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200212049
<br />the Trust Property attaching subsequent to the lien of this Deed of Trust. No payment or advance
<br />of money by Beneficiary or Trustee under this Section shall be deemed or construed to cure
<br />Grantor's default or waive any right or remedy of Beneficiary or Trustee.
<br />12. Events of Default. The occurrence of any one or more of the following
<br />events shall constitute an Event of Default hereunder (each, an "Event of Default"):
<br />(a) an Event of Default shall occur and be continuing under the Note Purchase
<br />Agreement; or
<br />(b) a failure of Grantor to duly perform and observe, or a violation or breach
<br />of, any other terms, covenants, provisions or conditions of Sections 6 or 7 of this Deed of Trust.
<br />13. Remedies. (a) Upon the occurrence and during the continuation of any
<br />Event of Default, in addition to any other rights and remedies Beneficiary may have pursuant to
<br />the Loan Documents, or as provided by law, and without limitation, (x) if such event is an Event
<br />of Default with respect to Grantor specified in paragraph (h) of Section 12 of the Note Purchase
<br />Agreement, all the Notes then outstanding shall automatically become due and payable, (y) if
<br />such event is an Event of Default specified in paragraphs (a) or (b) of Section 12 of the Note
<br />Purchase Agreement, any holder or holders of Notes at the time outstanding affected by such
<br />Event of Default may at any time, at its or their option, by notice or notice to Grantor, declare all
<br />the Notes held by it or them to be immediately due and payable, and (z) if such event is any other
<br />Event of Default, the Required Holders may at any time, at its or their option, by notice or
<br />notices to the Company, declare all the Notes then outstanding to be immediately due and
<br />payable. Upon any Notes becoming due and payable as set forth in this subsection(a), whether
<br />automatically or by declaration, such Notes will forthwith mature and the entire unpaid principal
<br />amount of such Notes, plus (x) all accrued and unpaid interest thereon and (y) the Prepayment
<br />Premium, in the case of the Series A Notes, and the Make -Whole Amount, in the case of the
<br />Series B Notes, determined in respect of such principal amount and in accordance with Section
<br />7.3 of the Note Purchase Agreement (to the full extent permitted by applicable law), shall all be
<br />immediately due and payable, in each and every case without presentment, demand, protest or
<br />further notice, all of which are hereby expressly waived, except as expressly provided above in
<br />this Section. In addition, upon the occurrence and during the continuation of any Event of
<br />Default, Beneficiary may immediately take such action, without notice or demand, as it deems
<br />advisable to protect and enforce its rights against Grantor and in and to the Trust Property,
<br />including, but not limited to, the following actions, each of which may be pursued concurrently
<br />or otherwise, at such time and in such manner as Beneficiary may determine, in its sole
<br />discretion, without impairing or otherwise affecting the other rights and remedies of Beneficiary:
<br />(i) Beneficiary may direct Trustee to exercise Trustee's power of sale with
<br />respect to the Trust Property, or any part thereof, in a non - judicial procedure as permitted
<br />by applicable law. If Beneficiary elects to exercise its power of sale with respect to the
<br />Real Estate and Equipment, or any part thereof, Trustee shall record a notice of default in
<br />each county in which any part of such Real Estate and Equipment is located in the form
<br />prescribed by applicable law and shall mail copies of such notice in the manner
<br />prescribed by applicable law. After the time required by applicable law, Trustee shall
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