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DEED OF TRUST 200207792 Page 5
<br />(Continued)
<br />holder of another Len, or the use of funds or the dwelling for prohibited purposes.
<br />19. GRANTOR'S RIGHT TO CURE. Upon the occurrence of any Event of Default (other than hand or malarial misrepresenUfion) and pnor to
<br />exercising any of the rights and remedies provided in this Dead of Trust or by law. Lender shall give notice as provided in the Deed of Trust and is
<br />required by applicable law.
<br />20. RIGHTS AND REMEDIES ON DEFAULT. Upon the occapence of any Event of Default and at any time thereafleq Trustee an Lender, at its option,
<br />may exercise any ON or more of the following rights and remedies, in addition to any other rights or remedies provided by law;
<br />Acceleration upon Defil Additional Remedies. If any event of default occurs which is not cured within fifteen (15) days all notice, Lender
<br />may declare all Indebtedness secured by this Dead of Trust to be due and payable and the same shall thereupon become due and payable
<br />without say, presentment, demand, protest or notice of any kind. Thereafter, Leader my:
<br />(a) Either in person or by agent, with w 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, or any part thereof, in its own name w in the nerve of
<br />Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Property, or pad of
<br />the Property or interest In the Property; Increase the income ham the Property or protect the security of the Properly; and, with or without
<br />taking possession of the PropeM, sue for or otherwise coSki the rents, issues and profits of the Proal including those past due and
<br />unpaid, and apply the same, less costs end expenses of operation and collection, including attorneys' aces, 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 IN Property, that collection of
<br />such rents, issues and profile, and the application thereof shall not cure or waive any default or notice of default under this Dead of Trust or
<br />invalidate any ad done In response to such default or pursuant to such notice of default: and, notwithstanding the continuance in possession
<br />of IN Properly or IN collection, receipt and application of rents, Sues or profits, Trustee or Lender shall be entitled to erahnse every night
<br />provided for in the Credit Agreement or the Related Documents or by Jaw upon the occurrence of any avant of default, including the right to
<br />exercise IN power of sale;
<br />Of 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 declaraflon of cal ll and demand for sale and a will notice of default and election to cause Grantors
<br />interest in the Property to be sold, which notice Trustee shall cause to be duly Fled for record in the appropriate offices of the County In whin
<br />the Property is located.
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall notity Trustee and
<br />shell deposit with Trustee this Deed of Trust and the Credit Agreement and such receipts and evidence of expenditures made and secured by this
<br />Deed of Trust as Trustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published end 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 time AS may than
<br />be required by law and alter recordation of such Notice of Default and after Notice of Sale having been given as required by Jaw. 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 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 />Steles payaole at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient peed 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 fact
<br />Shall be COrclurrive proof of the huthfulbass thereof. Any person holuding without limitation Grantor, Trustee, or Lender, may purchase at
<br />such seta.
<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 rifle
<br />in connection with sale Trustee shall apply the proceeds of sale to payment of (I) all sums expended under the terms of this Deed of Trust or
<br />under the terms of the Credit Agreement not than repaid, Including but not limited to accrued Interest and late charges, (ii) all other sums
<br />than secured hereby, and Un the remainder, if any, to the person or persons legally entitled thereto.
<br />(c) Trustee may In the manner provided by law postpone sale of all IT any portion of the Property.
<br />Remedies Not Exeluslve. Trustee and Lender, and each of them, shall be antilled to enforce payment and performance of any indebtedness or
<br />Obligations secured by this Dead of Trust and in exercise all rights and powers under this Deed of Trust, under the Credit Agreement, untler any of
<br />the Related Documents, or under any other agreement or any laws now or hereafter In ]area; notwithstanding. some or all of such indebtedness
<br />and obligations secured by this Dcetl 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 Deed of Trust nor its enforcement, whether by court action an pursuant to the power of
<br />sale w other powers conjoined in this Deed of Trust, shall prejudice or in any manner of Sol Trustee's or Lender's right to mall upon or enforce
<br />any other security now or hereafter held by Trustee or Lender, it being agreed that Trust" and Lender, and each of them, shall be 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 so they or ether of them
<br />may In their absolute discretion tletermine. No remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other
<br />remedy in this Dcetl of Trust on by law provided or permitted, but each shall be cumulative and shall be In addition to every other remedy given in
<br />this Dcetl of Trust Or now or hereafter existing al 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 w 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 permitted by law.
<br />Request For Notice. Grantor, on behalf of Grantor and Lender, hereby requests that a copy of any Notes of Default and a copy of any Notice of
<br />Sale under this Deed of Trust be mailed to them al the addresses set John In the first paragraph of this Dead of Trust.
<br />Waiver; Election of Remedies A waiver by any party of a breach of a provision of this Deed of Trust shall not constitute a waiver of On prejudice
<br />the pert)'s nghis otherwise to demand strict compliance with that provision or any other provision. Election by Lentler to pursue any remedy
<br />provided in this Dead of Trust, the Credh 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 />perform shall not affect Lender's nghl to dealers 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 Dcetl of Trust, Lender shall be enthed to
<br />recover such sum as the court may adjudge reasonable as atorneys' fees at trial and on any appeal. Whether or not any court action is 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 rights shall become a pad of IN IndeblesiNss 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 untler applicable
<br />Ivor, Lender's attorneys' lees whether or not there is e lawsuit, including attorneys' Ices for bankruptcy proceedings (Including efforts to modify or
<br />vacate any eelomat'c It, y ur Inin cf,i ) ,peals and antl anticipated po sf j domenl colle t o - services. in- I of .ea•cn:np records. oble.nmc
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