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� 99-la3si2 -14- expressly stated in this Leasehold Deed of Trust or in such other Mortgage Instruments, all the property conveyed or encumbered by the Mortgage Instruments is security for the Obligations secured by the Mortgage Instruments without allocation of any one or more of the parcels or properties serving as security under the Mortgage Instruments to any part of the Obligations. The Beneficiary may act at the same time or at different times to pursue a remedy or remedies under the Mortgage Instruments or under any of them by proceedings appropriate to the state in which the property serving as security lies, and no such action shall stay or bar enforcement, or be construed as a waiver of, any remedy of Beneficiary under any other instrument in the same state or jurisdiction or in any other state or jurisdiction. 3.9. Rights Cumulative. Each right, power and remedy conferred upon Beneficiary by this Leasehold Deed of Trust, the Credit Agreement and by all other documents evidencing or securing the Obligations and conferred by law or in equity is cumulative and in addition to every other right, power and remedy herein or therein set forth or otherwise so existing, may be exercised from time to time, as often, and in such order, as may be deemed expedient by Beneficiary, and the exercise or the beginning of the exercise of one right, power or remedy shall not be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy, and no delay or omission of, or discontinuance by, Beneficiary in the exercise of any right, power or remedy accruing hereunder or arising otherwise shall impair any such right, power or remedy, or be construed to be a waiver of any default or acquiescence therein. To constitute a waiver, there must be a writing signed by an officer of Beneficiary and directed to Grantor, specifying the waiver. In case Beneficiary shall have proceeded to enforce any right or remedy under this Leasehold Deed of Trust or the Credit Agreement by foreclosure, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to Beneficiary, then and in every such case Grantor and Beneficiary shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Beneficiary shall continue as if no such proceeding had been taken. In the event of a breach or default under this Leasehold Deed of Trust or under the Credit Agreement or any other document evidencing or securing the Obligations, Grantor agrees to pay and to indemnify and hold harmless Beneficiary and the Banks for all reasonable expenses, attorneys' fees, taxes and other court costs occasioned by such breach or default. BUSDOCS:723319.2