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200206623 power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, shall operate to divest all of the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of each Trustor in and to the properties and rights so sold, and shall be a perpetual bar, both at law and in equity, against each Trustor and any and all persons claiming or who may claim the same, or any part thereof, from, through or under a Trustor. Section 3.5 Rescission by Beneficiary. Beneficiary may at any time rescind the giving or filing of a notice of default pursuant hereto by executing, acknowledging and delivering to Trustee a Cancellation of Notice of Default in due form, and the exercise by Beneficiary of such right of rescission shall constitute a cancellation of any prior declaration by Beneficiary declaring all sums due hereunder and under the Credit Agreement due and payable, but shall not effect or constitute a waiver of any default nor impair the right of Beneficiary to make other declarations, based on the same or any other Event of Default, declaring all such sums due and payable or to foreclose hereupon. Section 3.6 Waiver by Trustors Each Trustor hereby expressly waives any right which it may have to direct the order in which any of the Property shall be sold in the event of any sale or sales pursuant hereto. Section 3.7 Aunlication of Sales Proceeds. Unless otherwise provided by law, the purchase money, proceeds or avails of any sale made under or by virtue of this Article III, together with all other sums which then may be held by Trustee or Beneficiary under this Deed of Trust, whether under the provisions of this Article III, or otherwise, shall, after payment of the costs and expenses of the proceedings, including any sale pursuant to Section 3.4 hereof, resulting in the collection of such moneys and of the expenses, liabilities and advances incurred or made by Trustee, be applied as provided in the Credit Agreement. Section 3.8 No Remedy Exclusive and No Waiver. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy provided in this Deed of Trust, the Credit Agreement or by law, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. No delay or omission of Trustee or Beneficiary to exercise any right or power accruing upon any Event of Default shall impair any right or power or shall be construed to be a waiver of any Event of Default or any acquiescence therein; and every power and remedy given by this Deed of Trust to Trustee or Beneficiary may be exercised from time to time as often as may be deemed expedient by Trustee or Beneficiary. Beneficiary, by accepting payment of any sum secured hereby after its due date, or by making any payment or taking any action which, under the provisions hereof, Beneficiary is entitled but not obligated to make or take, does not waive its right to require prompt payment when due from a Trustor or to declare a default for a Trustor's failure to pay or fulfill its obligations under this Deed of Trust. If there exists additional security for the performance of the obligations secured hereby, the Beneficiary, at its sole option and without limiting or affecting any of the rights or remedies hereunder, may exercise any of the rights and remedies to which it may be entitled hereunder either ■ Deed of Trust: -11- :::I