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20220775r3
<br />1. If any moneys become available from any source other than the Premises that the Lender can apply to
<br />the Liabilities, the Lender may apply them in any manner it chooses, including but not limited to
<br />applying them against obligations, indebtedness or liabilities which are not secured by this Deed of
<br />Trust.
<br />2. The Lender may take any action against the Borrower, the Premises or any other collateral for the
<br />Liabilities, or any other person or entity liable for any of the Liabilities.
<br />3. The Lender may release the Borrower or anyone else from the Liabilities, either in whole or in part, or
<br />release the Premises in whole or in part or any other collateral for the Liabilities, and need not perfect a
<br />security interest in the Premises or any other collateral for the Liabilities.
<br />4. The Lender does not have to exercise any rights that it has against the Borrower or anyone else, or
<br />make any effort to realize on the Premises or any other collateral for the Liabilities, or exercise any
<br />right of setoff.
<br />5. Without notice or demand and without affecting the Grantor's obligations hereunder, from time to
<br />time, the Lender is authorized to: (a) renew, modify, increase, compromise, rearrange, restate,
<br />consolidate, extend, accelerate or otherwise change the time for payment of, or otherwise change the
<br />terms of the Liabilities or any part thereof, including increasing or decreasing the rate of interest
<br />thereon; (b) release, substitute or add any one or more sureties, endorsers, or guarantors; (c) take and
<br />hold other collateral for the payment of the Liabilities, and enforce, exchange, substitute, subordinate,
<br />impair, waive or release any such collateral; (d) proceed against the Premises or any other collateral
<br />for the Liabilities and direct the order or manner of sale as the Lender in its discretion may determine;
<br />and (e) apply any and all payments received by the Lender in connection with the Liabilities, or
<br />recoveries from the Premises or any other collateral for the Liabilities, in such order or manner as the
<br />Lender in its discretion may determine.
<br />6. The Grantor's obligations hereunder shall not be released, diminished or affected by (a) any act or
<br />omission of the Lender, (b) the voluntary or involuntary liquidation, sale or other disposition of all or
<br />substantially all of the assets of the Borrower, or any receivership, insolvency, bankruptcy,
<br />reorganization, or other similar proceedings affecting the Borrower or any of its assets or any other
<br />obligor on the Liabilities or that obligor's assets, (c) any change in the composition or structure of the
<br />Borrower or any other obligor on the Liabilities, including a merger or consolidation with any other
<br />person or entity, or (d) any payments made upon the Liabilities.
<br />7. The Grantor expressly consents to any impairment of any other collateral for the Liabilities, including,
<br />but not limited to, failure to perfect a security interest and release of any other collateral for the
<br />Liabilities and any such impairment or release shall not affect the Grantor's obligations hereunder.
<br />8. The Grantor waives and agrees not to enforce any rights of subrogation, contribution, reimbursement,
<br />exoneration or indemnification that it may have against the Borrower, any person or entity liable on
<br />the Liabilities, or the Premises, until the Borrower and the Grantor have fully performed all their
<br />obligations to the Lender, even if those obligations are not covered by this Deed of Trust.
<br />9. The Grantor waives (a) to the extent not prohibited by applicable law, all rights and benefits under any
<br />laws or statutes regarding sureties, as may be amended, (b) any right the Grantor may have to receive
<br />notice of the following matters before the Lender enforces any of its rights: (i) the Lender's acceptance
<br />of this Deed of Trust, (ii) incurrence or acquisition or material alteration of any Liabilities, any credit
<br />that the Lender extends to the Borrower, (iii) the Borrower's default, (iv) any demand, diligence,
<br />presentment, dishonor and protest, (v) any action that the Lender takes regarding the Borrower, anyone
<br />else, any other collateral for the Liabilities, or any of the Liabilities, which it might be entitled to by
<br />law or under any other agreement, or (vi) any adverse facts that would affect the Grantor's risk, (c) any
<br />right it may have to require the Lender to proceed against the Borrower, any guarantor or other obligor
<br />of the Liabilities, the Premises or any other collateral for the Liabilities, or pursue any remedy in the
<br />Lender's power to pursue, (d) any defense based on any claim that the Grantor's obligations exceed or
<br />are more burdensome than those of the Borrower, (e) the benefit of any statute of limitations affecting
<br />the Grantor's obligations hereunder or the enforcement hereof, (f) any defense arising by reason of any
<br />disability or other defense of the Borrower or by reason of the cessation from any cause whatsoever
<br />(other than payment in full) of the obligation of the Borrower for the Liabilities, (g) any defense based
<br />on or arising out of any defense that the Borrower may have to the payment or performance of the
<br />Liabilities or any portion thereof and (h) any defense based on or arising out of the Lender's negligent
<br />administration of the Liabilities. The Lender may waive or delay enforcing any of its rights without
<br />losing them. Any waiver affects only the specific terms and time period stated in the waiver.
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