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<br /> DEED OF TRUST � Page 5
<br /> (Continued) �' � 4"' �'�'� 1 Q"7 2 7 3
<br /> holder of another iien,or the use of funds or the dweliing for prohibited purposes.
<br /> 19. GRANTOR'S RIGHT TO CURE. Upon the occuRence of any Event of Default (other than fraud or materiai misrepresentafion) and prior to
<br /> exercising any of the rights and remedies provided in this Deed of Trust or by law, Lender shell give notice as provided in the Deed oi Trust and as
<br /> required by applicable law.
<br /> 20. RIGHTS AND REMEDIES ON DEFAtLT. Upon the occurrence of any Event of Default and at any time thereafter,Trustee or Lender,at its option,
<br /> may exercise eny one or more of the following rights and remedies,in addition to any other rights or remedies provided by law:
<br /> Acceleratfon upon Detault; Additional Remedies. If any event of default occurs which is not cured within fifteen (15)days atter notice,lender
<br /> may declare all Indebtedness secured by this Deed of Trust to be due end payable and the same shall thereupon become due and payable
<br /> withou!any presentment,demand,protest or notice of any kind. ThereaNer,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 security, 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 Property or protect the security of the Property; and, with or without
<br /> t8king possession of the Property, sue for or otherwise collect the rents, issues and profits of the Property, including those past due and
<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 Lender may determine. The entering upon and taking possession of the Property,the collection of
<br /> such rents,issues end profits,and the application thereof shall not cure or waive any default w notice of default under this Deed of Trust or
<br /> invalidate any act done in response to such default or pursuant to such notice of default;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 lew upon the occunence of any event ot defauft,includinp the right to
<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 written declaration of default and demand for sale and a written notice of default and election to cause Grantor's
<br /> interest in the Property to be sold,which notice Trustee shall Cause to be duly flled for record in the appropnate ofFices of the Couniy in which
<br /> the Property is loc�ied.
<br /> ForeClosure by Power of Sale. If Lender elects to foreclose 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 require.
<br /> (a) Upon receipt of such notice from Lender,Trustee shall cause to be recorded,published and delivered to Grantor such Notice of Default
<br /> and Notice oi Sele as then required by law and by this Deed of Trust. Trustee shall,without demand on Grantor,atter such time as may then
<br /> be required by Iaw and atter recordation of such Notice of Default and after Notice of Sale having been given as required by law,sell the
<br /> Property 8t the time and ptace 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. Trustce shall deliver to such purchaser or purchasers thereof its good and sufficient 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 prooi of the truthfulness thereof. Any person, including without limitation Grantor,Trustee, or Lender, may purchase at
<br /> such sale.
<br /> (b) As may be permitted by lew,atter deducting all costs,fees and expenses of Trustee and of this Trust,including costs of evidence of title
<br /> in connection with sale,Trustee shall apply the proceeds of sale to payment ot (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 po�tion of the Property.
<br /> Remedles Not ExClusive. Trustee and Lender,and each of them,shall be entitled to enforce payment and perfwmance of any indebtedness or
<br /> obligarions 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 other 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 otherwise secured, whether by mortgage, deed ot trust, pledge, lien,
<br /> assignment or otherwise. Neither ihe acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of
<br /> sale or other powers contained in fhis Deed oi 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 oi Trust and any other security now or hereatter held by Lender or Trusiee in such order and manr►e�as they or either of them
<br /> may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or Lender,is intended to be exclusive of any other
<br /> remedy in this Deed of Trust or by law provided or permitled,but each shall be cumulative and shall be in addition to every other remedy given in
<br /> this Deed of Trust or now or hereafter existing at law or in equity or by statute. Every power or remedy given by the Gedit Agreement or any of
<br /> the Releted DoCUments to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, ConcuRendy w
<br /> independently, hom time to Hme 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 /> exten!such action is permitted by law.
<br /> Request For Notice. Grantor,on behalf of Grantor and Lender, hereby requests that a copy oi any Notice of Detault and a copy of any Notice of
<br /> Sale under this Dced of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br /> Walver;Election ot Remedies. A waiver by any party of a breach of a provision of this Deed of Trust shell not constitute a waiver of or prejudice
<br /> the party's rights otherwise to demand strict coR)plience with that provision 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 oi any other remedy,
<br /> and an eleCtion to make expenditures w to take action to pertorm an obligation of Grantor under this Deed of Trust after failure of Grantor to
<br /> perform shall not effect Lender's nght to declare a default and to exercise any of its remedies.
<br /> Attorneys' Fees; Expenees. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to
<br /> recover such sum as the couR may adjudge reasonable as attorneys'fees at tnel and on any appeal. Whether or not any court ac6on is involved,
<br /> 811 reasonable e�enses incurred by Lender which in Lender's opinion are necessary at any time for the protecHon of ils in�t or the
<br /> enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Credit Agreement rate lrom the
<br /> date ot expenditure unfil repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable
<br /> law, Lender's attorneys'fees whether or not there is a lawsuit, including attorneys'fees for bankruptcy proceedings(including effoAs to modify or
<br /> vacate any automatic stay or injunct�on), appeals and any anticipated post-judgment collection services. the cost of searching records. �btaining
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