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200600597 4.10 Leases. Beneficiary, at its option, is authorized to foreclose this Instrument subject to the rights of any tenants of the Premises, and the failure to make any such tenants parties to any such foreclosure proceedings and to foreclose their rights will not be, nor be asserted to be by Grantor, a defense to any proceedings instituted by Beneficiary to collect the Obligations secured hereby. 4.11 Discontinuance of Proceedings and Restoration of the Parties. In case Trustee or Beneficiary shall have proceeded to enforce any right, power or remedy under this Instrument by foreclosure, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, then and in every such case Grantor and Beneficiary shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Beneficiary shall continue as if no such proceeding had been taken. 4.12 Remedies Cumulative. No right, power or remedy conferred upon or reserved to Beneficiary by this Instrument is intended to be exclusive of any other right, power or remedy or exclusive of any other right, power or remedy conferred by statute, but each and every such right, power and remedy shall be cumulative and concurrent and shall be in addition to any other right, power and remedy given hereunder or now or hereafter existing at law or in equity or by statute. 4.13 Waiver. 4.13.01 No delay or omission of Beneficiary to exercise any right, power or remedy accruing upon any default shall exhaust or impair any such right, power or remedy or shall be construed to be a waiver of any such default, or acquiescence therein; and every right, power and remedy given by this Instrument to Beneficiary may be exercised from time to time and as often as may be deemed expedient by Beneficiary. No consent or waiver, expressed or implied, by Beneficiary to or of any breach or default by Grantor in the performance of the obligations imposed by this Instrument shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of Grantor hereunder. Failure on the part of Beneficiary to complain of any act or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by Beneficiary of its rights hereunder or impair any rights, powers or remedies consequent on any breach or default by Grantor. 4.13.02 If Beneficiary (i) grants forbearance or an extension of time for the payment or satisfaction of the Obligations secured hereby; (ii) takes other or additional security for the payment of the Obligations secured hereby; (iii) waives or does not exercise any right granted herein or in the Credit Agreement; (iv) releases any part of the Premises from the lien of this Instrument or otherwise changes any of the terms, covenants, conditions or agreements of the Credit Agreement or this Instrument; (v) consents to the filing of any map, plat or replat affecting the Premises; (vi) consents to the granting of any easement or other right affecting the Premises; or (vii) makes or consents to any agreement subordinating the lien hereof, any such act or omission shall not release, discharge, modify, change or affect the original liability under the Credit Agreement, this Instrument or any other obligation of Grantor or any subsequent purchaser of the Premises or any part thereof, or any maker, cosigner, endorser, surety or guarantor; nor shall any such act or omission preclude Beneficiary from exercising any right, -18-