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200504312 <br />(b) If there shall be filed by or against Trustor an action under any present or future <br />federal, state or other statute, law or regulation relating to bankruptcy, <br />insolvency, or other relief for debtors; <br />(c) If there shall be appointed any trustee, receiver, or liquidator of Trustor of all or <br />any part of the Subject Property, or the rents, issues or profits thereof; <br />(d) If Trustor shall make any general assignment for the benefit of creditors; <br />(e) The abandonment of the Subject Property; <br />(f) Failure of Trustor to properly perform its obligations when due hereunder, or a <br />breach or default by Trustor of any of its covenants, representations or <br />warranties contained herein. <br />(g) Failure of Trustor to perform or observe any of its obligations, covenants, <br />representations or warranties contained in any other Loan Document, and such <br />failure shall continue after the expiration of any notice and/or grace period <br />therein provided. <br />(h) Any of the events delineated in subparagraphs (b), (c), (d) shall occur with respect to any <br />Guarantor of the Note. <br />(i) Failure of Trustor to make any payment of any other indebtedness or to perform or <br />observe any other obligation of the Trustor to Beneficiary, and such failure shall <br />continue after the expiration of any notice and/or grace period therein provided. <br />2. RIGHTS AND REMEDIES. At any time after the occurrence of an Event of Default hereunder, and <br />expiration of any applicable notice and/or grace period, Beneficiary and/or Trustee shall have the <br />following rights and remedies, all of which are in addition to any rights and remedies available to <br />Beneficiary under the Note or any other Loan Document: <br />(a) With or without notice, to declare all obligations secured hereby immediately <br />due and payable; <br />(b) With or without notice, and without releasing Trustor from any obligation <br />hereunder, to cure any default of Trustor and, in connection therewith, to enter <br />upon the Subject Property and to do such acts and things as Beneficiary or <br />Trustee deem necessary or desirable to protect the security hereof including, but <br />without limitation, to appear in and defend any action or proceeding purporting <br />to affect the security hereof or the rights or powers of Beneficiary or Trustee <br />hereunder; to pay, purchase, contest or compromise any encumbrance, charge, <br />lien or claim of lien which, in the judgment of either Beneficiary or Trustee, is <br />prior or superior hereto, the judgment of Beneficiary or Trustee being conclusive <br />as between the parties hereto; to pay any premiums or charges with respect to <br />insurance required to be carried hereunder; and to employ counsel, accountants, <br />contractors and other appropriate persons to assist them; <br />(c) To commence and maintain an action or actions in any court of competent <br />jurisdiction to foreclose this instrument as a mortgage or to obtain specific <br />enforcement of the covenants of Trustor hereunder, and Trustor agrees that such <br />covenants shall be specifically enforceable by injunction or any other <br />appropriate equitable remedy and that for the purposes of any suit brought under <br />this subparagraph, Trustor waives the defense of lathes and any applicable <br />statute of limitations; and/or <br />(d) To enter upon, possess, manage and operate the Subject Property or any part <br />thereof, to make, terminate, enforce or modify leases of the Subject Property <br />upon such terms and conditions as Beneficiary deems proper; to make repairs, <br />alterations and improvements to the Subject Property necessary, in Trustee's or <br />Beneficiary's judgment, to protect or enhance the security hereof. <br />All sums realized by Beneficiary under this subparagraph, less all costs and <br />expenses incurred by it under this subparagraph, including reasonable attorneys' <br />12 <br />