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200602197 invalidate any act done in response to such default or pursuant to such notice of default and, notwithstanding the continuance in possession of the Mortgaged Estate or the collection, receipt and application of rents, issues or profits, the Beneficiary shall be entitled to exercise every right provided for in any of the Financing Documents or by law upon occurrence of any Event of Default, including the right to exercise the power of sale herein conferred; (c) Commence an action to foreclose this Deed of Trust (either judicially or non - judicially), appoint a receiver, specifically enforce any of the covenants hereof, or sell the Mortgaged Estate pursuant to the power of sale herein conferred; (d) Exercise any or all of the remedies available to a secured party under the UCC, including, but not limited to: (1) Either personally or by means of a court appointed receiver, commissioner or other officer, take possession of all or any of the Personal Property and exclude therefrom the Grantor and all others claiming under the Grantor, and thereafter hold, store, use, operate, manage, maintain and control, make repairs, replacements, alterations, additions and improvements to and exercise all rights and powers of the Grantor in respect of the Personal Property or any part thereof. In the event the Beneficiary demands or attempts to take possession of the Personal Property in the exercise of any rights under any of the Financing Documents, the Grantor promises and agrees to promptly turn over and deliver complete possession thereof to the Beneficiary; (2) Without notice to or demand upon the Grantor, make such payments and do such acts as the Beneficiary may deem necessary to protect its security interest in the Personal Property, including, without limitation, paying, purchasing, contesting or compromising any encumbrance, charge or lien which is prior to or superior to the security interest granted hereunder and, in exercising any such powers or authority, to pay all expenses incurred in connection therewith; (3) Require the Grantor to assemble the Personal Property or any portion thereof, at a place designated by the Beneficiary and reasonably convenient to both parties, and promptly to deliver such Personal Property to the Beneficiary, or an agent or representative designated by it. The Beneficiary, and its agents and representatives, shall have the right to enter upon any or all of the Grantor's premises and property to exercise the Beneficiary's rights hereunder; (4) Sell, lease or otherwise dispose of the Personal Property at public sale, with or without having the Personal Property at the place of sale, and upon such terms and in such manner as the Beneficiary may determine. The Beneficiary may be a purchaser at any such sale; and (5) Unless the Personal Property is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, the Beneficiary shall give the Grantor at least 10 days' prior written notice of the time and place of any public sale of the Personal Property or other intended disposition thereof. Such notice may be mailed to the Grantor at the address set forth at the beginning hereof and shall be deemed to be given on the date of mailing thereof; and -15-