202©06555►
<br />Property or upon any other property of Trustor shall affect, in any manner or to any
<br />extent, the lien of this Deed of Trust upon the Property, or any part thereof, or any liens,
<br />rights, powers or remedies of Trustee or Beneficiary hereunder, but such liens, rights,
<br />powers and remedies of Trustee and Beneficiary shall continue unimpaired as before.
<br />3.07 Possession. Notwithstanding the appointment of any receiver,
<br />liquidator or trustee of Trustor, or of any of its property, or of the Property or any part
<br />thereof, Trustee and Beneficiary shall be entitled to retain possession and control of all
<br />Property now or hereafter held under this Deed of Trust.
<br />3.08 Other Remedies. Beneficiary may elect to exercise any other remedies
<br />at law or in equity.
<br />3.09 Beneficiary's Other Powers. Without affecting the liability of any other
<br />person liable for the payment of any obligation herein mentioned, and without affecting
<br />the lien or charge of this Deed of Trust upon any portion of the Property not then or
<br />theretofore released as security for the full amount of all unpaid obligations, Beneficiary
<br />may, from time to time and without notice (i) release any person so liable, (ii) extend the
<br />maturity or alter any of the terms of any such obligations, (iii) grant other indulgences,
<br />(iv) release or reconvey, or cause to be released or reconveyed, at any time at
<br />Beneficiary's option any portion or all of the Property, (v) make compositions or other
<br />arrangements with debtors in relation thereto.
<br />3.10 Remedies Not Exclusive. No remedy or right in this Deed of Trust is
<br />intended to be exclusive of any other remedy herein or by law provided, but each shall
<br />be cumulative and shall be in addition to every other remedy given hereunder or now or
<br />hereafter existing at law or in equity or by statute. No delay or omission of Trustee or
<br />Beneficiary in exercising any right or remedy contained in this Deed of Trust shall be
<br />construed to be a waiver of any Events of Default or any acquiescence therein; and every
<br />right and remedy given by this Deed of Trust to Trustee or Beneficiary may be exercised
<br />from time to time as often as may be deemed expedient by Trustee or Beneficiary. If
<br />there exists additional security for the performance of the obligations secured hereby,
<br />the Beneficiary, at its sole option, and without limiting or affecting any of the rights or
<br />remedies hereunder, may exercise any of the rights and remedies to which it may be
<br />entitled hereunder, either concurrently with whatever rights it may have in connection
<br />with such other security or in such order as it may determine. Nothing in this Deed of
<br />Trust shall affect the obligation of Trustor to pay Obligations in the manner and at the
<br />time and place provided in the Note or any other Security Documents.
<br />3.11 Waiver by Trustor. To the fullest extent permitted by applicable law,
<br />Trustor will not at any time insist upon, or plead, or in any manner whatever claim or
<br />take any benefit or advantage of any stay or extension or moratorium law or law
<br />pertaining to the marshaling of assets, the administration of estates of decedents, any
<br />exemption from execution or sale of the Property, or any part thereof, including
<br />exemption of homestead, wherever enacted, now or at any time hereafter in force, which
<br />may affect the covenants and terms of performance of this Deed of Trust, nor claim,
<br />take or insist upon any benefit or advantage of any law now or hereafter in force
<br />providing for the valuation or appraisal of the Property, or any part thereof, prior to any
<br />sale or sales thereof which may be made pursuant to any provision herein, or pursuant
<br />to the decree, judgment or order of any court of competent jurisdiction, and Trustor
<br />hereby expressly waives all benefit or advantage of any such law or laws, and covenants
<br />not to hinder, delay or impede the execution of any power herein granted or delegated
<br />to Trustee or Beneficiary, but to suffer and permit the execution of every power as
<br />though no such law or laws had been made or enacted.
<br />ARTICLE IV
<br />CONCERNING TRUSTEE
<br />4.01 Reconveyance. Upon payment of all sums secured by this Deed of Trust
<br />Beneficiary shall request Trustee to reconvey the Property and shall surrender this Deed
<br />of Trust to Trustee. Trustee shall reconvey the Property without warranty and without
<br />charge to the person or persons legally entitled to it. Such person or persons shall pay
<br />any recordation costs.
<br />8
<br />
|