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<br />4.2 Proceeds of Sale. The proceeds of any foreclosure sale of the Premises, or any part
<br />thereof, will be distributed and applied in accordance with the terms and conditions of the Credit
<br />Agreement (subject to any applicable provisions of applicable law).
<br />4.3 Trustee's Fees. If a foreclosure proceeding is commenced by the Trustee but terminated
<br />prior to its completion, the Trustee shall be entitled to a reasonable fee in accordance with applicable law.
<br />ARTICLE V
<br />Additional Rights and Remedies of the Agent
<br />5.1 Rights Upon an Event of Default. Upon the occurrence and during the continuance of an
<br />Event of Default, the Agent, immediately and without additional notice and without liability therefor to
<br />the Grantor, except for gross negligence, willful misconduct or unlawful conduct, may do or cause to be
<br />done any or all of the following to the extent permitted by applicable law: (a) exercise its right to collect
<br />the Rents and Profits; (b) enter into contracts for the completion, repair and maintenance of the
<br />Improvements thereon; (c) expend Loan funds and any rents, income and profits derived from the
<br />Premises for the payment of any taxes, insurance premiums, assessments and charges for completion,
<br />repair and maintenance of the Improvements, preservation of the lien of this Deed of Trust and
<br />satisfaction and fulfillment of any liabilities or obligations of the Grantor arising out of or in any way
<br />connected with the Premises whether or not such liabilities and obligations in any way affect, or may
<br />affect, the lien of this Deed of Trust; (d) take such steps to protect and enforce the specific performance of
<br />any covenant, condition or agreement in the Notes, this Deed of Trust, the Credit Agreement or the other
<br />Loan Documents, or to aid the execution of any power herein granted; and (e) generally, supervise,
<br />manage, and contract with reference to the Premises as if the Agent were the equitable owner of the
<br />Premises. Notwithstanding the occurrence of an Event of Default or acceleration of any Loan, the Agent
<br />shall continue to have the right to pay money, whether or not Loan funds, for the purposes described in
<br />Sections 2.2, 2.6 and 2.8 hereof, and all such sums and interest thereon shall be secured hereby. The
<br />Grantor also agrees that any of the foregoing rights and remedies of the Agent may be exercised at any
<br />time during the continuance of an Event of Default independently of the exercise of any other such rights
<br />and remedies, and the Agent may continue to exercise any or all such rights and remedies until the
<br />Event(s) of Default are cured, until foreclosure and the conveyance of the Premises to the high bidder or
<br />until the Credit Agreement is no longer in effect or the Indebtedness is otherwise satisfied or paid in full,
<br />whichever occurs first.
<br />5.2 Appointment of Receiver. Upon the occurrence and during the continuance of an Event
<br />of Default, the Agent shall be entitled, without additional notice and without regard to the adequacy of
<br />any security for the Indebtedness secured hereby, whether the same shall then be occupied as a homestead
<br />or not, or the solvency of any party bound for its payment, to make application for the appointment of a
<br />receiver to take possession of and to operate the Premises, and to collect the rents, issues, profits, and
<br />income thereof, all expenses of which shall be added to the Indebtedness and secured hereby. The
<br />receiver shall have all the rights and powers provided for under the laws of the state in which the
<br />Premises are located, including without limitation, the power to execute leases, and the power to collect
<br />the rents, sales proceeds, issues, profits and proceeds of the Premises during the pendency of such
<br />foreclosure suit, as well as during any further times when the Grantor, its successors or assigns, except for
<br />the intervention of such receiver, would be entitled to collect such rents, sales proceeds, issues, proceeds
<br />and profits, and all other powers which may be necessary or are usual in such cases for the protection,
<br />possession, control, management and operation of the Premises during the whole of said period. All costs
<br />and expenses (including receiver's fees, reasonable attorneys' fees and costs incurred in connection with
<br />the appointment of a receiver) shall be secured by this Deed of Trust. Notwithstanding the appointment
<br />of any receiver, trustee or other custodian, the Agent shall be entitled to retain possession and control of
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