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<br />200600597
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<br />any part thereof, or any liens, titles, rights, powers or remedies of Beneficiary hereunder, but
<br />such liens, titles, rights, powers and remedies of Beneficiary shall continue unimpaired as before.
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<br />(h) In the case of a sale (pursuant to the private power of sale provided
<br />for in this Section 4.06, an order, decree or judgment of foreclosure or otherwise), the Premises
<br />may, at Beneficiary's election, be sold in one parcel or in any number of parcels. Upon the
<br />execution of a good and sufficient instrument conveying, assigning and transferring all estate,
<br />right, title and interest in and to the property and rights sold in accordance with the provisions of
<br />this Section 4.06, the recitals therein of facts such as the terms of the sale, the purchase, payment
<br />of purchase money and other facts affecting the regularity or validity of such sale shall be
<br />conclusive proof of the truthfulness thereof, that such sale was regularly and validly made, and
<br />any such instrument shall be conclusive against all persons as to all matters and facts recited
<br />therein.
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<br />(i) Beneficiary may, in addition to and not in abrogation of the rights
<br />covered under this Section 4.06, either with or without entry or taking possession as herein
<br />provided or otherwise, proceed or direct Trustee to proceed, as the case may be, by a suit or suits
<br />in law or in equity or by any other appropriate proceeding or remedy granted or conferred by
<br />applicable statutes (i) to enforce payment of the Obligations or the performance of any term,
<br />covenant, condition or agreement of this Instrument or any other right, and (ii) to pursue any
<br />other remedy available to it, all as Beneficiary shall determine most effectual for such purposes.
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<br />4.07 Application of Proceeds of Sale. In the event of a foreclosure sale of the
<br />Premises, either judicially or by private power of sale, the proceeds of said sale shall be applied,
<br />unless applicable statutes, shall specify otherwise, first, to the expenses of such sale and of all
<br />proceedings in connection therewith, including attorney's and trustee's fees, then to insurance
<br />premiums, liens, assessments, taxes and charges including utility charges advanced by
<br />Beneficiary, then to payment of the Obligations, and finally the remainder, if any, shall be paid
<br />to Grantor or as otherwise may be required by the provisions of applicable law.
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<br />4.08 Grantor as Tenant Holding Over. In the event of any such foreclosure sale by
<br />Beneficiary, Grantor shall be deemed a tenant holding over and shall forthwith deliver
<br />possession to the purchaser or purchasers at such sale or be summarily dispossessed according to
<br />provisions of law applicable to tenants holding over.
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<br />4.09 Waiver of Appraisement, Valuation, Stay, Extension and Redemption Laws.
<br />Grantor agrees, to the full extent permitted by law, that in case of a default on the part of Grantor
<br />hereunder, neither Grantor nor anyone claiming through or under Grantor shall or will set up,
<br />claim or seek to take advantage of any appraisement, valuation, stay, extension, homestead,
<br />exemption or redemption laws now or hereafter in force, in order to prevent or hinder the
<br />enforcement or foreclosure of this Instrument, or the absolute sale of the Premises, or the final
<br />and absolute putting into possession thereof, immediately after such sale, of the purchasers
<br />thereat, and Grantor, for itself and all who may at any time claim through or under Grantor,
<br />hereby waives to the full extent that it may lawfully so do, the benefit of all such laws, and any
<br />and all right to have the assets comprised in the security intended to be created hereby marshaled
<br />upon any foreclosure of the lien hereof.
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