as a mortgage, appoint a receiver or specifically enforce any of the covenants
<br />jt~, and
<br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notices of default and election to cause Grantors
<br />knlareat in the Property to be said. which notice Trustee shall cause to be duty filed for record In the appropriate offices of the County in which the Property Is located. t •
<br />Foacinawe by plower of Sale: it Lender elects to foreclose by exercise of the Power of Sale herein contained. Lender shelf natty Trustee and
<br />shalt dwM with Trustee this Deed of Trust and the Credit Agreement and such receipts and evidence of expenditures made and secured by this
<br />Deed o Trust as Tna4ae may require.
<br />(a) Upon receipt of such notice from Lender. Trustee shall cause to be recorded. published and delivered to Grantor such Notice of Default
<br />and Notice of Sale as then required by taw and by this Deed of Trust. Trustee shall, without demand on Grantor, after such bore as may than
<br />be required by law and after recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell the
<br />Property at the time and plea of sate feud by it in such Notice of Sale, either as a whole, or in separate lots or parcels or Name as Trustee
<br />shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the united
<br />States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds
<br />conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any nnkt*s or facts
<br />stall be cOnclusi a proof of the truthfulness thereof. Any person, including without limitation Grantor. Trustee, or Lander, may purchase at '
<br />such sale.
<br />(b) As may be permitted by law. after deducting all costs, fees an d expenses of Trustee and of this Trust, including costs of evidence of title
<br />In connection with sale. Trustee shall apply the procreds of safe to payment of (i) all sums expended under the terms of this Deed of Trust or =
<br />under the tennis of the Credit Agreement not then repaid, including but not limited to accrued interest and late charges, (G) ate other sums
<br />then secured heiaby. and (iii) the remainder, N any, to the person or persons "ally entitled thereto.
<br />(c) Trust" may in the manner provided by law postpone sale of all or any portion of the Property.
<br />Raraedles
<br />NO Exclusive. Trustes and Lender, and each of them, shall be entitled to enforce payment and performanoo of any Indebtedness or
<br />obfip lions secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the C,remt Agreement, under any of
<br />Me Related Documents, or under any other agreement or anti laws now or hereafter in force; notwithstanding, some or as of such indebtedness
<br />and obligations secured by this deed of Trust may now or hereafter be otherwise secured, whether by mortgage, dead of tnat, pfedge, ken,
<br />assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of
<br />sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affect Trustee's or Lenders right to realize upon or enforce
<br />any other security now or hereefter held by Trustee or Lender, it being agreed that Trustee and Lender, and each of them. shall be entitled to
<br />enforce this Dead of Trust and any other security now or hereafter held by Larder or Trustee in such order and manner as they or What of them _
<br />may in their absolute discretlon determine. No remedy conferred upon or reserved to Trustee or Lender, is intepttad to be exclusive of cry other
<br />remedy in this Deed of Trust or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in
<br />this Deed of Trust or now or hereafter existing at law or In equity or by statute. Every power or remedy given by the Credit Agreement or any of
<br />the Related Documents to Trustee or Lender or to which either of them may be otherwise entitled. may be exercised, concurrently or
<br />indspendentty, from time to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent
<br />ramedia. Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Grantor to the
<br />extent such action Is permitted by law.
<br />Request For Notice. Grantor, on behalf of Grantor and lender, hereby requests that a copy of any Notice of Default and a copy of any Notre of
<br />Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Waiver; Election of Remedies. A waiver by any party of a breach of a provision of this Deed of Trust shall not constitute a waive► of or prejudice
<br />the party's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any remedy
<br />provided in this Deed of Trust, the Credit Agreement, in any Related Document, or provided by law shall not exclude pursuit of any other remedy.
<br />and an election to make "nditures or to take action to perform an obligation of Grantor under this Deed of Trust after failure of Grantor to
<br />perform shat not affect Landers ijgtil to declare a default and to exercise any of its remedies.
<br />Attorneys' Fees; Expen" If Lender institutes any suit or achan to enforce any of the terms of -this Deed of Trust. Lender shah be entitled to
<br />recover such sum as the court may adjudge reasonable as attorneys' fees at trial and on any appeal. Whether or not any court action is involved,
<br />ate MWMble expenses incurred by Lender which in Lender's opinion are necessary at any time for the protection of lib interest or the
<br />enforcement Of its rights shall become a part of the indebtedness payable on demand and shall bear interest of the Credit Agreement rate from the
<br />date of expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any krtiits under applicable ,-
<br />law, lender's attorneys' fees whether or not there is a lawsuit, including attorneys' tees for bankruptcy proosedings (including efforts to modify of
<br />vacate any stay or iniuncfion:, appeals and any. anlicoated Dost- iudc_1^ient co "e !A Yn rer ,ces f^ � :�i searctunq records Wa -mnu
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