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200313220 5. Performance by Beneficiary (Self Help). a. If an Event of Default has occurred and is continuing, or if any action or proceeding is commenced which, in the sole judgment of Beneficiary or Trustee, materially and adversely affects Beneficiary's or Trustee's interest in or the value of the Trust Estate, including, but, not limited to, eminent domain proceedings, proceedings involving a decedent, a notice of sale by Trustee, a notice of default by Trustee, a mortgage foreclosure action, or if Trustor fails to pay its debts generally as they become due, then Beneficiary or Trustee, at its option and without notice to or demand upon Trustor and without releasing Trustor from any Obligation, may make such appearances, disburse such sums and take such action as is necessary in order to protect Beneficiary's or Trustee's interest in the Trust Estate, including, but not limited to (a) appearance in and prosecution or defense of any legal action or proceeding which affects or may affect the Trust Estate; (b) disbursement of attorneys' fees; (c) payment, purchase, contest, or compromise of any encumbrance, charge or lien upon the Trust Estate; (d) entry upon the Trust Estate to make repairs or to otherwise restore or protect the Trust Estate or any part thereof; or (e) declaration of an Event of Default under this Trust Deed, and sale or foreclosure hereunder. b. Any amounts disbursed by Beneficiary or Trustee pursuant to this Section (5) shall become additional Obligations of Trustor secured by this Trust Deed. Such amounts shall be payable immediately upon notice from Beneficiary or Trustee to Trustor requesting payment thereof, and shall bear interest from the date of such notice at the Default Rate of Interest. Nothing contained in this Section (5) shall obligate the Beneficiary or Trustee to incur any expense or take any action hereunder, and Beneficiary and Trustee shall not incur any liability as a result of any actions they may take or omit to take hereunder. 6. Actions Affecting Trust Estate. Trustor, at its own expense, shall appear in and contest vigorously any action or proceeding purporting to adversely affect the Trust Estate or the rights and powers of Beneficiary or Trustee hereunder, and shall pay all costs and expenses, including the cost of evidence of title and attorneys' fees to the fullest extent permitted by Governing Law, in any such action or proceeding. 7. Events of Default. Any of the following shall constitute an "Event of Default" hereunder: a. Borrower's failure to pay any payment on or before that date which is ten (10) days after the date on which any payment is due from Trustor to Beneficiary or Trustee under the Alpha Note, or the Beta Note, or any Loan Document; b. Borrower's failure to cure any nonmonetary default or other obligation on or before that date which is thirty (30) days after notice of the breach or default by Trustor of any other nonmonetary term, covenant, agreement, condition, provision, representation, or warranty of this Trust Deed, other than is set forth in paragraph 7.a. above, or, if such breach or default cannot be cured within such thirty (30) period with the exercise of all due diligence and Trustor commences to cure the same with all due diligence before the expiration of such thirty (30) day period, within such period of time as may be necessary to cure the same with the exercise of all due diligence; C. The occurrence of an Event of Default as defined in any other Loan Document; d. The transfer by agreement or operation of law of equitable title to all or any portion of the Trust Estate, or the existence or imposition of any lien (other than liens expressly permitted or created by any Loan Instrument) covering all or any portion of the Trust Estate, without the L0553199.1 -7-