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200206189 DEED OF TRUST Page 5
<br />(Continued)
<br />holder of another lien, or the use of funds or the dwelling for prohibited purposes.
<br />1a. GRANTOR'S RIGHT TO CURE. Upon the occurrence of any Event of Default (other than fraud or material misrepresentation) and one, to
<br />exercising any of the rights and remedies provided in this Deed of Trust or by law. Lender shall give notice as provided In the Dead of Trust and as
<br />required by applicable law.
<br />ga. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Trustee w Lender, at its option,
<br />may exercise any one or more of the following rights and remedies, in addition to any other rights or remedfee provided by law:
<br />Acceleration upon Default; Additional Remedies. If any event of default occurs which is not cured within fifteen (15) days after native, 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 net" of any kind. Thereafter, Lender may:
<br />(a) Either in person or by agent, with w without bdrgm, any action or 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 its own name or in the name of
<br />Trustee, and do any acts which it deems necessary w desirable to preserve the value, marketability or rentability of the Property, or part of
<br />the Property or interest in the Property; increase the income from the Property by protect the security of the Property; and, with or without
<br />taking possession of IN 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' tees, to any indebtedness secured by
<br />this Dead of Trust, all in such order as Lender may determine. The entering upon and taking possession of the Property, the collection of
<br />such rents, issues and profhs, and me application thereof shall not cure w waive any default or notice of default under this Dead of Trust or
<br />invalidate any act done in response to such default of pursuant to Such notice of default; and, notwithstanding 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 exerclee every right
<br />provided for in the Credit Agreement to the Related Documents or by few upon the occurrence of any event of default, including the night 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 />of Deliver to Trustee a wrten declaration of default and demand for safe and a written notice of default and exaction to Cause Grantors
<br />interest in the Property to be add, which notice Trustee shall Cause to be duly filed for record in the appropriate offices of the County In which
<br />the Property is loc$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 Dead of Trust and the Credit Agreement and such receipts and evidence of expenditures made and secured by this
<br />Dead of Trust Sm 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 Safe as then required by law and by this Dead of Trust. Trustee shall, without demand on Grantor, after such firms as may than
<br />be required by law and after recordation of such Notice of Default and Sher Notice of Safe having been given as required by low, 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 u Trustee
<br />Snell tleem expedient, and in such ortler as it may tletermine, at public auction to the highest bidder for rash in lawful money of the United
<br />Slates payable of the time of is Trustee shall deliver to such purchaser or purchases 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 matters w facts
<br />shall be conclusive proof o' the truthfulness thereof. Any person, including without limitation Grantor, Trustee, or Lender, may purchase et
<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 Dead of Trust or
<br />under the terms of the Cretlil 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 remaintler, if any, to the person or persons legally entitled thereto.
<br />(c) Trustee may in the manner provided by law 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 Deed 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 force; notwithstanding, some or all of such indebtedness
<br />and obligations secured by this Dead 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 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 afect Trustee's or Lentlers right to realm 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 he entitled to
<br />enforce this Dead of Trust and any other Security now or hereafter held by Lender or Trustee in such order and manner as they or either of them
<br />may in their absdute 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 w by few provided ar permitted, but each shall be cumulative and shall be in addition to every other remedy given In
<br />this Dead 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, concurrently or
<br />Independently, from time to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent
<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 perexhed by taw.
<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 Dead of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Walven 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 rights otherwise to demand stroll 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 take action to perform an obligation of Grantor under this Deed of Trust after failure of Grantor to
<br />pedwm shall not affect Lenders right to declare a default and to exercise 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 allwneys' fees at trial and on any appeal_ Whether or not any court action a involved,
<br />all reasonable expenses incurred by Lender which in Lender's opinion are necessary at any time for the protection of its interest or the
<br />enforcement of its lights shall become a part of the Indebtedness payable on demand and shall bear interest at the Credit Agreement rate from the
<br />dale of expenditure until repaid. Expenses covered by this paragraph include, without limitation. however subject to any limits under appacable
<br />law, Lender's attorneys lee; whether or not there is a lawswl, including attorneys' lees for bankruptcy proceadings (including eflwls to modify or
<br />viesin any aWOma9c Ste', o' inv'tCt,,). .,Carl, and any antie,oeled pod- iudpment cot I._n __,v— h, cost of se, nhina reeords . ohte ,nn
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