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2004088'71
<br />(a) Acceleration and Power of Sale. Upon Borrower's breach of any covenant or
<br />agreement of Borrower in this Instrument, which breach is not cured within any applicable cure period,
<br />including, but not limited to, the covenants to pay when due any sums secured by this Instrument, Lender,
<br />at Lender's option, may declare all of the sums secured by this Instrument to be immediately due and
<br />payable without further demand, and may invoke the power of sale and other remedies permitted by
<br />applicable law or provided herein. Lender shall be entitled to collect all costs and expenses incurred in
<br />pursuing such remedies, including, but not limited to, reasonable attorneys' fees and costs of documentary
<br />evidence, abstracts and title reports.
<br />If Lender invokes the power of sale, Lender and Trustee shall execute or cause to be executed a
<br />written notice of the occurrence of an event of default and of Lender's election to cause the Property to be
<br />sold or shall comply with such requirements and procedures as required by the law of the State in which
<br />this instrument is recorded for foreclosure under a power of sale. Trustee shall sell the Property according
<br />to applicable law. Trustee may sell the Property at the time and place and under the terms designated in the
<br />notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone
<br />sale of all or any parcel of the Property by public announcement at the time and place of any previously
<br />scheduled sale and in accordance with applicable law. Lender or Lender's designee may purchase the
<br />property at any sale.
<br />The Trustee shall deliver to the purchaser a Trustee's Deed upon sale conveying the Property so
<br />sold without any covenant or warranty, expressed or implied, except as required by applicable law. The
<br />recitals in the Trustee's Deed shall be prima facie evidence of the truth of the statements made therein.
<br />Except as otherwise required by applicable law, Trustee shall apply the proceeds of the sale in the
<br />following order: (i) to all costs and expenses of the sale, including, but not limited to, Trustee's and
<br />attorneys' fees actually incurred and costs of title evidence, with Trustee's fees not to exceed five percent
<br />(5 %) of the original balance of the Note secured by this Instrument; (ii) to all sums secured by this
<br />Instrument in such order as Lender, in Lender's sole discretion, directs; (iii) to the payment of junior trust
<br />deeds, mortgages, or other lienholders; and (iv) the excess, if any, to the person or persons legally entitled
<br />thereto.
<br />(b) Foreclosure as Mortgage. This Instrument shall be effective as a mortgage as well as a
<br />deed of trust and may be foreclosed as a deed of trust or a mortgage as to any of the Property in any manner
<br />permitted by the laws of the State in which this Instrument is recorded.
<br />(c) Receiver. In addition to all other remedies herein provided, Lender shall, as a matter of
<br />right, be entitled to an ex parte appointment of a receiver or receivers without notice, notice being hereby
<br />expressly waived, for all or any part of the Property without regard to the value of the Property or the
<br />solvency of any person or persons liable for the payment of the Note and Borrower does hereby consent to
<br />the appointment of such receiver or receivers, waives any and all defenses to such appointment, and agrees
<br />not to oppose any application therefor by Lender, but nothing herein is to be construed to deprive Lender of
<br />any other right, remedy or privilege it may now have under law to have a receiver appointed; provided,
<br />however, that the appointment of such receiver, trustee, or other appointee by virtue of any court order,
<br />statute, or regulation shall not impair or in any manner prejudice the rights of Lender to receive payment of
<br />the rents and income. Any money advanced by Lender in connection with any such receivership shall be a
<br />part of the indebtedness secured hereby and shall be payable by Borrower to Lender as provided in this
<br />Instrument. The receiver or its agents shall be entitled to enter upon and take possession of any and all of
<br />the Property. The receiver, personally or through its agents or attorneys, may exclude Borrower and its
<br />agents, servants, and employees wholly from the Property, and have, hold, use, operate, manage, and
<br />control the same and each and every part thereof, and keep insured the properties, equipment, and apparatus
<br />provided or required for use in connection with the business or businesses operated on the Property, and
<br />make all such useful alterations, additions, betterments, and improvements as the receiver may deem
<br />judicious. Such receivership shall, at the option of Lender, continue until full payment of all sums hereby
<br />secured, or until title to the Property shall have passed by foreclosure sale under this Instrument and the
<br />period of redemption, if any, shall have expired.
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