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200603561
<br />S. Beneficiary's Right to Perform. If Grantor fails to perform any of the covenants
<br />or agreements of Grantor within the applicable notice and grace period, if any, Beneficiary or
<br />Trustee, without waiving or releasing Grantor from any obligation or default under this Deed of
<br />Trust, may, at any time (but shall be under no obligation to) pay or perform the same, and the
<br />amount or cost thereof, with interest at the Default Rate, shall immediately be due from Grantor
<br />to Beneficiary or Trustee. To the extent that any such amounts or costs paid by Beneficiary or
<br />Trustee shall constitute payment of (i) real estate taxes and assessments; (ii) premiums on
<br />insurance policies covering the Premises; (iii) expenses incurred in upholding or enforcing the
<br />lien of this Deed of Trust, including, but not limited to the expenses of any litigation to prosecute
<br />or defend the rights and lien created by this Deed of Trust; or (iv) any amount, costs or charge to
<br />which Beneficiary or Trustee becomes subrogated, upon payment, whether under recognized
<br />principles of law or equity, or under express statutory authority; then, and in each such event,
<br />such amounts or costs, together with interest thereon at the Default Rate, shall be added to the
<br />Obligations and shall be secured by this Deed of Trust and shall be a lien on the Trust Property
<br />prior to any right, title to, interest in, or claim upon the Trust Property attaching subsequent to
<br />the lien of this Deed of Trust. No payment or advance of money by Beneficiary or Trustee under
<br />this Section shall be deemed or construed to cure Grantor's default or waive any right or remedy
<br />of Beneficiary or Trustee. Upon the occurrence and during the continuance of any Event of
<br />Default or if Grantor fails to make any payment or to do any act as herein provided, Beneficiary
<br />may, but without any obligation to do so and without notice to or demand on Grantor and
<br />without releasing Grantor from any obligation hereunder, make or do the same in such manner
<br />and to such extent as Beneficiary may deem necessary to protect the security hereof. Beneficiary
<br />is authorized to enter upon the Real Estate for such purposes, or appear in, defend, or bring any
<br />action or proceeding to protect its interest in the Real Estate or to foreclose this Deed of Trust or
<br />collect the Obligations, and the cost and expense thereof (including reasonable attorneys' fees to
<br />the extent permitted by law), with interest at the Default Rate, shall constitute a portion of the
<br />Obligations and shall be due and payable to Beneficiary upon demand. All other costs and
<br />expenses incurred by Beneficiary in remedying such Event of Default or such failed payment or
<br />act or in appearing in, defending, or bringing any such action or proceeding (including
<br />reasonable attorneys' fees to the extent permitted by law) shall bear interest at the Default Rate,
<br />for the period after notice from Beneficiary that such cost or expense was incurred to the date of
<br />payment to Beneficiary. All such other costs and expenses incurred by Beneficiary together with
<br />interest thereon calculated at the Default Rate shall be deemed to constitute a portion of the
<br />Obligations and be secured by this Deed of Trust and the other Transaction Documents and shall
<br />be immediately due and payable upon demand by Beneficiary therefor.
<br />9. Remedies.
<br />(a) To the extent permitted by applicable law, upon the occurrence and during
<br />the continuance of any Event of Default, in addition to any other rights and remedies Beneficiary
<br />may have pursuant to the Transaction Documents, or as provided by law, and without limitation,
<br />Beneficiary may immediately take such action, without notice or demand, as it deems advisable
<br />to protect and enforce its rights against Grantor and in and to the Trust Property, including, but
<br />not limited to, the following actions, each of which may be pursued concurrently or otherwise, at
<br />such time and in such manner as Beneficiary may determine, in its sole discretion, without
<br />impairing or otherwise affecting the other rights and remedies of Beneficiary:
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