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<br />written request, Grantor shall assemble the Personal Property and other Collateral and make it available to
<br />Lender upon Lender's written request.
<br />9.4 TRUSTEE'S DEED. Trustee shall deliver to the purchaser a Trustee's deed and such
<br />other assignments and documents of transfer and sale as Trustee may deem necessary conveying the
<br />Property so sold in fee simple with covenants of general warranty. Grantor covenants and agrees to
<br />defend generally the purchaser's title to the Property against all claims and demands, subject only to the
<br />Permitted Exceptions. Grantor hereby agrees, in its behalf and in behalf of Grantor's heirs, executors,
<br />administrators, personal representatives, successors and assigns, that any and all recitals made in any deed
<br />of conveyance given by Trustee with respect to the identity of Lender, the occurrence or existence of any
<br />default, the acceleration of the maturity of any of the Indebtedness, the request to sell, the notice of sale,
<br />the giving of notice to all debtors legally entitled thereto, the time, place, terms and manner of sale, and
<br />receipt, distribution and application of the money realized therefrom, or the due and proper appointment
<br />of a substitute Trustee, and, without being limited by the foregoing, with respect to any other act or thing
<br />having been duly done by Lender or by Trustee hereunder, shall be taken by all courts of law and equity
<br />as prima facie evidence that the statements or recitals state facts and are without further question to be so
<br />accepted, and Grantor hereby ratifies and confirms every act that Trustee or any substitute Trustee
<br />hereunder may lawfully do in the premises by virtue hereof. The purchaser at any such sale may disaffirm
<br />any easement, restriction, preliminary plan, or subdivision plat granted or filed, or rental, lease or other
<br />contract made in violation of any provision of this Instrument, and may take immediate possession of the
<br />Property free from, and despite the terms of, such easement, restriction, plan, or plat, or rental, lease or
<br />other contract.
<br />9.5 UNILATERAL SUBORDINATION. At any time prior to foreclosure, Lender may
<br />unilaterally subordinate the liens created by this Instrument to any existing easement, restriction,
<br />preliminary plan, or subdivision plat granted or filed against or with respect to the Property, or any Lease
<br />or other contract which is then in effect and which affects the Property. Such unilateral subordination will
<br />be effective when filed in the real property records of the county where the Property is located.
<br />9.6 PROCEEDS OF SALE. Trustee shall apply the proceeds of the sale in the following
<br />order: (a) to all reasonable costs and expenses of the sale, including but not limited to, reasonable
<br />Trustee's fees and attorney's fees and costs of title evidence; (b) to all sums secured by this Instrument in
<br />such order as Lender, in Lender's sole discretion, directs; and (c) the excess, if any, to the person or
<br />persons legally entitled thereto.
<br />9.7 POSSESSION AFTER SALE. If the Property is sold pursuant to Section 9.02, Grantor
<br />or any person holding possession of the Property through Grantor shall immediately surrender possession
<br />of the Property to the purchaser at such sale upon the purchaser's written demand. If possession is not
<br />surrendered upon the purchaser's written demand, Grantor or such person shall be a tenant at sufferance
<br />and may be removed by writ of possession or by an action for forcible entry and detainer.
<br />9.8 COSTS AND EXPENSES. Lender shall be entitled to collect all costs and expenses
<br />incurred in pursuing such remedies, including but not limited to, attorney's fees and expenses, and the
<br />costs of environmental site assessments, inspections, appraisal fees, and costs of documentary evidence,
<br />abstracts, and title reports.
<br />9.9 SUBSTITUTE TRUSTEE. Lender, at Lender's option, with or without cause, may from
<br />time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an
<br />instrument recorded in the county in which this Instrument is recorded. Without conveyance of the
<br />Property, the successor trustee shall succeed to all title, power, and duties conferred upon the Trustee by
<br />this Instrument and by applicable law.
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