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2 C d 01 0 9/ E U
<br />3 DEED OF � r- 5 i r oyc o
<br />(Continued)
<br />h046W of another ilen, or the use Of funds or the dwelling for prohibited purposes.
<br />14. GRANTOR S RIGHT TO CURE. Upon the occurrence of any Event of Default (other than fraud or material rrdxreolresantahon) and prior to
<br />exercising any of the ngnts and remedies provided in this Deed of Trust or by law. Lender ~hall give notice as provided in the Deed of Trust and
<br />required by applicable taw.
<br />20. IGHTS AND REMEDICS ON DEFAULT. Upon the occu rence Of any event oS Default and at any time ihereafier, Trustee Cx Lender, at its option,
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<br />may exercises any one or more of the fo:!Owing rights and remedies, in addition to any other rights or remedies provided by taw:
<br />Acceleration upon Default; Additional Remedles. If any event of default occurs which is not cured within fifteen (15) days after notice, Lender
<br />may declare all Indebtedne}s secured by this Deed of Trust to be due and payable and the same shall thereupon CeCOMe due and payable
<br />without any presentment, demand, protest or notice of any kind. Thereafter, Lander may:
<br />(a) Either in person or by apent, with or without bringing any action or proceeding, or by a receiver appointed by a court an4 withcV.. regard
<br />to the adequacy of its security, enter upon and take possession of the Property, cfr any part thereof, in its own name ;,in in the nan,v. of
<br />Trustee, and do any acts which it deems necessary or desirable to preserve th? value. marketability or rentability of the Property. or par. of
<br />the ?roper. ' or interest in the property; increase the income from the Property tX protect the Security 0! the Property: and. with ry wi:hou;
<br />taking possession of the PropertY, sue for or otherwise cot'iect the rents, issues and profits of the Property, including those pant due and
<br />unpaid, and apply the same, wss costs and expenses of operation and collection, including a "cxneys' tees, 10 any indebtedness secured by
<br />thra Deed of Trust, 0 in such order as Lender may determine. The entering upon and ta!!,ng pcssession of the property, the colkx:ticn of
<br />suet. rents, issues and prC`y, and the application thereof ,hail not Cure or waive any default or notice of default under this Deed Of Trust Or
<br />invaiidete any act done in response to such default or pursuant to such notice of default; and, notwithstanding the continuance in possession
<br />of the Prna¢ tY o' the colkadtion, receipt and application of rents, issues or profits, Trustee or Lender shall be en!itMd to exercise eves ear;
<br />provided for tri the Credit Agreernenl Or the Relnled Documents or by taw upon the occurrence of any event of default, including the right to
<br />exwcr • the power of sale;
<br />(b) C 'rneri a an aCitWrt 10 foreclose this Deed 0i Trust as = rl-�unpage, aZiOOint a receiver or spe^_Ifir lly enforce any .7f the Cpvghan's .
<br />hereof; and
<br />(c) Deliver to Trustee a winen declaration of default and demand for sate and a wri'ten notice of default and election to Cause Granto's
<br />interest In the property to be sold, which notice T rustee, shall cause to be duty Bled for record In the app,opnale offices of the County in wh cn
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<br />he property f5 looted.
<br />Foreclosure by Power of Sale, If Lender elect; to'.Oreclve by exercise of the pOwtr of Sale herein containec., 1_9nder shall notftTruslea ant
<br />s"ll dep�,lt with Trustee this Deed of Trust and the Credit Agreemenl and such rKeipls and pooende ol expenditures marls and secured by fn's
<br />Citwd bf -ru,! p_: Truf.i e may reoulre.
<br />(a) Upon re^e!pl of such notice from Lender, i rustee shall cause to be recorded, pubLSheC an. de!ivrired to Grantor such Nd11Ce of ;lets ".
<br />and Notice Of $gle as then reculreu by law and by Ihis Deed of Trust. Trustee shall, without demand Or, Grantor, efle, such time aS maY the"
<br />be reculted by la's' ant Otte, recorcallon of such Notice of Defaul! and after Noll Oe of Sale naving been given as required by lew, Set! the
<br />Prope"ty at the time and peace of sale fixed by It in such Notice of S.aie, either as a whole, or in scparale lots Or pilli or items as Trustee
<br />shat) deem expedient. and In such order as it may determine. at public auction to the nigher' bldoer for cash in lawful money of the Ur+rtec
<br />Stales payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient steed or Deecs
<br />conveying the property so solC,,bui without any covenant or warranty, express or implied. The recitals in such deed of any matters or tav!
<br />shall be conclusive Dronf of the truthfulness lhereo!. Any person, Including without 6mitalion Grantor, Trustee, or Lender, may purchase c'
<br />such sate.
<br />(b) As may be permdted by taw, after deducting ate costs, fees and expenses of Trustee and of tuts Trust, including post~ Of evidence of title
<br />in ConnectiOn with sate, ir;:sfee shall apply the proceeds of sale to payment of (I) all sums e=ellded under the terms Ct this Deed Of Trust nr
<br />under the terms of the Credit Agreement not then repatd, Ir•cluding but not limited to accrued lnleres; and tale charges, (ii) all other sums
<br />then secured hereby, and (iii) the remainder, if any, 10 the person or persons legally entitled hereto.
<br />(c) Trustee may In the snaring, provided by law pnslpone sale of all o, any portion of the property.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shalt be entitled to enforce payment and performance of any indebtedness Of
<br />obligations secured by this DAed of Trust and to exercise all rights and powers under this Deed of Trust, under the Credit Agreement, under any Of
<br />the Related Documents, or urge' any other agreement or any laws now or hereafter in force; nctwitnstandlng, some or Sit of such indebtedness
<br />and obliga'!ons secured by tnr, Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, dead Of trust, pledge, lens
<br />aSfigrrm,enf or ;therwjne, Noshhe, the 9=eptanCe of this Deed of Trust nor its enforcement, whethe' by Court action or pursuant to the power o'
<br />Dale 6" other containec In !lift Deed of Trust, Shall prejudice or In any manner affect Trus!er'S or Lende's right to rhaliZa Wpdn Or On'C.'ce
<br />any o'.her SrKu"+ty now of tureaher held by Trustee of Lender, it being agreed trial Trustee and Lender, and each of them, Shall tx► entitled to
<br />enedrc,e this veoo of Trust ar-b anY other bounty now dr hareaftar held by :ender or Trustee m such odor end malnnee aS they rr pitiW of 1h*-
<br />may in their absolute discretion determine. No remedy . conferred upon or reserved to Trustee or Lender, is intended to be exclusive Of any oche-
<br />romody in this Dyed of Trust of by law provided or pr rmltted, but each shall be cumulative and shall be In addition to every other remedy given in
<br />this, Croat of irus! or now or hereafter existing lit ;uw or in 'luity or by statute, Every power or rerrledy given by the Credit Agreement or any of
<br />the Roia!ed DrxUments to Tru,ioo or Ler•oer ex to which either of them may be otherwise untitled, may be exercised. COncurrontty or
<br />ndspcnden :ly, from time to tlrw ariC as onen as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistOw
<br />femOditY. Nothing In In!- Deed pI Trust shall be construed as prohibiting Londe, from seeking a WeflcfAncy judgmNnt against the Grantor to the
<br />exlerl! such avtoon * permilted by law.
<br />Request For Notice. Grantor, on behalf of Grantor and Lender, hereby requests that a copy of any Notice of Default and it copy of any Notice of
<br />salt} u,,Oer !hi; Deed of Trust be mailed to thorn at the addresses set forth in the first paragraph of this Deed of Trust.
<br />WbIver; EleCtton of Remedles. A watvvf by any part' of a breach of a provision of this Deed of Trust Shalt no! constitute a waiver of or prejudice
<br />th3 part /s ngli',s o!horwis* to demand strict compt,r,nce with that provision or any otter provision, Election by Lender to pursue any renwdv
<br />provided in IN:, Deed of 1rust, the CGed�t Agra! rrlent, !n any Related Document, of provided by iaw Shall no! exclude pursuit of any other rome4y.
<br />and are olra:llon to make exp snditurfi, or to take action to perform an obligation of Grantor under this Doed of Trust Offer failure of Grantor to
<br />perform shall not affect Lender's right to driclare a default and to exermw any of ils iemedles,
<br />Attorneys' nets; Expenses, It Lender in;tleuec, any suit or action to entorco any of the terms of this Deed of Trust. Lender shall be entitled to
<br />rocO'Ifx S!Y.n !:um its the court may adjudge fmfionablo as adorr", Iecrb at trial grid on any appeal. Whethbr or not any Court action is Involv(+d,
<br />all rear,DrulbA expenses Incurred by Lender which In Lender's opinion are necessary at any time for the protection of its inleyrst or the
<br />entorCOrnon! of, its nghtn Shab beC�,rrw t+ purl of the Indt�blodnersS paygtiie on rsommild and shalt borer inlerfrsl at it* Credit Agroompnt rain ham ttw
<br />dole of 0r,Cr0nr11!ufe ur.fil rn „B d E.rJrrn.rr cov rrfid by ihtl pa!eQraph inC:ludp. without (imitation, however subtedt In any limits under arplicsblo
<br />Inw. Lsnelcr'r, n'1cNsiny;' iC�” of MI ji,we i. a 1 ;1W,uj!. Iflrrhuding oflcr'nP}.' It -es inr t,;jni'uDicy h'ocrmrdin(ts (�rvcluoing 0c)4ts to
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