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200504312 indebtedness, and any receiver appointed may serve without bond. Employment by Beneficiary shall not disqualify a person from serving as receiver. 4. PAYMENT OF COSTS, EXPENSES AND ATTORNEYS FEES. All costs and expenses incurred by Trustee and Beneficiary pursuant to subparagraphs (a) through (g) inclusive of Paragraph B.2 and Paragraph B.3 (including but without limitation, court costs and attorneys' fees, whether incurred in litigation or not) shall bear interest at a rate equal to the Note rate in effect prior to default, plus four percent (4 %) per annum, from the date of expenditure until said sums have been paid. Beneficiary shall be entitled to bid, at the sale of the Subject Property held pursuant to subparagraph B.2(e) above, the amount of said costs, expenses and interest in addition to the amount of the other obligations hereby secured as a credit bid, the equivalent of cash. 5. ACCELERATION, PREPAYMENT PRIVILEGE. Upon any default by Trustor and following the acceleration of maturity as herein provided, a tender of payment of the amount necessary to satisfy the entire indebtedness secured hereby made at any time prior to foreclosure sale (including sale under power of sale) by Trustor, its successors or assigns or by anyone in behalf of Trustor, its successors or assigns, shall constitute an evasion of the prepayment terms of the Note and be deemed to be a voluntary prepayment thereunder and any such payment to the extent permitted by law, will, therefore, include the additional payment required under the prepayment privilege, if any, contained in the Note. 6. REMEDIES CUMULATIVE. All rights and remedies of Beneficiary and Trustee hereunder are cumulative and in addition to all rights and remedies provided by the other Loan Documents and by law. 7. RELEASk,S, EXTENSIONS, MODIFICATION AND ADDITIONAL SECURITY. Without affecting the liability of any person for payment of any indebtedness secured hereby, Beneficiary may make any agreement or take any action extending the maturity or otherwise altering the terms or increasing the amount of any indebtedness secured hereby, and accept additional security or release all or a portion of the Subject Property and/or other security held to secure the indebtedness secured hereby. C. MISCELLANEOUS PROVISIONS. 1. INTEREST RATE ADJUSTMENTS. The Note where Beneficiary is referred to as "Noteholder" and Trustor is referred to as "Borrower ", secured by this Deed of Trust may contain provisions that may result in increases in the Interest rate, in the monthly Installments, and in the unpaid Principal balance. Any increases in the Interest rate and in the unpaid Principal balance subsequent to the recording of this Deed of Trust shall be secured in the same lien priority position as the Principal initially advanced. 2. NON - WAIVER. By accepting payment of any sum secured hereby after its due date or late performance of any obligation secured hereby, Beneficiary shall not waive its right against any person obligated directly or indirectly hereunder or on any obligation hereby secured or to declare default for failure to make such prompt payment. No exercise of any right or remedy by Beneficiary or Trustee hereunder shall constitute a waiver of any other right or remedy herein contained or provided by law. 3. EXECUTION OF DOCUMENTS. Trustor agrees, upon demand by Beneficiary or Trustee, to execute and cause the execution of any and all documents and instruments required to effectuate the provisions hereof and the other Loan Documents. 4. STATEMENTS OF CONDITION. From time to time as required by law, Beneficiary shall furnish to Trustor such statements as may be required concerning the condition of the obligation secured hereby. 5. MODIFICATION AND EXTENSIONS. References to the Note, and the Loan Documents in this document shall be deemed to include all modifications, extensions and renewals thereof. 6. ASSIGNMENT. SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL LIABILITY; CAPTIONS. Beneficiary may assign its rights and obligations hereunder by notice to Trustor. Trustor may not assign its rights or obligations hereunder, whether by contract or operation of law, without the prior written consent of Beneficiary, which may be withheld in Beneficiary's sole discretion. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and permitted assigns of Beneficiary and Trustor. All covenants 14