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200505595 impounded funds against any sums due from Grantor to Beneficiary. Beneficiary shall give to Grantor an annual accounting showing all credits and debits to and from such impounded funds received from Grantor. 20. Right to Cure Defaults. If default in the performance of any of the covenants of Grantor herein occurs, Beneficiary or Trustee may, at their discretion following notice and reasonable opportunity to cure, remedy the same and for such purpose shall have the right to enter upon the Trust Property or any portion thereof without thereby becoming liable to Grantor or any person in possession thereof holding under Grantor. If Beneficiary or Trustee shall remedy such a default or appear in, defend, or bring any action or proceeding to protect their interest in the Trust Property or to foreclose this Deed of Trust or to sell the Trust Property pursuant to the provisions of this Deed of Trust or to collect the Debt, the costs and expenses thereof (including reasonable attorneys' fees to the extent permitted by law), with interest as provided in this paragraph, shall be paid by Grantor to Beneficiary upon demand and shall constitute part of the Debt secured by this Deed of Trust. All such costs and expenses incurred by Beneficiary or Trustee in remedying such default or in appearing in, defending, or bringing any such action or proceeding shall be paid by Grantor to Beneficiary upon demand, with interest accruing at the Default Rate (as defined in the Note). 21. Appointment of Receiver. Beneficiary or Trustee, in any action to foreclose this Deed of Trust or upon the actual or threatened waste to any part of the Trust Property or upon the occurrence of any default hereunder and following notice and the expiration of any cure period, shall be at liberty, without notice, to apply for the appointment of a receiver of the Rents, and shall be entitled to the appointment of such receiver as a matter of right, without regard to the value of the Trust Property as security for the Debt, or the solvency or insolvency of any person then liable for the payment of the Debt. 22. Non Waiver. The failure of Beneficiary or Trustee to insist upon strict performance of any term of this Deed of Trust shall not be deemed to be a waiver of any term of this Deed of Trust. Grantor shall not be relieved of Grantor's obligation to pay the Debt at the time and in the manner provided for its payment in the Note, the Security Agreement and this Deed of Trust by reason of (i) failure of Beneficiary or Trustee to comply with any request of Grantor to take any action to foreclose this Deed of Trust or sell the Trust Property pursuant to the provisions of this Deed of Trust or otherwise enforce any of the provisions hereof or of the Note, or any other deed of trust, mortgage, instrument or document evidencing, securing or guaranteeing payment of the Debt or any portion thereof, (ii) the release, regardless of consideration, of the whole or any part of the Trust Property or any other security for the Debt, or (iii) any agreement or stipulation between Beneficiary or Trustee and any subsequent owner or owners of the Trust Property or other person extending the time of payment or otherwise modifying or supplementing the terms of the Note, the Security Agreement, this Deed of Trust or any other deed of trust, mortgage, instrument or document evidencing, securing or guaranteeing payment of the Debt or any portion thereof, without first having obtained the consent of Grantor, and in the latter event, Grantor shall continue to be obligated to pay the Debt at the time and in the manner provided in the Note, the Security Agreement and this Deed of Trust, as so extended, modified and supplemented, unless expressly released and discharged from such obligation by Beneficiary in writing. Regardless of consideration, and without the necessity for any notice to CLT 837349v1 11