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DEED OF TRUST 20030465 �} Page 5
<br />(Continued)
<br />holder of another lie. or the use of funds or the dwelling far prohibited purposes.
<br />is. GRANTOR'S RIGHT TO CURE. Upon the occurrence of any Event of Default (other than fraud or material misraprseenteton) and prior to
<br />wasposing any of the rights and remedies provided In this Dew! of Trust or by low, Lender shall give notice as provided in the Deed of Trust and as
<br />required by applicable law.
<br />n. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereaeeq Trustee nr Lander, at ft option.
<br />may exercise any one or more of the following rights and remedies, in addition to any other lights or remedies provided by low:
<br />Acceleration upon Default Additional Remedies. If any event of default occurs which t not cured within fit on (15) days agar notice, Lender
<br />may declare an Indebtedness wand by in* Deed of Trust to be due and payable and the same shag mmupon become due and payable
<br />wdhoul any presentment, demand, protest or notice of any kind. Thereafter, Lender may:
<br />(a) Either in person or by agent, with or without bringing any action w proceeding, or by a receiver appointed by a court and without regard .
<br />to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in ib own rams or in the name of
<br />Trustee, and do any was which it ticems necessary or desirable to preserve the value, marketability Or feasibility of the Property, Or part of
<br />the Property w interest 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 those past due and
<br />unpaid, and apply the same, less costs and expenses of operation and collection, including attorneys' bee, to any indebtedness secured by
<br />this Dead of Trust, all In such order as Lender may determine. The whedng upon and taking possession of the Property, the collection of
<br />such rents, issues and profits, and the application thereof well not Cure or waive any default or notice of default under this Deed d Trust or
<br />invalidate any act dona in response to such default or pursuant to such notice of delault; and, notwithstanding the continuance in possession
<br />of the Property or the collection. recaipl and application of rents, Issues or profits, Trustee or Lender shall be willed to exercise every right
<br />provided tor in the Credit Agreement or the Related Documents or by Law upon the occurrence of any event of default, Including the right to
<br />exercise the povror or 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 default and demand for sale and a writer, 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 ton record in the appropriate offices of the County in which
<br />the Property is Ioc;ted.
<br />For,adosure 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 receipt and evidence of expenditures made and Secured by this
<br />Dead of Trust as Trustee may require.
<br />(a) Upon receipt of such notice from Lentler, Trustee shall cause to be recorded, published and delivered to Grantor such Notice of Default
<br />and Notice of Sale as than required by law and by this Deed of Trust. Trustee shall, without demand on Grantor, after such him as may than
<br />be required by law end after recordation of such Notice of Default and after Notice of Sale having been given as required by low, sell the
<br />Property at the tines and place of sale fixed by it in such Notice of Sate, either as a whole. Or to separate lots or parcels w items as Trustee
<br />shall dawn 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 />Stales payable at the time of sale. Trustee net deliver to such purchaser or purchasers thereof its good and sufficient dead or deeds
<br />conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such dead of any meters or fact
<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 cost of evidence of the
<br />in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expanded under the terms of in* Dead of Trust or
<br />under the terms of the Credit Agreement not than repaid, including but not limited to accrued interest and late charges, (it) all other sums
<br />than 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 few postpone sale of all or any portion of the Property
<br />Remedies Not Exclusive. Trustee and Lender, and each Of them, shall be entitled to enforce payment and performance of any indebtedness or
<br />obligations secured by this Dead of Trust and to exercise all rights and powers under this Dead of Trust, under the Credit Agreement, under any of
<br />the Related Documents, or under any other agreement or any laws now or hereafter In lorce; 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, dead of trust, pledge, lien,
<br />assignment or otherwise. Neither the acceptance of this Dead of Trust nor its enforcement. whether by coud action or pursuant to the power of
<br />sale or other powers contained in this Dead of Trust, shall prejudice or in any manner affect Trustees or Lenders right to reek= upon Or enforce
<br />any other security now or hereafter hold by Trustee or Lender, it being agreed that Trustees and Lender, and each of them, shall b , entitled to
<br />enforce this Deed of Trust and any other security now or hereafter held by Lender or Trustee in such order and manner as they or area 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 Dead of Trust or by law provided or permitted, but each shall 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 Document to Trustee Or Lender or to which either of them may be otherwise entitled, may be exenctsed, concurrently or
<br />independently, from time to lime and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inponsfounl
<br />remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Grantor to the
<br />extent such action is permitted by law.
<br />Request For Notice. Grantor, on behalf of Grantor and Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice of
<br />Sale under this Deed of Trust be mailed t0 them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Waiver; Election of Remedies. A waiver by any party of a breach of a provision of this Dead of Trust shall not constitute a waiver of Or prejudice
<br />the party's right otherwise to demand strict compliance with that provision 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 lake action to perform an obligation of Grantor under this Dead of Trust after failure M Grantor to
<br />perform shall not affect Lenders right to declare a default and to exerCree any of its remedies.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to
<br />recover such sum as the court may adjudge reasonable as atwri fees at trial and on any appeal. Whether or not any court action of involved,
<br />all reasonable expenses incurred by Lender which in Lander's opinion are necessary at any time for the protection of Its milerest or the
<br />enforcement of its rights shall become a pad of the Indebtedness payable on demand and shall bear interest at the Credil Agreement rate hum the
<br />date of expenchwe until repaid Expanses covered by this paragraph Include, without limitation, however subject to any limits under applicable
<br />law, Lenders attorneys' fees whether w not there is a lawsuit, including attorneys' fees for bankruptcy proceedings (including atort to modify or
<br />vacate any ah.m.fic slay or n,riclion). B,r Asls and any enficiprod oo=ltiudamenl epllec... service=. ins cost or seerchino records. pble,nino
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