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292107049 Section 4.05. Proceeds. Except as otherwise required under applicable law, the proceeds of any sale made, and all sums recovered under this Article IV, together with all other sums held by Trustee or Beneficiary under this Deed of Trust, shall be applied in the following order: FIRST: To all costs and expenses incurred in connection with the exercise of the power of sale, the sale or sales and any judicial proceedings, including, but not limited to, all Trustee's and attorneys' fees and expenses actually incurred; SECOND: To the payment of all sums owing under the Agreement and the Bond; THIRD: To the payment of junior trust deeds, mortgages, or other lienholders; and FOURTH: The remainder, if any, to the person or persons legally entitled thereto. Section 4.06. Power To Purchase. Trustee, Beneficiary or its designee may purchase at any sale or sales made under or by virtue of this Article IV. No recovery of any judgment by Beneficiary and no levy of any execution under any judgment upon the Property or upon any other property of Borrower shall affect, in any manner or to any extent, the lien of this Deed of Trust upon the Property, or any part thereof, or any liens, rights, powers or remedies of Trustee or Beneficiary hereunder, but such liens, rights, powers and remedies of Trustee and Beneficiary shall continue unimpaired as before. Section 4.07. Possession. Notwithstanding the appointment of any receiver, liquidator or trustee of Borrower, or of any of its property, or of the Property or any part thereof, Trustee and Beneficiary shall be entitled to retain possession and control of all Property now or hereafter held under this Deed of Trust. Section 4.08. Other Remedies. Beneficiary may elect to exercise any other remedies at law or in equity. Section 4.09. Beneficiary's Other Powers. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as security for the full amount of all unpaid obligations, Beneficiary may, from time to time and without notice (a) release any person so liable, (b) extend the maturity or alter any of the terms of any such obligations, (c) grant other indulgences, (d) release or reconvey, or cause to be released or reconveyed, at any time at Beneficiary's option any portion or all of the Property, and (e) make compromises or other arrangements with debtors in relation thereto. Section 4.10. Remedies Not Exclusive. No remedy or right in this Deed of Trust is intended to be exclusive of any other remedy herein or by law provided, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. No delay or omission of Trustee or Beneficiary in exercising any right or remedy contained in this Deed of Trust shall be construed to be a waiver of any Event of Default or any acquiescence therein; and every right and remedy given by this Deed of Trust to Trustee or Beneficiary may be exercised from time to time as often as may be deemed expedient by Trustee or Beneficiary. If there exists additional security for the performance of the obligations secured hereby, Beneficiary, at its sole option, and without limiting or affecting any of the rights or remedies hereunder, may exercise any of the rights and remedies to which it may be entitled hereunder, either concurrently with whatever rights it may have in connection with such other security or in such order as it may determine. Nothing in this Deed of Trust shall affect the obligation of Borrower to pay the amounts due or to become due under the Agreement and the Bond in the manner and at the time and place therein expressed. 10