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200210067 <br />18. Remedies Not Exclusive. Beneficiary shall be entitled to enforce <br />payment of the Secured Obligations and performance of all of the obligations of the <br />Grantor contained in the Loan Documents and the Credit Agreement and to exercise all <br />rights and powers under this Deed of Trust, the Loan Documents and the Credit <br />Agreement or other agreement or any laws now or hereafter in force, notwithstanding <br />some or all of the Secured Obligations may now or hereafter be otherwise secured, <br />whether by deed of trust, mortgage, security agreement, pledge, lien, assignment or <br />otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, shall <br />prejudice or in any manner affect Beneficiary's right to realize upon or enforce any other <br />security now or hereafter held by Beneficiary, it being agreed that Beneficiary or Trustee <br />(at the direction of Beneficiary) shall be entitled to enforce this Deed of Trust and any <br />other security now or hereafter held by Beneficiary in such order and manner as <br />Beneficiary may determine in its absolute discretion. No remedy herein conferred upon <br />or reserved to Beneficiary is intended to be exclusive of any other remedy herein or by <br />law provided or permitted, but each shall be cumulative and shall be in addition to every <br />other remedy given hereunder or now or hereafter existing at law or in equity or by <br />statute. Every power or remedy given by the Credit Agreement or any of the Loan <br />Documents to Beneficiary or to which either may otherwise be entitled, may be <br />exercised, concurrently or independently, from time to time and as often as may be <br />deemed expedient by Beneficiary, as the case may be. In no event shall Beneficiary or <br />Trustee (at the direction of Beneficiary), in the exercise of the remedies provided in this <br />Deed of Trust (including, without limitation, in connection with the assignment of Rents <br />to Beneficiary, or the appointment of a receiver and the entry of such receiver on to all or <br />any part of the Property), be deemed a `Beneficiary in possession," and neither <br />Beneficiary nor Trustee shall in any way be made liable for any act, either of commission <br />or omission, in connection with the exercise of such remedies. <br />19. Multiple Securitv. If (a) the Premises shall consist of one or more <br />parcels, whether or not contiguous and whether or not located in the same county, or <br />(b) in addition to this Deed of Trust, Beneficiary shall now or hereafter hold or be the <br />beneficiary of one or more additional mortgages, liens, deeds of trust or other security <br />(directly or indirectly) for the Secured Obligations upon other property in the State in <br />which the Premises are located (whether or not such property is owned by Grantor or by <br />others) or (c) both the circumstances described in clauses (a) and (b) shall be true, then to <br />the fullest extent permitted by law, Beneficiary or Trustee (at the direction of <br />Beneficiary) may, at its election, commence or consolidate in a single trustee's sale or <br />foreclosure action all of the trustee's sale or foreclosure proceedings against all such <br />collateral securing the Secured Obligations (including the Property), which action may be <br />brought or consolidated in the courts of, or sale conducted in, any county in which any of <br />such collateral is located. Grantor acknowledges that the right to maintain a consolidated <br />trustee's sale or foreclosure action is a specific inducement to some or all of the Secured <br />Parties to make certain loans to and to enter into certain agreements with Grantor, and for <br />Beneficiary to enter into the Credit Agreement, and Grantor expressly and irrevocably <br />waives any objections to the commencement or consolidation of the foreclosure <br />proceedings in a single action and any objections to the laying of venue or based on the <br />grounds of forum non conveniens which it may now or hereafter have. Grantor further <br />agrees that if Beneficiary or Trustee (on behalf of Beneficiary) shall be prosecuting one <br />NY2 11178150a91P9#W D ,35899.M79 is <br />