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200403670 <br />(d) Hold, lease, develop, manage, operate or otherwise use the <br />Trust Property upon such terms and conditions as Beneficiary may deem reasonable <br />under the circumstances (making such repairs, alterations, additions and improvements <br />and taking other actions, from time to time, as Beneficiary deems necessary or desirable), <br />and apply all Rents and other amounts collected by Trustee in connection therewith in <br />accordance with the provisions of Section 5.7 hereof. <br />(e) Require Grantor to assemble any collateral under the UCC <br />and make it available to Beneficiary, at Grantor's sole risk and expense, at a place or <br />places to be designated by Beneficiary, in its sole discretion. <br />(f) Institute proceedings for the complete foreclosure of this <br />Deed of Trust, either by judicial action or by power of sale, in which case the Trust <br />Property may be sold for cash or credit in accordance with applicable law in one or more <br />parcels as Beneficiary may determine. Except as otherwise required by applicable law, <br />with respect to any notices required or permitted under the UCC, Grantor agrees that five <br />(5) days' prior written notice shall be deemed commercially reasonable. At any such sale <br />by virtue of any judicial proceedings, power of sale, or any other legal right, remedy or <br />recourse, the title to and right of possession of any such property shall pass to the <br />purchaser thereof, and to the fullest extent permitted by law, Grantor shall be completely <br />and irrevocably divested of all of its right, title, interest, claim, equity, equity of <br />redemption, and demand whatsoever, either at law or in equity, in and to the property <br />sold and such sale shall be a perpetual bar both at law and in equity against Grantor, and <br />against all other Persons claiming or to claim the property sold or any part thereof, by, <br />through or under Grantor. Beneficiary or any of the Lenders may be a purchaser at such <br />sale. If Beneficiary is the highest bidder, Beneficiary may credit the portion of the <br />purchase price that would be distributed to Beneficiary against the Indebtedness in lieu of <br />paying cash. In the event this Deed of Trust is foreclosed by judicial action, <br />appraisement and valuation of the Trust Property is waived. In the event of any sale made <br />under or by virtue of this Article 5 (whether made by virtue of judicial proceedings or of <br />a judgment or decree of foreclosure and sale) the entire Indebtedness, if not previously <br />due and payable, immediately thereupon shall become due and payable. The failure to <br />make any such tenants of the Premises party to any such foreclosure proceedings and to <br />foreclose their rights will not be, nor be asserted to be by Grantor, a defense to any <br />proceedings instituted by Beneficiary to collect the sums secured hereby. <br />(g) With or without entry, to the extent permitted and pursuant <br />to the procedures provided by applicable law, institute proceedings for the partial <br />foreclosure of this Deed of Trust for the portion of the Indebtedness then due and payable <br />(if Beneficiary shall have elected not to declare the entire Indebtedness to be immediately <br />due and owing), subject to the continuing lien of this Deed of Trust for the balance of the <br />Indebtedness not then due; or (1) as and to the extent permitted by law, sell for cash or <br />upon credit the Trust Property or any part thereof and all estate, claim, demand, right, <br />LA/975395.1 9 <br />