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DEED OF TRUST 200206345 Page
<br />(Continued)
<br />holder of another lion, or the use of funds or the dwelling for prohibited purposes.
<br />19. GRANTOR'S RIGHT TO CURE. Upon the occune.. of any Event of Default (other than fraud or maternal misrepresentation) and prix to
<br />exercising any of the rights no remedies provided in this peed of Trust or by law, Lender shall give notice as provided in the Dead of Trust and as
<br />returned by applicable law,
<br />0. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time (hereafter. Trustee or Lender, at is option,
<br />may exercise any one or more of the following rights and remedies, in addition to any Other night or remedies provided by few:
<br />Acceleration upon Default; Additional Remedies. If any event of default occurs which is not cured within fifteen (15) days after notice, Lender
<br />may declare all Indebtedness secured by in* Dead of Trust to be due and payable and the same shall thereupon become due and payable
<br />without any presentment, demand, protest or notice of any kind, Thereafter, Lender rtay:
<br />(a) Either in person or by agent, with or without bringing 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, w any part thereof, in its own name or in the name of
<br />Trustee, antl do any acts which it deans necessary a desirable to preserve the value, marketability or rentability of the Property, or pan of
<br />the Property or 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 rent, 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 atlwneys' fees, to any mce iteddoess 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 profits, and the application thereof shall not cure a waive any default or notice of default under this Dead of Trust or
<br />invalidate any act done in response to such default w pursuant to such notice of default; and, nolwilhslandmi, the continuance in possession
<br />of the Property or has Selection, receipt and application of rents, issues or profits, Trustee or Lender shall be entitled to exerese every right
<br />provided for In the Credit Agreement or 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 />(c) Deliver to Trustee a whose declaration of default and demand for safe and a written notice of default and election to Cause Grantor's
<br />interest in the Property to be sold, which notice Trustee shall cause to be duty filed for record in the appropriate offices of the County in winch
<br />the Property is Iocsited.
<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 Capped with Trustee this Dealt of Trust and the Credit Agreement and such receipts 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 Lender, Trustee shall cause to be recorded, published and delivered to Grantor such Notice of Default
<br />and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on Grantor, after such time as may than
<br />be required by law and rider recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell the
<br />Property et the time and place of sale fixed by it In such Notice of Sale, either as a whole, or in separate lots or percent w items as Trustee
<br />shall deem 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 />Slates payable el the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient dealt 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 or facts
<br />shall be conclusive proof of the Iruthtweest thereof. Any parson, including without limitation Grantor, Trustee, or Lender, may purchase a:
<br />such sale.
<br />(b) As may be permitted by law, after deducting all costs, teas and expenses of Trustee and of this Trust, including costs of evidence of tine
<br />In Connection with sale, rushes shall apply the proceeds of sale to payment of if all sums expended under the terms of this Deed of Trust or
<br />under the terms of the Credit Agreement not then repaid, including but not limited In accrued Interest and late charges, (ii) all other sums
<br />than assured hereby, and (ni) the remainder, II 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 Presexry.
<br />Remedies Net 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 Dealt of Trust and to exercise all rights and powers under this Dealt 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: nohvithslanding, some or all of such indebtedness
<br />and obligations secured by this Dealt of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien,
<br />essignmenl or otherwise. Neither the acceptance of this Dealt of Trust nor its enforcement, whether by court 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 Trustee's or Lenders right to reaam upon or enforce
<br />any other security now or hereafter held by Trustee or Lender, it being g,.d that Trustee and Lentleq end 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 absolute discretion determine. No remedy contained upon or reserved to Trustee or Lender, is intended to be exclusive of any other
<br />remedy In this Deed 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 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 aaercead, 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 Dead 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 />Safe under this Deed of Trust be mailed to them al the addresses set fork is the first paragraph of find Deed of Trust.
<br />Waiver; Election of Remedies. A waiver by any party of a breach old provision of this Deed of Trust shall not constitute a waiver of or prejudice
<br />the party's rights otherwise to demand sync( compliance with that provision or any other provision. Elation 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 of Grantor to
<br />Warm shall not affect Lender's 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 Dealt of Trust, Lender shell be 0eefled to
<br />recover such sum as the court may adjudge reasonable as attorneys' fees at trial and on any appeal. Whether or not any coon 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 />enlacement of its rights shell become a pad of the Indebtedness payable on demand and shall bear interest at the Credit Agreement rate from the
<br />date of expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under Applicable
<br />law, Lenders attorneys tees whether or not there is a lawsuit, including attorneys' fees for bankruptcy proceedings (including efforts to modify er
<br />vacate any eWomafic sie o� in�unctich" ao0eafs end env anticipated n__f— iudomenf coil t rery -vs Ih_ c st of searchnc records. obn —c
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