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<br /> DEED OF TRUST 9 � �t_�3999 Page 5
<br /> (Continued) 9
<br /> holder of another lien, or the use of funds or the dwelling for prohibited purposes.
<br /> 19. GRANTOR'S RIGHT TO CURE. Upon the oCCUrrence of any Event of Default (other than traud or material misrepresentation) and pnor to
<br /> axercising any of ihe rights and remedies provided in this Deetl of Trust or by law, Lender shall give notice as provided in the Deed of Trust and as
<br /> required by applicable law.
<br /> 20. RIGHTS AND REMEDIES ON DEFAI�T. Upon the occurrence of any Event of Default and at any time thereafter,Trustee or Lender,at its oprion,
<br /> may exercise any one o�more of the foilowing rights and remedies,in addition to any other rights or remedies provided by law:
<br /> Acceleration upon Detault; Addittonal Remedies. If any event of default occurs which is not cured within fifteen (15)days atter nobce,Lender
<br /> may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shali thereupon become due and payable
<br /> without any presentment,demand,protest or notice of any kind. Thereatter,Lender may:
<br /> (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard
<br /> to the adequacy of its secunty, enter upon and take possession of the Property, or any part thereof, in its own name or in the name of
<br /> Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Property, or part of
<br /> the Property or interest in the Property; increase the income from the Properfy or proteCt the SeCUnty of the Property; and, with or without
<br /> taking possession of the Property, sue for or otherwise collect the rents, issues and profits of the Property, inciuding those past due anc�
<br /> unpaid, and apply the same, less costs and expenses of operation and collection, including attorneys'fees, to any indebtedness secured by
<br /> this Deed of Trust, all in such order as �ender may determine. The entenng upon and taking possession ot the Property, the collection af
<br /> such rents, issues and profits, and the application thereof shall not cure or waive any default or notice ot defautt under this Deed of Trust or
<br /> invalidate any act done in response to such default or pursuant to suCh notice of detault;and, notwithstanding the continuance in possession
<br /> of the Property or the collection, receipt and application of rents, issues or profits,Trustee or Lender shall be entitled to exercise every right
<br /> provided for in the Credit Agreement or the Related Documents or by�aw upon the occurrence of any event of default, including the right t�
<br /> exercise the power of sale;
<br /> (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the covenants
<br /> hereof;and
<br /> (c) Deliver to Trustee a wntten declaration of default and demand for sale and a written notice of detault and election to cause Grantor's
<br /> interest in the Property to be sold,which notice Trustee shall cause to be duly filed for record in the appropriate offices of the County in which
<br /> the Property is loc�ted.
<br /> Foreclosure by Power of Sale. It Lender elects to foreclese by exercise of the Power of Sale herein contained, Lender shall notify Trustee and
<br /> shall deposit with Trustee this Deed of Trust and the Credit Agreement and such receipts and evidence of expenditures made and secured by this
<br /> Deed of Trust as Trustee may reqwre.
<br /> (a) Upon receipt ot such notice from Lender,Trustee shall cause to be recorded, published and delivered to Grantor such Notice of Default
<br /> and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall,without demand on Grantor,aRer such time as may then
<br /> be required by law and after recordation ot such Notice of Default and after Notice of Sale having been given as required by law, sell the
<br /> Property at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee
<br /> shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United
<br /> States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and suffic�ent deed or deeds
<br /> conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts
<br /> shall be Conclusive proof of the truthfulness thereof. Any person, including withoui limitation Grantor, Trustee, or Lender, may purchase at
<br /> such sale.
<br /> {b) As may be permitted by law,after deducting all costs,fees and expenses of Trustee and of this Trust, including costs of evidence of tide
<br /> in connection with sale,Trustee shall apply the proceeds of sale to payment of (i)all sums expended under the terms of this Deed of Trust or
<br /> under the terms of the Credit Agreement not then repaid, including but not limited to accrued interest and late charges, (ii)all other sums
<br /> then secured hereby,and (iii)the remainder,if any,to the person or persons legally entitled thereto.
<br /> (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br /> Remedles Not Exclustve. Trustee and Lender,and each of them, shall be entitled to enforce payment and performance of any indebtedness or
<br /> obligations secured by this Deed 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 under any oiher agreement or any laws now or hereafter in force; notwithstanding, some or all of such indebtedness
<br /> and obligations secured by this Deed of Trust may now or hereafter be otherw�se secured, whether by mortgage, deed of trust, pledge, lien,
<br /> assignment or otherwise. Neither the acceptance of th�s Deed of Trust nor its enforcement, whether by court aCtion or pursuant to the power of
<br /> sale or other powers contained in this Deed of Trust,shall prejudice or in any manner affect Trustee's or Lenders right to realize upon or enforce
<br /> any other security now or hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to
<br /> enforce this Deed of Trust and any other secunty now or hereafter held by Lender or Trustee in such order and manner as they or either of them
<br /> may in their absolute discretion determine. No remedy conferced upon or reserved to Trustee or Lender,is intended to be sxclusive of any other
<br /> remedy in this Deed of Trust or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in
<br /> this Deed of Trust or now or heraaffer existing at law or in equity or by statute. Every power or remedy given by the Credit Agreement or any of
<br /> the Related Documents to Trus2ee or Lender or to which either of them may be otherw�se entitled, may be exercised, concurrantly or
<br /> independently, from time to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent
<br /> remedies. Nothing in this Deed Of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Grantor to the
<br /> extent such action is permitted by law.
<br /> Request For Notfce. Grantor, on behalf of Grantor and Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice ot
<br /> Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br /> Waiver; Election ot Remedies. A waiver by any party of a breach of a provision of this Deed of Trust sh211 not Constitute a waiver of or prejudice
<br /> the party's nghts otherwise to demand strict compliance with that provis�on or any other provision. Election by Lender to pursue any remedy
<br /> provided in this Deed of Trust, the Credit Agreement,in any Related Document,or provided by law shall not exclude pursuit of any other remedy,
<br /> and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust atter failure of Grantor to
<br /> perform shall not affect Lender's right to declare a default anC to exercise any of its remedies.
<br /> Attomeys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entiried to
<br /> recover such sum as ihe court may edjudge reasonable as attorneys'fees at trial and on any appeal. Whether or not any court action is involved,
<br /> ell reasonable expenses incurred by Lender which in Lenders opinion are necessary at any time for the protection of its interest or the
<br /> enforcement of its nghts shalt become a part of the Indebtedness payable on demand and shall bear inferest at the Credit Agreement rate from the
<br /> date ot expenditure untll repaid. Expenses covered by thls paragrach include, without limitation, however subject to any lim�ts under apohcab�e
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