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DEED OF TRUST Page 5
<br />(Continued)
<br />-- rGV VG1111Y
<br />holder. of another lean, wine pas of tunas w the dwelling for prohibited purposes
<br />19. GRANTOR'S RIGHT TO CURE, Upon the andurrence Of any Event of Default (other Ivan fraud or malarial misrepresentation) and prior 10
<br />exercking any of the rights and nimedRa provided in this Used 01 Trust Or by taw, lender shall give nobs as provlded in the Dead of Trust and Be
<br />required by applicable taw.
<br />M. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Trustee or Lander, at be option,
<br />my exercise es, in flny one or more of the following lights and remedi addition to any other rights or remedies provided by taw:
<br />ACCCleration upon Default; AdditlOrul Remedies. If any event of default Occura which is not cured within fifteen (15) plays aXer notice, Lender
<br />may declare all Intlebaf rent assured by the Dead of Trust to be due and payable and the same snail thereupon become due and payable
<br />without any presentment, demand, reast or notice of any kind. Thernst Lender may:
<br />(a) Either In person Or by &pent with or 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 eke possession of the Properly, N any part thereof, in he own name or in the name of
<br />Trustee, and do any asks which it reams necessary or desirable to preserve the value, marketability w rental lay of the Present w part of
<br />the Property or inleresl in the PropeM; increase the income from the Property or protect the security of the Properly; and, with P,
<br />eking possession Of the Rcpe'ty, sue for or Otherwise celled the rents, issues and profits of the Properly, including those past due and
<br />unpaid, and apply the same less costs and expenses of operation and cone =lion. including attorneys alas, to any indeoletlness Seamen by
<br />this Dead of Trust, ell in such order as Lander may determine. The entering upon and taking possession Of the Property, the collection of
<br />such rants, issues and profits, and the application thereof shall not cure M waive any deri or notice of default under the Deed of Trust or
<br />invalidate any act gore in response to such default Or pursuant to such notice of default; and. notwithstanding line continuance in possession
<br />of the Property Or the col,solidn, real and application of rants, issues or profile, Trustee or Lentler shall as entitled in exercise every night
<br />provided for in the Credit Agreement or the Related Documents a by aw upon the occurrence of any event of default including the right to
<br />exercise the power o1 sale;
<br />(b)
<br />Commerce an spite, to foreclose this Deed of Trust As a mortgage, appoint a receiver or speoifially enforce any of the covenants
<br />hereon, and
<br />(a) Deliver to Trustee a widen deJaration of default and demand for sale and a written notice d aefaull and election 10 Muse Grantors
<br />interest in the Property to be sold, which notice Trustee shat: Muse to be duly filed for record in the appropriate offices of the County in which
<br />the property is located.
<br />Foreelo tame by Power at Sale. L' Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall notify Trustee and
<br />Shall deposal with Trustee this Dad of Trust and the Credit Agreement and soon receipts and evidence of expenditures made and secured by this
<br />Deed of Trust as Trustee may maOlre.
<br />(a) UPOr receipt of such farce "m Lerner, Trustee shall cause 10 be recorded, pubhsner and delivered to Grantor such Notice of Deault
<br />and Notice of Sale as then required by law and by this Dead at Trust Trustee shall, without Came" or Grantor, after such time By may Irwin be required by lea and after rec¢datlon of soon Notice of Default and after Notice of Sale l been given es required by law, sell me
<br />Property at the time and pace of sale fixed by II In such Notice of Sale, Bitter as a whole, or in separate lots or parcels or fleets ea Trustee
<br />Shall dean, expedient end In 50X11 order as II may determine, at public auction t0 me highest slope! for WSn In lawful money of the Umad
<br />Sales payable at the time 0' sale, trustee shall deliver to such purchaser or purchasers tnereof es good and sufficient need Or peace
<br />conveying the property so sod, bu: without any covenant or warranty, express or implied. The recials in soon deed of any matters or acs
<br />Strait be cpnclo,,v. proof o' :ne :rulhfulness thereof. Any person, including without limitation Grandr, Trust., or Lendeq may purchase at
<br />such sale.
<br />(b) As may as permided b)'taw. after deposing all costs, fees and expenses of Trustee and of th.e Trust including boxes of evidence O'tlne
<br />in connection with sale, Trustee shall apply the proceeds 01 sale 10 payment of (1) all some excenoed under the farms of mils Dead of T rust or
<br />under the terms o' the Crei:'. Agreement not then repaid, including but not limited to accrued mtare,. and late charges, (ii) all other sums
<br />than secured hereby, and (iii) tee remainder, if any, to the person or persons legally entified thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of me Property.
<br />Remedies Not Exclusive. Tresmee and Lender, and on of them, shall be entitled 10 enforce payment and Performan:a of any indebtedness or
<br />obligations Secured by this Dead of Trost and to exercise all rights antl powers under this Dead of Trust, under tae Credit Agnearrenl, under any of
<br />the Related Documents, or Under any other agreement or any laws now or hereafter in force; notwithstanding, some or all of such Indebtedness
<br />and obligations secured by this Dead of Trust may now or hereafter be otherwse secured, whether by mortgage, dead of trust, pledge, lien,
<br />assignment or otherwise, Neither the acceptance of this Dead at Trust nor its enforcement, whether by court action or pursuant to the power of
<br />sale or other powers contained In this Dead of Trust, shall prejudice or in any manner affect Trustee's or Lender's ni to realign upon or enforce
<br />any Other security now or hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shelf be entitled t0
<br />enforce this Dead of Trust and any other security now or hereafter held by Lender or Trustee in such order and manner as they W either of them
<br />may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or Lentlw, a intender to be exduefve of any other
<br />remedy in this Dead of Trust w by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy ptven in
<br />this Dead of Trust or now or hereafter existing at law or in equity or by statute. Every power or remedy given by the Credit Agreement or any of
<br />the Related Document to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, cornbal tly or
<br />independently. from time to time and as often as may be deemed expedient by Trustee or Lender, sna either of them may pursue inconsistent
<br />formation, Nothing in this Dee". of Trust shall be construed as prohibiting Lender from seeking a defideray judgment against the Grantor to the
<br />extent such action is Permitted by aw.
<br />Request For Notice. Grantor, on behalf of Grantor and Lender, hereby requests that a copy of any Notice o' Default and a copy ol any Notice of
<br />Sale under the Deed of Trust be mailed to them at the addresses set forth in the firs) paragraph of this Deed of Trust.
<br />Waiver; Election of Remedies. A waiver by any party of a breach of a provision of this Dead of Trust shall not constitute a waiver of or prejudice
<br />the partys lights otherwise td demand sad compliance with that provision or any other provision. Election by Lentler to pursue any remedy
<br />provided in this Dead of Trust, the Great Agreement, In any Related Document, or provided by law shall not exclude pursuit of any other remedy,
<br />and an election to make expenrdures or to take action to perform an obligation of Grantor under this Dead of Trust after failure of Grantor to
<br />perform shall not affect Lenders right to declare a default and to exercise any of its remedies.
<br />Attorneys' Fees; Expenses. It Lender institutes any suit or action to enforce any of the terms of this Dead of Trust, Lender shell be enttled to
<br />recover such sum as the court may adjudge reasonable as edorreys' fees at trial and on any appeal. Whether or not any court action a involved,
<br />all miumble expanses incurred by Lender which in Lender's opinion are necessary at any time far the protection of Its inlearest or the
<br />ornamented Of al rights and became a pad of the Indebtedness payable on demand and shall bar interest at the Grand Agreament rate from the
<br />dais of expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable
<br />law, Lander's attorneys has whether or not there Is a lawsuit, including attorneys' fees Or bankruptcy procadings (Including aftods to modify w
<br />vapale any aufomatio stay fir r. ^-cl e,), eopeals and anv anllcioafer opal— iudgmed collection servo =` In=cest of sea ,,hmp records_ dbtaln,ro
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