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200411880 (1) Either personally or by means of a court appointed receiver, to take possession of all or any of the Personal Property and exclude therefrom Grantor and all others claiming under Grantor, and thereafter to hold, store, use, operate, manage, maintain and control, make repairs, replacements, alterations, additions and improvements to and exercise all rights and powers of Grantor with respect to the Personal Property or any part thereof. (2) To make such payments and do such acts as Beneficiary may deem necessary to protect its security interest in the Personal Property including paying, purchasing, contesting or compromising any encumbrance, charge or lien which is prior or superior to the security interest granted hereunder, and, in exercising any such powers or authority, paying all expenses incurred in connection therewith. (3) To assemble the Personal Property or any portion thereof at a place designated by Beneficiary and reasonably convenient to both parties, to demand prompt delivery of the Personal Property to Beneficiary or an agent or representative designated by it, and to enter upon any or all of the Premises or Improvements to exercise Beneficiary's rights hereunder. (4) To sell or otherwise dispose of or purchase the Personal Property at public sale, with or without having the Personal Property at the place of sale, upon such terms and in such manner as Beneficiary may determine, after Beneficiary shall have given Grantor at least ten days' prior written notice of the time and place of any public sale or other intended disposition of the Personal Property by mailing a copy to Grantor at the address set forth in Section 3.02. (b) In connection with a sale of the Trust Property or any Personal Property and the application of the proceeds of sale as provided in Section 2.08 of this Deed of Trust, Beneficiary shall be entitled to enforce payment of and to receive up to the principal amount of the Obligations, plus all other charges, payments and costs due under this Deed of Trust, and to recover a deficiency judgment for any portion of the aggregate principal amount of the Obligations remaining unpaid, with interest thereon as provided in the Credit Agreement. SECTION 2.08. Application of Sale Proceeds and Rents. After any foreclosure sale of all or any of the Trust Property, Beneficiary shall receive the proceeds of sale, no purchaser shall be required to see to the application of the proceeds and Beneficiary shall apply the proceeds of the sale together with any Rents that may have been collected and any other sums which then may be held by Beneficiary under this Deed of Trust as follows: First: to the payment of the costs and expenses of such sale, including compensation to Beneficiary's attorneys and agents, and of any judicial proceedings wherein the same may be made, and of all expenses, liabilities and advances made or incurred by Beneficiary under this Deed of Trust, together with interest at the Default Rate on all advances made by Beneficiary, including all taxes or assessments (except any taxes, assessments or other charges subject to [[NYC0RP:2455832v1 ]]