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<br />employed by Trustee or Lender for their services and expenses (to the extent allowed by applicable law);
<br />second, to Lender, upon the usual vouchers therefor, all monies paid for insurance, taxes, lien claims, and
<br />any other costs and expenses advanced or incurred by Lender to preserve or protect the Premises, and
<br />interest on any of the foregoing to the extent permitted herein and allowed under applicable law; third, to
<br />Lender, the amount of the outstanding Liabilities together with the interest thereon; fourth, the amount due
<br />on junior encumbrances, if any, with interest; fifth, the remainder of such proceeds, if any, shall be paid to
<br />Grantor.
<br />20. Substitute Trustee. From time to time, Lender, in Lender's sole discretion, may elect to replace
<br />Trustee, or any substitute trustee, with another Person who shall then become the trustee hereunder with all
<br />of the rights and duties of Trustee. Such replacement may be made by Lender without giving notice to or
<br />obtaining the consent of Grantor or any other Person; and may be effectuated by a written declaration of
<br />the appointment of a new trustee signed by Lender, or as otherwise permitted by law.
<br />21. Creation of Tenancy Relationship. Grantor reserves possession of the Premises as a tenant at will of
<br />Trustee, at a rental of One Dollar ($1.00) per month payable on demand, until any default or event of
<br />default hereunder or under any Related Agreement shall have occurred, whereupon Grantor (i) shall pay
<br />monthly in advance to Lender the fair and reasonable rental value, which amount shall be determined by
<br />Lender in Lender's reasonable judgment, for the use and occupation of the Premises, and (ii) upon demand
<br />of Trustee, shall deliver possession of the Premises to Trustee or the purchaser at any Trustee's sale
<br />hereunder. Trustee or any such purchaser may institute summary or other proceedings in such event to
<br />recover possession of the Premises.
<br />22. Possession of Premises. To the extent permitted by applicable law, after the occurrence of any default
<br />or event of default hereunder or under any Related Agreement, Lender and Lender's agents, designees or
<br />assigns are authorized to (i) take possession of the Premises, with or without legal action; (ii) lease the
<br />Premises; (iii) collect all rents, issues and profits therefrom, with or without taking possession of the
<br />Premises; and (iv) after deducting all costs of collection and administration expenses, apply the net rents,
<br />issues and profits to the payment of Impositions, insurance premiums and all other carrying charges
<br />(including, but not limited to, agents' compensation and fees and costs of counsel and receivers) and to the
<br />maintenance, repair or restoration of the Premises, or on account and in reduction of the Liabilities, in such
<br />order and amounts as Lender, in Lender's sole discretion, may elect. Lender shall be liable to account only
<br />for rents, issues and profits actually received by it.
<br />23. Expenses of Lender and Trustee. To the extent permitted by applicable law, all costs and expenses
<br />paid or incurred by Lender and/or Trustee, including, without limitation, attorneys' fees, in any action,
<br />proceeding or dispute of any kind in which Lender and/or Trustee is made a party or appears as a plaintiff
<br />or defendant, affecting Lender, Trustee, this Deed of Trust, the other Related Documents and/or the
<br />Premises, including, but not limited to, the enforcement of this Deed of Trust, any condemnation action
<br />involving the Premises, any action to protect the security hereof, or any case or proceeding under Title 11
<br />of the United States Code, shall be added to and included in the Liabilities and shall be secured by this
<br />Deed of Trust and, upon demand, shall be immediately due from Grantor.
<br />24. Recording and Other Fees. Further Assurances. Grantor shall pay all recording and filing fees, all
<br />recording taxes and all other costs and expenses in connection with the preparation, execution and
<br />recordation and other manner of perfection of this Deed of Trust and any other Related Documents, and
<br />shall reimburse Lender on demand for all costs and expenses of any kind incurred by or on behalf of
<br />Lender in connection therewith. Grantor agrees to execute and deliver promptly such instruments and other
<br />documents, and promptly to take such action or promptly refrain from taking such action, as Lender may
<br />request, from time to time, to evidence, create, perfect, continue or otherwise assure Lender of the real and
<br />personal property security interests granted, or purported to be granted, to or for the benefit of Lender
<br />hereunder and all other rights and benefits granted, or purported to be granted, to or for the benefit of
<br />Lender hereunder; all at the sole cost and expense of Grantor.
<br />25. Pledge. If the Grantor is not the Borrower, then the Grantor agrees that:
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