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�. 99 110131
<br /> (b) Exercise any and all rights provided far in the Note, this Deed
<br /> of Trust or by law upon occurrence of any Event of Default; and
<br /> (c) Commence an action to foreclose this Deed of Trust as a mort-
<br /> gage, appoint a receiver or specifically enforce any of the covenants
<br /> hereof.
<br /> No remedy herein conferred upon, or reserved to, Trustee or Lender is intended to be
<br /> exclusive of any other remedy herein, in the Note or by law provided or permitted, but
<br /> each shall be cumulative, shall be in addition to every other remedy given hereunder, in
<br /> the Note or now or hereafter existing at law or in equity or by statute, and may be exer-
<br /> cised concurrently, independently or successively.
<br /> 13. Trus e. The Trustee may resign at any time without cause, and Lender may
<br /> at any time and without cause appoint a successor or substitute Trustee. Trustee shall not
<br /> be liable to any party, including, without limitation, Lender, Borrower, Trustor or any
<br /> purchaser of the Property, for any loss or damage unless due to reckless or willful
<br /> misconduct, and shall not be required to take any action in connection with the
<br /> enforcement of this Deed of Trust unless indemnified, in writing, for all costs, compen-
<br /> sation or expenses which may be associated therewith. In addition, Trustee may become
<br /> a purchaser at any sale of the Property (judicial or under the power of sale granted
<br /> herein); postpone the sale of all or any portion of the Property, as provided by law; or sell
<br /> the Property as a whole, or in separate parcels or lots at Trustee's discretion.
<br /> 14. Fees and Ex�enses. In the event Trustee sells the Property by exercise of
<br /> power of sale, Trustee shall be entitled to apply any sale proceeds first to payment of all
<br /> costs and expenses of exercising power of sale, including all Trustee's fees, and Lender's
<br /> and Trustee's attorney's fees actually incurred to the extent permitted by applicable law.
<br /> In the event Borrower or Trustor exercises any right provided by law to cure an Event of
<br /> Default, Lender shall be entitled to recover from Trustor all costs and expenses actually
<br /> incurred as a result of Trustor's default, including, without limitation, all Trustee's and
<br /> attorney's fees, to the extent permitted by applicable law.
<br /> 15. Future Advances. Upon request of Borrower, Lender may, at its option, make
<br /> additional and future advances and readvances to Borrower. Such advances and
<br /> readvances, with interest thereon, shall be secured by this Deed of Trust. At no time shall
<br /> the principal amount of the indebtedness secured by this Deed of Trust, not including
<br /> sums advanced to protect the security of this Deed of Trust, exceed the original principal
<br /> amount stated herein, or $635,000.00, whichever is greater.
<br /> 16. Miscellaneous Provisions.
<br /> (a) Borrower Not Released. Extension of the time for payment or modifi-
<br /> cation of amortization of the sums secured by this Deed of Trust granted by Lender to any
<br /> successor in interest of Borrower shall not operate to release, in any manner, the liability
<br /> of the original Borrower and Borrower's successors in interest. Lender shall not be
<br /> required to commence proceedings against such successor or refuse to extend time for
<br /> payment or otherwise modify amortization of the sums secured by this Deed of Trust by
<br /> reason of any demands made by the original Borrower and Borrower's successors in
<br /> interest.
<br /> (b) Lender's Powers. Without affecting the liability of any other person
<br /> liable for the payment of any obligation herein mentioned, and without affecting the lien
<br /> or charge of this Deed of Trust upon any portion of the Property not then or theretofore
<br /> released as a security for the full amount of all unpaid obligations, Lender may, from time
<br /> to time and without notice, (i) release any person so liable; (ii) extend the maturity or
<br /> alter any of the terms of any such obligations; (iii) grant other indulgences, (iv) release or
<br /> reconvey, or cause to be released or reconveyed at any time at Lender's option any parcel, '
<br /> portion or all of the Property; (v)take or release any other or additional security for any
<br /> obligation herein mentioned; or(vi) make compositions or other arrangements with
<br /> debtors in relation thereto.
<br /> (c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in
<br /> exercising any right or remedy hereunder or otherwise afforded by applicable law shall
<br /> not be a waiver of, or preclude the exercise of, any such right or remedy. The procure-
<br /> ment of insurance or the payment of taxes ar other liens or charges by Lender shall not be
<br /> a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this
<br /> Deed of Trust.
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