|
200603561
<br />redemption from any sale made in collecting such debt and (iii) exemption of the Trust Property
<br />from attachment, levy or sale under execution or exemption from civil process. To the fullest
<br />extent Grantor may do so, Grantor agrees that Grantor will not at any time insist upon, plead,
<br />claim or take the benefit or advantage of any law now or hereafter in force providing for any
<br />appraisement, valuation, stay, exemption, extension or redemption, or requiring foreclosure of
<br />this Deed of Trust before exercising any other remedy granted hereunder and Grantor, for
<br />Grantor and its successors and assigns, and for any and all persons ever claiming any interest in
<br />the Trust Property, to the extent permitted by law and except as otherwise provided herein or in
<br />the other Transaction Documents, hereby waives and releases all rights of redemption, valuation,
<br />appraisement, stay of execution, notice of election to mature or declare due the whole of the
<br />secured indebtedness and marshalling in the event of exercise by Trustee or Beneficiary of the
<br />power of sale or other rights hereby created.
<br />22. Remedies Not Exclusive. Beneficiary and Trustee shall be entitled to enforce
<br />payment and performance of the Obligations and to exercise all rights and powers under this
<br />Deed of Trust or under any of the other Transaction Documents or any laws now or hereafter in
<br />force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured,
<br />whether by deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise.
<br />Neither the acceptance of this Deed of Trust nor its enforcement, shall prejudice or in any
<br />manner affect Beneficiary's or Trustee's right to realize upon or enforce any other security now
<br />or hereafter held by Beneficiary and Trustee in connection with the Obligations, it being agreed
<br />that Beneficiary and Trustee shall be entitled to enforce this Deed of Trust and any other security
<br />now or hereafter held by Beneficiary or Trustee in connection with the Obligations in such order
<br />and manner as Beneficiary may determine in its absolute discretion. No remedy herein conferred
<br />upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein
<br />or by law provided or permitted, but each shall be cumulative and shall be in addition to every
<br />other remedy given hereunder or now or hereafter existing at law or in equity or by statute.
<br />Every power or remedy given by any of the Transaction Documents to Beneficiary or Trustee or
<br />to which either may otherwise be entitled, may be exercised, concurrently or independently, from
<br />time to time and as often as may be deemed expedient by Beneficiary or Trustee as the case may
<br />be. In no event shall Beneficiary or Trustee, in the exercise of the remedies provided in this
<br />Deed of Trust (including, without limitation, in connection with the assignment of Rents to
<br />Beneficiary, or the appointment of a receiver and the entry of such receiver on to all or any part
<br />of the Trust Property), be deemed a "mortgagee in possession," and neither Beneficiary nor
<br />Trustee shall in any way be made liable for any act, either of commission or omission, in
<br />connection with the exercise of such remedies except gross negligence or willful misconduct
<br />after Beneficiary takes possession or title.
<br />23. Multiple Security. If (a) the Premises shall consist of one or more parcels,
<br />whether or not contiguous and whether or not located in the same county, or (b) in addition to
<br />this Deed of Trust, Beneficiary shall now or hereafter hold or be the beneficiary of one or more
<br />additional mortgages, liens, deeds of trust or other security (directly or indirectly) for the
<br />Obligations upon other property in the State in which the Premises are located (whether or not
<br />such property is owned by Grantor or by others) or (c) both the circumstances described in
<br />clauses (a) and (b) shall be true, then to the fullest extent permitted by law, Beneficiary may, at
<br />its election, commence or consolidate in a single trustee's sale or foreclosure action all trustee's
<br />sale or foreclosure proceedings against all such collateral securing the Obligations (including the
<br />
|