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202105675 <br />5.6 Waiver of Rights. To the maximum extent permitted under Applicable Law, Trustor knowingly, <br />voluntarily, and unconditionally: (a) waives the benefit of any Applicable Law now or hereafter existing that <br />(i) provides for any appraisement or valuation before sale of any portion of the Trust Estate; (ii) in any way extends <br />the time for the enforcement of the collection of the Secured Obligations or creates or extends a moratorium or <br />period of redemption from any sale made in furtherance of collecting the Secured Obligations; (iii) limits Lender's <br />right to pursue a deficiency judgment after a judicial or non judicial foreclosure or limits the amount of any <br />deficiency judgment; or (iv) requires or permits Trustor or the court to determine or otherwise consider the fair <br />market value of any of the Trust Estate in connection with such judicial or non -judicial foreclosure and as a potential <br />limitation on the amount of any deficiency judgment; and (b) agrees that Trustor will not at any time insist upon, <br />plea, claim or take the benefit or advantage of any law now or hereafter in force providing for any homestead <br />exemption, and Trustor, for Trustor, Trustor's representatives, successors and assigns, and for any and all Persons <br />ever claiming any interest in the Trust Estate, waives and releases all rights of homestead exemption. In addition, <br />Trustor expressly waives and relinquishes any and all rights, remedies and defenses that Trustor may have or be able <br />to assert by reason of any Applicable Law pertaining to the rights, remedies and defenses of sureties. The rights, <br />benefits and defenses hereby waived in this Section include any and all rights, benefits and defenses which might <br />otherwise be available to Trustor under the provisions of any Applicable Law similar to the foregoing or that might <br />otherwise operate to limit the liability of Trustor under, or the enforcement of, this Deed of Trust, the other Loan <br />Documents, or the Secured Obligations. <br />5.7 Marshaling. Neither Lender nor Trustee shall be required to marshal any present or future collateral <br />security (including the Trust Estate) for, or other assurances of payment of, the Secured Obligations or to resort to <br />such collateral security or other assurances of payment in any particular order, and all of its rights and remedies <br />hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in <br />addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, Trustor <br />agrees that it will not invoke any law relating to the marshaling of collateral which might cause a delay in or impede <br />the enforcement of Lender's or Trustee's rights and remedies under this Deed of Trust or under any of the other <br />Loan Documents, and, to the extent that it lawfully may, Trustor irrevocably waives the benefits of all such laws. <br />5.8 Multiple Security. If (a) the Trust Estate consists of one or more parcels, whether or not contiguous <br />and whether or not located in the same county, and/or (b) if, in addition to this Deed of Trust, Lender now or <br />hereafter holds or is the beneficiary of one or more additional mortgages, liens, deeds of trust or other security for <br />the Secured Obligations upon other property in the state where the Premises are located (whether such property is <br />owned by Trustor or others), Lender may, at its election, commence or consolidate in a single trustee's sale or <br />foreclosure action all of the trustee's sale or foreclosure proceedings against all such collateral securing the Secured <br />Obligations (including the Trust Estate), which action or sale may be brought, consolidated, or conducted in the <br />courts of any county in which any of such collateral is located. Trustor irrevocably waives any objections to the <br />commencement or consolidation of the foreclosure proceedings in a single action and any objections to the laying of <br />venue or based on the grounds of forum non conveniens which it may now or hereafter have. Trustor agrees that if <br />Lender is prosecuting one or more foreclosure or other proceedings against a portion of the Trust Estate or against <br />any other collateral directly or indirectly securing the Secured Obligations, or if Lender obtains a judgment of <br />foreclosure and sale or similar judgment against such collateral (or, in the case of a trustee's sale, shall have met the <br />statutory requirements therefor with respect to such collateral), then, whether or not such proceedings are being <br />maintained or judgments were obtained in or outside the state in which the Premises are located, Lender may <br />commence or continue any trustee's sale or foreclosure proceedings and exercise its other remedies granted in this <br />Deed of Trust against all or any part of the Trust Estate, and Trustor waives any objections to the commencement or <br />continuation of a foreclosure of this Deed of Trust or exercise of any other remedies hereunder based on such other <br />proceedings or judgments, and waives any right to seek to dismiss, stay the execution of, remove, transfer or <br />consolidate either any action under this Deed of Trust or such other proceedings on such basis. It is expressly <br />understood and agreed that to the fullest extent permitted by Applicable Law, Lender may, at its election, cause the <br />sale of all collateral which is the subject of a single trustee's sale or foreclosure action at either a single sale or at <br />multiple sales conducted simultaneously and take such other measures as are appropriate in order to effect the <br />agreement of the parties to dispose of and administer all collateral securing the Secured Obligations (directly or <br />indirectly) in the most economical and least time-consuming manner. <br />12 <br />4824-7747-5567 <br />