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99. i.p92,74 �
<br /> DEED OF TRUST � _- � �- Page 5
<br /> (Continued)
<br /> holder of another lien,or the use of funds or the dwelling for prohibited purposes.
<br /> 19. GRANTOR'S RIGHT TO CURE. Upon the occurrence of any Event of Defautt (other than fraud or material misrepresentation) and pnor to
<br /> exercising any of the nghts and remedies provided in this Deed of Trust or by law, Lender shail give notice as provided in the Deed of Trust and as
<br /> required by applicable law.
<br /> 20. RIGHTS AND REMEDIES ON DEFAI�T. Upon the occurrence of any Event oi Default and at any time thereaffer,Trustee or Lender,at its option,
<br /> may exercise any one or more of the following rights and remedies,in addition to any other rights or remedies provided by law:
<br /> Acceleration upon Default; Additional Remedfes. If any event of default occurs which is not cured within fifteen (15)days afler notioe,Lender
<br /> may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and payable
<br /> without any presentment,demand,protest or notice of any kind. Thereafler,Lender may:
<br /> (a) Either in person or by agent,with or without bringing any action or proc�eding,or by a receiver appointed by a court and wfthout 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 inferest in the Property; increase the income from the Property or protect the security of the Property; and, with or without
<br /> taking possession of the Property, sue for or otherwise collect the rents, issues and profits of the Property, including fhose 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 cdlection of
<br /> such rents,issues and profits,and the application thereof shall not cure or waive any default or notice of defautt under this Deed of Trust or
<br /> invalidate any act done in response to such default or pursuant to such notice of default;and,notwithstending 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 law upon the occurrence of any event of default,including the righi 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 defauft and demand for sele 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 filed for record in the appropriate offices of the County in which
<br /> the Property is Inc�ted.
<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 of Sale as then required by law and by this Dced of Trust. Trustee shall,without demand on Grantor,after such time as may then
<br /> be required by 18w and aNer recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell the
<br /> Property at the time and place of sale fixed by it in such Notice of Sale,either as a whole, or in separate lots or parcels or items es 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 payeble at the time of sale. Trustee 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 mfltters or facts
<br /> shall be conclusive proof 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 law,after 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 of (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 faw postpone sale of all or any portion of the Property.
<br /> Remedles Not Exclusfve. Trustee and Lender,and each of them,shall be entitled to enforce payment and performance of any indebtedness or
<br /> obligations seCUred by this Deed of Trust and to exercise all rights and powers under this Deed of Trust,under the Credit Apreement,under any of
<br /> the Related Documents, or under any other agreement or any laws now or hereaffer 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 of hust, pledge, Iien,
<br /> assignment or otherwise. Neither the 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 this Deed of 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 of Trust and any other security now w hereafter held by Lender or Trustee in such order and manner 85 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 permitted,but each shafl 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 Credit Agreement or any of
<br /> the Related Documents to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, concurrendy or
<br /> independently, from time to time and as ofien as may be deemed expedient by Trustee or Lender, and either of them mey pursue inconsistent
<br /> remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lender trom seeking a deficiency judgment against the Grantor to the
<br /> extent such action is permitted by lew.
<br /> Request For Notice. Grantor,on behalf of�rantor and Lender, hereby requests that a copy of any Notice of Detault and a copy of any Notice of
<br /> Sale under this Deed of Trust be mailed to them at the addresses set foRh in the first paragraph of this Deed of Trust.
<br /> Wafv�r;Election of Remedies. A waiver by any party of a breach of a provision of this Deed of Trust shall not constitute a waiver o(or prejud�ce
<br /> the part�s nghts otherwise to demand strict compliance with that provislon 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 of any other remedy,
<br /> and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust etter failure of Grantor to
<br /> perform shell not affeCt Lender'S right to declare a default and to exercise any of its remedies.
<br /> Attomeys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitied to
<br /> recover such sum as the court may fldjudge reasonable as attorneys'fees at trial and on any appeal. Whether or not any court ecdon is invdved,
<br /> all reasonable expenses incurred by Lender which in Lender's opinion are necessary at any time for the protecHon of its interest or the
<br /> enforcement of its rights shall become a pert of the Indebtedness payable on demand and shall bear interest at the Gedit Agreement rate trom the
<br /> date oi expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to eny limits under applicable
<br /> law, Lender's attorneys'fees whether or not there is a lawsuii,including attorneys'fees for bankruptcy proceedings(including effo�ts to modify or
<br /> vacate any automatic stay or injunction), appeals and any aMic��ated oest-judgment collection services. the cost of searchino records. obta�nlno
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