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200403403
<br />Section 5.3. Beneficiary as Purchaser. Beneficiary shall have the right to become the purchaser at any
<br />sale held by any receiver or public officer or at any public sale, and Beneficiary shall have the right to credit upon the
<br />amount of Beneficiary's successful bid, to the extent necessary to satisfy such bid, all or any part of the Secured
<br />Indebtedness in such manner and order as Beneficiary may elect.
<br />Section 5.4. Remedies Cumulative. All rights and remedies provided for herein and in any other Loan
<br />Document are cumulative of each other and of any and all other rights and remedies existing at law or in equity, and
<br />Beneficiary shall, in addition to the rights and remedies provided herein or in any other Loan Document, be entitled to
<br />avail itself of all such other rights and remedies as may now or hereafter exist at law or in equity for the collection of
<br />the Secured Indebtedness and the enforcement of the covenants herein and the foreclosure of the title, liens and
<br />security interests granted, created or evidenced hereby, and the resort to any right or remedy provided for hereunder
<br />or under any such other Loan Document or provided for by law or in equity shall not prevent the concurrent or
<br />subsequent employment of any other appropriate right or rights or remedy or remedies.
<br />Section 5.5. Discretion as to Security. Beneficiary may resort to any security given by this Deed of
<br />Trust or to any other security now existing or hereafter given to secure the payment of the Secured Indebtedness, in
<br />whole or in part, and in such portions and in such order as may seem best to Beneficiary in its sole and uncontrolled
<br />discretion, and any such action shall not in anywise be considered as a waiver of any of the rights, benefits, title, liens
<br />or security interests granted, created or evidenced by this Deed of Trust.
<br />ARTICLE 6
<br />Miscellaneous
<br />Section 6.1. Scope of Deed of Trust. This Deed of Trust is a Deed of Trust, an assignment of rents and
<br />leases and a collateral assignment, and. also covers proceeds and fixtures. Notwithstanding the foregoing to the
<br />contrary, no personalty is, or is intended to be, mortgaged, granted; bargained, sold, conveyed, transferred, pledged, set
<br />over and assigned, nor is any security interest granted in, any personalty now or hereafter located at the Property.
<br />Section 6.2. Place of Payment; Forum; Notices. All Secured Indebtedness which may be owing
<br />hereunder at any time by Trustor shall be payable at the place designated in the Note (or ifno such designation is
<br />made, at the address of Beneficiary indicated at the end of this Deed of Trust). Trustor hereby irrevocably submits
<br />generally and unconditionally for itself and in respect of its property to the non - exclusive jurisdiction of any Georgia
<br />state court, or any United States federal court, sitting in the county in which the Secured Indebtedness is payable, and
<br />to the non - exclusive jurisdiction of any state or United States federal court sitting in the state in which any of the
<br />Property is located, over any suit, action or proceeding arising out of or relating to this Deed of Trust or the Secured
<br />Indebtedness. Trustor hereby irrevocably waives, to the fullest extent permitted by law, any objection that Trustor
<br />may now or hereafter have to the laying of venue in any such court and any claim that any such court is an
<br />inconvenient forum. Trustor hereby agrees and consents that, in addition to any methods of service of process
<br />provided for under applicable law, all service of process in any such suit, action or proceeding in any state court, or
<br />any United States federal court, sitting in the state in which the Secured Indebtedness is payable may be made by
<br />certified or registered mail, return receipt requested, directed to Trustor at its address stated in Section 1.1 above, or
<br />at a subsequent address of Trustor of which Beneficiary received actual notice from Trustor in accordance with this
<br />Deed of Trust, and service so made shall be complete five (5) days after the same shall have been so mailed. Nothing
<br />herein shall affect the right of Beneficiary to serve process in any manner permitted by law or limit the right of
<br />Beneficiary to bring proceedings against Trustor in any other court or jurisdiction. All notices delivered by one party
<br />to the other shall be made by certified or registered mail, return receipt requested, directed to the other party at its
<br />address stated in Section 1.1 above, or at such subsequent address as each party may from time to time adopt by
<br />written notice to the other party.
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