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200502/05
<br />(c) Commence an action to foreclose this Deed of Trust as a mortgage,
<br />appoint a receiver or specifically enforce any of the covenants hereof.
<br />No remedy herein conferred upon, or reserved to, Trustee or Lender is intended to be exclusive
<br />of any other remedy herein, in the Note or any of the Loan Instruments or by law provided or
<br />permitted, but each shall be cumulative, shall be in addition to every other remedy given here-
<br />under, in the Note or any of the Loan Instruments or now or hereafter existing at law or in equity
<br />or by statute, and may be exercised concurrently, independently or successively.
<br />13. Trustee. Trustee may resign at any time without cause, and Lender may at any time
<br />and without cause appoint a successor or substitute Trustee. Trustee shall not be liable to any
<br />party, including, without limitation, Lender, Borrower, Trustor or any purchaser of the Property,
<br />for any loss or damage unless due to reckless or willful misconduct, and shall not be required to
<br />take any action in connection with the enforcement of this Deed of Trust unless indemnified, in
<br />writing, for all costs, compensation or expenses which may be associated therewith. In addition,
<br />Trustee may become a purchaser at any sale of the Property (judicial or under the power of sale
<br />granted herein); postpone the sale of all or any portion of the Property, as provided by law; or
<br />sell the Property as a whole, or in separate parcels or lots, at Trustee's discretion.
<br />14. Fees and Expenses. In the event Trustee sells the Property by exercise of power of
<br />sale, Trustee shall be entitled to apply any sale proceeds first to payment of all costs and
<br />expenses of exercising power of sale, including all Trustee's fees, and Lender's and Trustee's
<br />attorney's fees actually incurred, to the extent permitted by applicable law. In the event
<br />Borrower or Trustor exercises any right provided by law to cure an Event of Default, Lender
<br />shall be entitled to recover from Trustor all costs and expenses actually incurred as a result of
<br />Trustor's default, including, without limitation, all Trustee's and attorney's fees, to the extent
<br />permitted by applicable law.
<br />15. Future Advances. Upon request of Borrower, Lender may, at its option, make
<br />additional and future advances and readvances to Borrower. Such advances and readvances,
<br />with interest thereon, shall be secured by this Deed of Trust. At no time shall the principal
<br />amount of the indebtedness secured by this Deed of Trust, not including sums advanced to
<br />protect the security of this Deed of Trust, exceed the original principal amount stated herein.
<br />16. Miscellaneous Provisions.
<br />(a) Borrower Not Released. Extension of the time for payment or modification
<br />of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in
<br />interest of Borrower shall not operate to release, in any manner, the liability of the original
<br />Borrower and Borrower's successors in interest. Lender shall not be required to commence
<br />proceedings against such successor or refuse to extend time for payment or otherwise modify
<br />amortization of the sums secured by this Deed of Trust by reason of any demands made by the
<br />original Borrower and Borrower's successors in interest.
<br />(b) Lender's Powers. Without affecting the liability of any other person liable for
<br />the payment of any obligation herein mentioned, and without affecting the lien or charge of this
<br />Deed of Trust upon any portion of the Property not then or theretofore released as security for
<br />the full amount of all unpaid obligations, Lender may, from time to time and without notice,
<br />(i) release any person so liable; (ii) extend the maturity or alter any of the terms of any such
<br />obligations; (iii) grant other indulgences; (iv) release or reconvey, or cause to be released or
<br />reconveyed, at any time at Lender's option, any parcel, portion or all of the Property; (v) take or
<br />release any other or additional security for any obligation herein mentioned; or (vi) make compo-
<br />sitions or other arrangements with debtors in relation thereto.
<br />(c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in
<br />exercising any right or remedy hereunder or otherwise afforded by applicable law shall not be a
<br />waiver of, or preclude the exercise of, any such right or remedy. The procurement of insurance
<br />or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's
<br />right to accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />(d) Successors and Assigns Bound, Joint and Several Liabilit • Captions. The
<br />covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the
<br />respective successors and assigns of Lender and Trustor. All covenants and agreements of
<br />Trustor shall be joint and several. The captions and headings of the paragraphs of this Deed of
<br />Trust are for convenience only and are not to be used to interpret or define the provisions hereof.
<br />(e) Request for Notices. The parties hereby request that a copy of any notice of
<br />default hereunder and a copy of any notice of sale hereunder be mailed to each party to this Deed
<br />of Trust at the address set forth above in the manner prescribed by applicable law. Except for
<br />any other notice required under applicable law to be given in another manner, any notice
<br />provided for in this Deed of Trust shall be given by mailing such notice by certified mail
<br />addressed to the other parties, at the addresses set forth above. Any notice provided for in this
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