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20001/10 same or any other Event of Default, declaring all such sums due and payable or to foreclose hereupon. 3.06 Waiver by Trustor. Trustor hereby expressly waives any right which it may have to direct the order in which any of the Property shall be sold in the event of any sale or sales pursuant hereto. 3.07 Application of Sales Proceeds. Unless otherwise provided by law, the purchase money, proceeds or avails of any sale made under or by virtue of this Article III, together with all other sums which then may be held by Trustee or Beneficiary under this Deed of Trust, whether under the provisions of this Article III, or otherwise, shall, after payment of the costs and expenses of the proceedings, including any sale pursuant to Section 3.04, resulting in the collection of such moneys and of the expenses, liabilities and advances incurred or made by Trustee, be applied as provided in the Credit Agreement. 3.08 No Remedy Exclusive and No Waiver. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy provided in this Deed of Trust, the Credit Agreement or by law, 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 to exercise any right or power accruing upon any Event of Default shall impair any right or power or shall be construed to be a waiver of any Event of Default or any acquiescence therein; and every power 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. Beneficiary, by accepting payment of any sum secured hereby after its due date, or by making any payment or taking any action which, under the provisions hereof, Beneficiary is entitled but not obligated to make or take, does not waive its right to require prompt payment when due from Trustor or to declare a default for Trustor's failure to pay or fulfill its obligations under this Deed of Trust. If there exists additional security for the performance of the obligations secured hereby, the 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. 3.09 Surrender of Premises. (a) Upon the occurrence of any Event of Default and pending the exercise by Trustee or Beneficiary or their agents or attorneys of their right to exclude Trustor from all or any part of the Premises, Trustor agrees to vacate and surrender possession of the Premises to Trustee or Beneficiary, as the case may be, or to a receiver, if any, and in default thereof may be evicted by any summary action or proceeding for the recovery of possession of premises for nonpayment of rent, however designated. 11