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<br />(f) Entry on Property. Beneficiary is authorized, prior or subsequent to the institution of any
<br />foreclosure proceedings, to the fullest extent permitted by applicable law, to enter upon the Property, or any part
<br />thereof, and to take possession of the Property and all books and records relating thereto, and to exercise without
<br />interference from Trustor any and all rights which Trustor has with respect to the management, possession, operation,
<br />protection or preservation of the Property. Beneficiary shall not be deemed to have taken possession of the Property
<br />or any part thereof except upon the exercise of its right to do so, and then only to the extent evidenced by its demand
<br />and overt act specifically for such purpose. All costs, expenses and liabilities of every character incurred by
<br />Beneficiary in managing, operating, maintaining, protecting or preserving the Property shall constitute a demand
<br />obligation of Trustor (which obligation Trustor hereby promises to pay) to Beneficiary pursuant to this Deed of Trust.
<br />If necessary to obtain the possession provided for above, Beneficiary may invoke any and all legal remedies to
<br />dispossess Trustor. In connection with any action taken by Beneficiary pursuant to this Section, Beneficiary shall not
<br />be liable for any loss sustained by Trustor resulting from any failure to let the Property or any part thereof, or from
<br />any act or omission of Beneficiary in managing the Property unless such loss is caused by the willful misconduct and
<br />bad faith of Beneficiary, nor shall Beneficiary be obligated to perform or discharge any obligation, duty or liability of
<br />Trustor arising under any lease or other agreement relating to the Property or arising under any Permitted
<br />Encumbrance or otherwise arising. Trustor hereby assents to, ratifies and confirms any and all actions of Beneficiary
<br />with respect to the Property taken under this Section.
<br />(g) Receiver. Beneficiary shall as a matter ofright be entitled to the appointment of a receiver
<br />or receivers for all or any part of the Property, whether such receivership be incident to any action to foreclose this
<br />Deed of Trust or the proposed sale (or sales) of such property or otherwise, and without regard to the value of the
<br />Property or the solvency of any person or persons liable for the payment of the indebtedness secured hereby, and
<br />Trustor does hereby irrevocably consent to the appointment of such receiver or receivers, waives notice of such
<br />appointment, of any request therefor or hearing in connection therewith, and any and all defenses to such
<br />appointment, agrees not to oppose any application therefor by Beneficiary, and agrees that such appointment shall in
<br />no manner impair, prejudice or otherwise affect the Tights of Beneficiary to application of Rents as provided in this
<br />Deed of Trust. Nothing herein is to be construed to deprive Beneficiary of any other right, remedy or privilege it may .
<br />have under the law to have a receiver appointed. Any money advanced by Beneficiary in connection with any such
<br />receivership shall be a demand obligation (which obligation Trustor hereby promises to pay) owing by Trustor to
<br />Beneficiary pursuant to this Deed of Trust.
<br />(h) Other Rights and Remedies. Beneficiary may exercise any and all other rights and
<br />remedies which Beneficiary may have under the Loan Documents, or at law or in equity or otherwise.
<br />Section 5.2. Proceeds of Foreclosure. The proceeds of any sale held by Beneficiary or Beneficiary or
<br />any receiver or public officer in foreclosure of the title, liens and security interests granted, created or evidenced
<br />hereby shall be applied in accordance with the requirements of applicable laws and to the extent consistent therewith,
<br />FIRST, to the payment of all necessary costs and expenses incident to such foreclosure sale, including but not limited
<br />to all reasonable attorneys' fees and legal expenses actually incurred, advertising costs, auctioneer's fees, costs of title
<br />rundowns and lien searches, inspection fees, appraisal costs, fees for professional services, environmental assessment
<br />and remediation fees, all court costs and charges of every character, and publication fees and costs, and to the
<br />payment of the other Secured Indebtedness, including specifically without limitation the principal, accrued interest
<br />and attorneys' fees due and unpaid on the Note and the amounts due and unpaid and owed to Beneficiary under this
<br />Deed of Trust, the order and manner of application to the items in this clause FIRST to be in Beneficiary's sole
<br />discretion; and SECOND, the remainder, if any there shall be, shall be paid to Trustor, or to Trustor's heirs, devisees,
<br />representatives, successors or assigns, or such other persons (including the holder or beneficiary of any inferior lien)
<br />as may be entitled thereto by law; provided, however, that if Beneficiary is uncertain which person or persons are so
<br />entitled, Beneficiary may interplead such remainder in any court of competent jurisdiction, and the amount of any
<br />attorneys' fees, court costs and expenses incurred in such action shall be a part of the Secured Indebtedness and shall
<br />be reimbursable (without limitation) from such remainder.
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