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200403153 herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee, in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, 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. Every power or remedy given by any of the Loan Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time to time, and as often as may be deemed expedient by Trustee or Beneficiary; and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent such action is permitted by law. 18. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default, and that any notice of sale hereunder be mailed to it at the address set forth in the first paragraph of this Deed of Trust. 19. TRUSTEE. The Trustee may resign at any time without cause, and Lender may at any time and without cause appoint a successor or substitute Trustee. Trustee shall not be liable to any party, including with limitation Lender, Borrower or any purchaser of the Property, for any loss or damage unless due to reckless or willful misconduct, and shall not be required to take any action in connection with the enforcement of this Trust Deed unless indemnified, in writing, for all costs, compensation or expenses which may be associated therewith. In addition, Trustee may become a purchaser at any sale of the Property (judicial or under the power of sale granted herein); postpone the sale of all or any portion of the Property, as provided by law; or sell the Property as a whole, or in separate parcels or lots. 20. FEES AND EXPENSES. In the event Trustee sells the Property by exercise of power of sale, Trustee shall be entitled to apply any sale proceeds first to the payment of all costs and expenses of exercising power of sale, including all Trustee's fees actually incurred. In the event Borrower exercises any rights provided by law to cure an event of default, Lender shall be entitled to recover from Borrower all costs and expenses actually incurred as a result of Borrower's default, including without limitation all Trustee's and attorney's fees, in the maximum amount allowed by law. 21. MISCELLANEOUS PROVISIONS. A. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Trust Deed granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Trust Deed by reason of any demand made by the original Borrower and Borrower's successors in interest. C. Forht-aranre by Lender Not a Waiver, Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's rights to accelerate the maturity of the indebtedness secured by this Trust Deed. D. Other Documents- The undersigned has also executed other Loan Instruments simultaneously with the Trust Note and this document. The undersigned agrees that said Loan Instruments survive the closing, and that a default violation of any one document is a default or violation of all documents, and that as a result thereof, this Trust Deed can be foreclosed or a default can be declared. 0