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<br />upon and take possession of the Trust Estate, either in its own name or in the name of Trustee, and do any
<br />acts that it deems necessary or desirable to preserve the value, marketability or rentability of, to increase the
<br />income from, or to protect the security of this Deed of Trust with respect to, the Trust Estate and, with or
<br />without taking possession of the Trust Estate, sue for or otherwise collect the Rents, including those past due
<br />and unpaid, and apply the same, less costs and expenses of operation and collection (including reasonable
<br />attorneys' fees) to the Secured Obligations, all in such order as Lender may determine. The entering upon
<br />and taking possession of the Trust Estate, the collection of such Rents and the application thereof shall not
<br />cure or waive any default or notice of default or invalidate any act done in response to such default or
<br />pursuant to such notice of default. Notwithstanding the continuance in possession of the Trust Estate or the
<br />collection, receipt and application of Rents, Lender and Trustee shall be entitled to exercise every right and
<br />remedy provided for in any of the Loan Documents or by law upon occurrence of any Event of Default.
<br />(c) Foreclosure. Commence an action to foreclose the Lien of this Deed of Trust as a mortgage in
<br />a single parcel or in several parcels, appoint a receiver, or specifically enforce any of the covenants of this
<br />Deed of Trust.
<br />(d) Exercise of Power of Sale. Exercise the power of sale contained in this Deed of Trust and
<br />deliver to Trustee a written statement of breach, notice of default and election to cause Trustor's interest in
<br />the Trust Estate to be sold, all in accordance with Applicable Law.
<br />(i) If Lender elects to exercise the power of sale contained in this Deed of Trust, Lender
<br />shall notify Trustee in writing and shall deposit with Trustee copies of this Deed of Trust and the Note
<br />and such receipts and evidence of expenditures made and secured hereby as Trustee may require.
<br />(ii) Upon receipt of such notice from Lender and at the direction of Lender, Trustee shall
<br />cause to be recorded, published or delivered such notices of default and notices of sale as may then be
<br />required by law or this Deed of Trust. Trustee shall, only at the direction of Lender and without
<br />demand on Trustor, after such time as may then be required by law and after recordation of such
<br />notice of default and after notice of sale having been given as required by law, sell Trustor's interest
<br />in the Trust Estate at the time and place of sale fixed by it in such notice of sale, either as a whole, or
<br />in separate lots or parcels or items as Lender shall deem expedient, and in such order as it may
<br />determine, at public auction to the highest bidder for cash in lawful money of the United States
<br />payable at the time of sale, or as otherwise may then be required by law. Trustee shall deliver to such
<br />purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold,
<br />without any covenant or warranty, express or implied. The recitals in such deed of any matters or
<br />facts shall be conclusive proof of the truthfulness thereof. Any person, including, without limitation,
<br />Trustor, Trustee or Lender, may purchase at such sale and Trustor covenants to warrant and defend
<br />the title of such purchaser or purchasers. Lender shall have the right to credit bid at any such sale.
<br />(iii) Trustee or Lender may sell not only the real property but also the UCC Collateral and
<br />other interests which are a part of the Trust Estate, or any part thereof, as a unit and as a part of a
<br />single sale, or may sell any part of the Trust Estate separately from the remainder of the Trust Estate.
<br />Neither Trustee nor Lender shall be required to take possession of any part of the Trust Estate or to
<br />have any of the UCC Collateral present at any sale of the Trust Estate. Trustee or Lender may appoint
<br />or delegate any one or more persons as agent to perform any act or acts necessary or incident to any
<br />sale held by Trustee or Lender, including the posting of notices and the conduct of sale, but in the
<br />name and on behalf of Lender. If any sale hereunder is not completed or is defective in the opinion of
<br />Trustee or Lender, such sale shall not exhaust the power of sale hereunder, and Trustee or Lender
<br />shall have the right to cause a subsequent sale or sales to be made hereunder.
<br />(iv) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and
<br />of this Deed of Trust, including costs of evidence of title in connection with sale, Trustee or Lender
<br />shall apply the proceeds of sale (A) first, to payment of all costs, fees and expenses, including
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