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RE- RE�+(RDED�4 ,
<br />4 o'99'13ys3 DEED OF TRUST 99 '109525 Pages
<br />(Continued)
<br />holder of another lien, or the use of funds or the dwelling for prohibited purposes.
<br />19. GRANTOR'S RIGHT TO CURE. Upon the Occurrence of any Event of Default (other than heud or material misrepresentation) and poor to
<br />exerceing any of IN right and remedies provided in this Dead of Trust or by law, Lender shall give notice as provided in the Deed of Trust and as
<br />required by applicable law.
<br />N. RIGHTS AND REMEDIES ON DEFALLT. Upon IM occurrence of any Event of Default and at any time thereafter, Trustee or Lentler, at Its option,
<br />may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law:
<br />Acceleration upon Default; Additional Remedies. If any event of default occurs which is not cured within fiaaen (15) days after notice, Lender
<br />may declare all Indebtedness Secured by this Dead of Trust to be due and payable and the same shall thereupon become due and payable
<br />without any presentment, demand, protest or notice of any kind. Thereafter, Lender may:
<br />(a) Either in person or by agent, 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 take possession of the Property, Or any pad thereof, in its own name or in the name of
<br />Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Property, or pad of
<br />the Property or interest in the Property; increase the income from the Property or protect the security of the Prop"; and, with or without
<br />taking possession of the Properly, sue for or otherwise collect the rents, issues and profits of the Property, including those past due and
<br />unpaid and apply the Same, less costs and expenses of operation and collection, including eltorneys' fees, to any indebtedness secured by
<br />this Dead of Trust, all in such crow AS Lender may determine. The entering upon and taking possession of the Property, the Collection of
<br />such rents, issues and profits, and the application thereof shall not cure or waive any default or notice of default under this Deed of Trust Or
<br />invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the continuance in possession
<br />On the Property . the Coiled." receipt a'd application of rights, issues or profits, Tousles or Lender shad be entitled to exercise every right
<br />provided for in the Credit Agreement Or the Related Docurnshe or by law upon the occurrence of any event of default, including the right to
<br />exercise the power of sale;
<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the covenants
<br />hereof; and
<br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to cause Grantor's
<br />interest in IN Property to be Sold which notice Trustee shall cause to be duly filed for record in the appropriate offices of the County in which
<br />the Property is located.
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall nobly Trustee and
<br />shall deposit with Trustee this Deed of Trust and the Credit Agreement and such receipts and evidence of expenditures made and secured by this
<br />Deed of Trust as Trustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded published and delivered to Grantor such Notice of Default
<br />and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on Grantor, after such ante Ss may than
<br />be required by law and after recordation of such Notice of Default and after Notice of Sale having been given as required by law, Sol the
<br />Property at the fime and place of sale fixed by it in such Notice of Sale, either as a whole, or in separate lots or parceS Or items as Trustee
<br />shall deem expedient, and in such Order as it may determine, at public auction to the highest bidder for man in lawful money of the United
<br />States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient dealt Or deeds
<br />conveying the property so sold but without any covenant or warranty, express or implied. The recitals in such deed of any maters Or tact
<br />shall be conclusive proof of IN truthfulness thereof. Any person, including without limitation Grantor, Trustee, Or Lender, may purchase at
<br />such Sale.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of line
<br />in connection with sale, Trustee shall apply the proceeds of Sale to payment of it alt sums expended under the terms of this Deed of Trust or
<br />under the terms of the Credit Agreement not then repaid including but not limited to accrued interest and late charges, (ii) all other sums
<br />than Secured hereby, and (iii) the metal if any, to the person Or persons legally entitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br />Radial Not Exclusive. Trustee and Lander, and each of them, shall Ce addled to enforce payment and performance of any indebtedness Or
<br />obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust. under the Credit Abasement, under any of
<br />IN 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 Deed of Trust may now on hereafter be otherwise Secured, whether by mortgage, deed of trust, pledge, lien,
<br />assignment or otherwise. Neither the acceptance of this Deed of 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 . Lenders right to real" upon or, enforce
<br />any other Security now Or hereafter held by Trustee or Lander, it being agreed that Trustee and Lender, and each of them, small be entitled to
<br />enforce this Deed of Trust and any other security now or hereafter held by Lender Or Trustee in such Older and manner as they or Similar of them
<br />may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee Of Lander, is intended to be exclusive of any other
<br />remedy in the Deed of Trust or by law provided or permitted but aeon shall be cumulative and shall be in addition to every other remedy given in
<br />this Dealt of Trust . 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 On to which either of them may be otherwise entitled, may be exercised, concurrently or
<br />independently, from time to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent
<br />remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Grant. to the
<br />extent such action is permitted by law.
<br />Request For Notice. Grantor, on behalf of Grantor and Lender, hereby request that a copy of any Notice of Default and a copy of any Notice of
<br />Sale under the Dead of Trust he mailed to them at the addresses sal forth in the first paragraph of this Deed of Trust.
<br />Walver, Election of Remedies. A waiver by any pat of a breach of a provision of this Deed of Trust shall not constitute a waiver of or prejudice
<br />the party's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lander to pursue any monody
<br />provided in this Deed of Trust, the Credit Agreement, In any Related Document, or provided by law shall not exclude pursuit of arty otter remedy,
<br />and an election to make expenditures or to take action to perform an obligation of Grantor under the Deed of Trust after callus M Grantor to
<br />perform Shall not affect Lenders right to declare a default and to exercise any of its remedies.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Dealt of Trust, Lender shall be entitled to
<br />recover such sum as the cool may adjudge reasonable as eftOlneys' lees at trial and on any appeal. Whether or not any court action t invoked,
<br />all reasonable exposes incurred by Lender which in Lender's opinion are necessary at any time for the protection of its interest or the
<br />enforcement of its right small become a part of the Indebtedness payable on demand and shall bear interest at the Credit Agreement rate from the
<br />date of expenditure until repaid. Expenses covered by the paragraph Include, without limitation, however subject to any limits under applicable
<br />law, Lender's attorneys fees whether or not there is a lawsuit, Including attorneys' fees for bankruptcy proceedings including effort to motlly Or
<br />vacate any floor^.atic stay or Injunction), appeals and any anticipated ccstyud,nt collection services . the cost of searcmmc records. obtainina
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