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<br />200600614
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<br />Trust: (a) Trustor shall fail to observe or perform any obligation or agreement contained herein; (b) any
<br />representation or warranty of Trustor herein shall prove to be incorrect, false or misleading in any
<br />material respect when made; or (c) any default in the payment or performance of any obligation, or any
<br />defined event of default, under any provisions of the Note or any other contract, instrument or
<br />document executed in connection with, or with respect to, any Secured Obligation.
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<br />5.2 Rights and Remedies. Upon the occurrence of any Default, and at any time thereafter, Beneficiary
<br />and Trustee shall have all the following rights and remedies:
<br />a) With or without notice, to declare all Secured Obligations immediately due and payable in full.
<br />b) With or without notice, without releasing Trustor from any Secured Obligation and without
<br />becoming a mortgagee in possession, to cure any Default of Trustor and, in connection therewith:
<br />(i) to enter upon the Subject Property and to do such acts and things as Beneficiary or Trustee
<br />deems necessary or desirable to protect the security of this Deed of Trust, including without
<br />limitation, to appear in and defend any action or proceeding purporting to affect the security of this
<br />Deed of Trust or the rights or powers of Beneficiary or Trustee hereunder; (ii) to pay, purchase,
<br />contest or compromise any encumbrance, charge, lien or claim of lien which, in the judgment of
<br />either Beneficiary or Trustee, is senior in priority to this Deed of Trust, the judgment of Beneficiary
<br />or Trustee being conclusive as between the parties hereto; (iii) to obtain, and to pay any premiums
<br />or charges with respect to, any insurance required to be carried hereunder; and (iv) to employ
<br />counsel, accountants, contractors and other appropriate persons to assist them.
<br />c) To commence and maintain an action or actions in any court of competent jurisdiction to foreclose
<br />this Deed of Trust as a mortgage or to obtain specific enforcement of the covenants of Trustor
<br />under this Deed of Trust, and Trustor agrees that such covenants shall be specifically enforceable
<br />by injunction or any other appropriate equitable remedy. For the purposes of any suit brought
<br />under this subsection, Trustor waives the defenses of laches and any applicable statute of
<br />limitations.
<br />d) To apply to a court of competent jurisdiction for and obtain appointment of a receiver of the
<br />Subject Property as a matter of strict right and without regard to: (i) the adequacy of the security
<br />for the repayment of the Secured Obligations; (ii) the existence of a declaration that the Secured
<br />Obligations are immediately due and payable; or (iii) the filing of a notice of default; and Trustor
<br />consents to such appointment.
<br />e) To take and possess all documents, books, records, papers and accounts of Trustor or the then
<br />owner of the Subject Property; to make or modify Leases of, and other agreements with respect
<br />to, the Subject Property upon such terms and conditions as Beneficiary deems proper; and to
<br />make repairs, alterations and improvements to the Subject Property deemed necessary, in
<br />Trustee's or Beneficiary's judgment, to protect or enhance the security hereof.
<br />f) To execute or cause Trustee to execute a written notice of such Default and of its election to
<br />cause the Subject Property to be sold to satisfy the Secured Obligations. Trustee shall give and
<br />record such notice as the law then requires as a condition precedent to a trustee's sale. When the
<br />minimum period of time required by law after such notice has elapsed, Trustee, without notice to
<br />or demand upon Trustor, except as otherwise required by law, shall sell the Subject Property at
<br />the time and place of sale fixed by it in the notice of sale, at one or several sales, either as a
<br />whole or in separate parcels and in such manner and order, all as directed by Beneficiary in its
<br />sole discretion, at public auction to the highest bidder for cash, in lawful money of the United
<br />States, payable at the time of sale. Except as required by law, neither Trustor nor any other
<br />person or entity shall have the right to direct the order in which the Subject Property is sold.
<br />Subject to requirements and limits imposed by law, Trustee may postpone any sale of the Subject
<br />Property by public announcement at such time and place of sale, and from time to time may
<br />postpone such sale by public announcement at the time and place fixed by the preceding
<br />postponement. Trustee shall deliver to the purchaser at such sale a deed conveying the Subject
<br />Property or portion thereof so sold, but without any covenant or warranty, express or implied. The
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