202 ILG0 5
<br />Property, whether it be superior or junior in lien to this deed of trust; (5) for more than ten days after notice
<br />from Beneficiary, Trustor is in default under any term, covenant or condition of this deed of trust not
<br />separately described as an Event of Default, which can be cured by the payment of a sum of money; or (6)
<br />for 30 days after notice from Trustee or Beneficiary, Trustor is in default under any term, covenant or
<br />condition of this deed of trust not separately described as an Event of Default; provided that if: (A) it is
<br />reasonably certain that the default cannot be cured by Trustor within that 30 day period; and (B) Trustor
<br />has commenced curing that default within that 30 day period and thereafter diligently and expeditiously
<br />proceeds to cure that default, then that 30 day period shall be extended for so long as reasonably required
<br />by Trustor in the exercise of due diligence to cure that default, up to a maximum of 90 days after the notice
<br />to Trustor of the Event of Default.
<br />Remedies. At any time after an Event of Default, Trustee and Beneficiary may invoke any and all of the
<br />rights and remedies described below. All of such rights and remedies are cumulative, and the exercise of
<br />any one or more of them does not constitute an election of remedies.
<br />Acceleration. Trustee or Beneficiary may declare any or all of the Secured Obligations to be due and
<br />payable immediately.
<br />Receiver. Trustee or Beneficiary may, to the extent permitted by applicable law, make an ex parte
<br />application to any court of competent jurisdiction, and obtain appointment of, a receiver, trustee, liquidator
<br />or conservator of the Property, without notice, without giving bond, and without regard for the adequacy of
<br />the security for the Secured Obligations and without regard for the solvency of Trustor, any guarantor of all
<br />or any portion of the Secured Obligations, or of any person liable for the payment of the Secured
<br />Obligations. TRUSTOR HEREBY WAIVES NOTICE OF THE APPLICATION FOR, AND CONSENTS TO
<br />THE APPOINTMENT OF A RECEIVER, TRUSTEE, LIQUIDATOR OR CONSERVATOR OF THE
<br />PROPERTY IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION; AND TRUSTOR AGREES
<br />TO NOT OPPOSE SUCH APPOINTMENT.
<br />Entry. To the extent permitted by applicable law, Trustee or Beneficiary, in person, by agent or by court-
<br />appointed receiver, may enter, take possession of, manage and operate all or any part of the Property, and
<br />may also do any and all other things in connection with those actions that Beneficiary may consider
<br />necessary and appropriate to protect the security of this deed of trust. Such other things may include:
<br />taking and possessing all of Trustor's or the then owner's books and records; entering into, enforcing,
<br />modifying, or canceling leases on such terms and conditions as Trustee or Beneficiary may consider proper;
<br />obtaining and evicting tenants; fixing or modifying rents; collecting and receiving any payment of money
<br />owing to Trustor; completing any unfinished construction; and/or contracting for and making repairs and
<br />alterations. If Trustee or Beneficiary so requests, Trustor will assemble all of the Property that has been
<br />removed from the Land and make all of it available to Trustee or Beneficiary at the site of the
<br />Land. TRUSTOR HEREBY IRREVOCABLY CONSTITUTES AND APPOINTS TRUSTEE AND
<br />BENEFICIARY AS TRUSTOR'S ATTORNEY-IN-FACT TO PERFORM SUCH ACTS AND EXECUTE
<br />SUCH DOCUMENTS AS TRUSTEE OR BENEFICIARY CONSIDERS APPROPRIATE IN CONNECTION
<br />WITH TAKING THESE MEASURES, INCLUDING ENDORSEMENT OF TRUSTOR'S NAME ON ANY
<br />INSTRUMENTS. Regardless of any provision of this deed of trust or the other Loan Documents, neither
<br />Trustee or Beneficiary shall not be considered to have accepted any property other than cash or
<br />immediately available funds in satisfaction of any obligation of Trustor to Beneficiary, unless Trustee or
<br />Beneficiary respectively, has given express written notice of its election of that remedy in accordance with
<br />the UCC.
<br />Cure; Protection of Security. Trustee or Beneficiary may cure any breach or default of Trustor, and if
<br />Beneficiary chooses to do so in connection with any such cure, Trustee or Beneficiary may also enter the
<br />Property and/or do any and all other things which it considers necessary or appropriate to protect the
<br />security of this deed of trust. Such other things may include: (1) appearing in and/or defending any action
<br />or proceeding which purports to affect the security of, or the rights or powers of Trustee or Beneficiary
<br />under, this deed of trust; (2) paying, purchasing, contesting or compromising any encumbrance, charge,
<br />Harrenstein
<br />Deed of Trust, Assignment of Rents, Security Agreement, and Fixture Filing
<br />Loan no. 202190
<br />7
<br />Rev. 03.17.2017
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