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200210067 Agreement or any other Loan Document or if Grantor fails to abide by any of the terms, covenants or provisions of this Deed of Trust beyond any applicable grace period. (b) Upon the occurrence and during the continuance of an Event of Default, in addition to any other rights and remedies Beneficiary may have pursuant to the Credit Agreement or as provided by law, and without limitation, Beneficiary shall have the right to exercise any or all of the following remedies: (i) Acceleration. Beneficiary may accelerate the maturity date of the Loan and declare any or all of the indebtedness secured hereby to be immediately due and payable without any presentment, demand, protest, notice or action of any kind whatever (each of which is hereby expressly waived by Grantor), whereupon the same shall become immediately due and payable. Upon any such acceleration, payment of such accelerated amount shall be governed by the Credit Agreement and shall then be immediately due and payable. (ii) Entry on the Property. Without in any way curing or waiving any default of Grantor, either in person, by agent or by court- appointed receiver, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, Beneficiary may (or direct Trustee to) enter upon and take possession of the Property, or any part thereof, in its own name, without force or with such force as is permitted by law and without notice or process or with such notice or process as is required by law unless such notice and process is waivable, in which case Grantor hereby waives such notice and process, and do any and all acts and perform any and all work which may be desirable or necessary in Beneficiary's judgment to complete any unfinished construction on the Real Estate, to preserve and/or enhance the value, marketability or rentability of the Property, to increase the income therefrom, to manage and operate the Property or to protect the security hereof and all sums expended by Beneficiary therefor, together with interest thereon at the Applicable Rate (as defined herein), shall be immediately due and payable to Beneficiary by Grantor on demand and shall be secured hereby and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Loan Documents. (iii) Collect Rents. With or without taking possession of the Property and Beneficiary may sue for or otherwise collect the Rents, including those past due and unpaid, and apply the same, less costs, expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, all in such order as Beneficiary in its discretion may determine. (iv) Appointment of Receiver. Upon, or at any time prior or after, instituting any judicial foreclosure or instituting any other foreclosure of the liens and security interests provided for herein or any other legal proceedings hereunder, as allowed under applicable law Beneficiary may make application, ex- parte, to a court of competent jurisdiction for appointment of a receiver for all or any part of the Property, as a matter of strict right and without notice to Grantor NY291198150 \09W 2#091,D0005899 -0079 12