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200210067 future leases; provided, further, that the purchaser at any foreclosure sale shall have the option but not the obligation to affirm any then existing leases or tenancies or otherwise succeed to the rights of Grantor thereunder. S. Rieht of Beneficiary to Credit Sale. Upon the occurrence of any sale made under this Deed of Trust, whether made under non - judicial foreclosure or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, Beneficiary may bid for and acquire the Property or any part thereof. In lieu of paying cash therefor, Trustee (at the direction of the Beneficiary) may make settlement for the purchase price by crediting upon the Secured Obligations or other sums secured by this Deed of Trust the net sales price after deducting therefrom the expenses of sale and the cost of the action and any other sums which Trustee is authorized to deduct under this Deed of Trust. In such event, this Deed of Trust, and documents evidencing the Secured Obligations and the other expenditures secured hereby, may be presented to the Person conducting the sale in order that the amount so used or applied may be credited upon the Secured Obligations as having been paid. 9. Extension, Release, etc. (a) Without affecting the encumbrance or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as security for the full amount of the Secured Obligations, Trustee, Beneficiary or any of the Secured Parties may, from time to time and without notice, agree to (i) release any Person liable for any portion of the Secured Obligations, (ii) extend the maturity or alter any of the terns of the Secured Obligations, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Beneficiary's option any parcel, portion or all of the Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. (b) No recovery of any judgment by Beneficiary and no levy of an execution under any judgment upon the Property or upon any other property of Grantor shall affect the encumbrance of this Deed of Trust or any liens, rights, powers or remedies of Trustee and Beneficiary hereunder, and such liens, rights, powers and remedies shall continue unimpaired. (c) If Beneficiary shall have the right to foreclose this Deed of Trust Grantor authorizes Trustee (at the direction of Beneficiary) to foreclose the lien of this Deed of Trust subject to the rights of any tenants of the Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a sale of the Property by Trustee, or to terminate such tenant's rights in such sale will not be asserted by Grantor as a defense to any proceeding instituted by Trustee or Beneficiary to collect the Secured Obligations or to foreclose this Deed of Trust. (d) Unless expressly provided otherwise, in the event that Trustee's or Beneficiary's interest in this Deed of Trust and title to the Property or any estate therein shall become vested in the same person or entity, this Deed of Trust shall not merge in NY1'11178150109 P92#091,WM5999M79 14