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<br />#1060655 v4 <br /> <br />200605551 <br /> <br />contemplated hereby; (b) not to change its name, and as applicable, its chief <br />executive office, its principal residence or the jurisdiction in which it is organized <br />and/or registered without giving Beneficiary prior written notice thereof; (c) to <br />cooperate with Beneficiary in perfecting all security interests granted herein and <br />in obtaining such agreements from third parties as Beneficiary deems necessary, <br />proper or convenient in connection with the preservation, perfection or <br />enforcement of any of its rights hereunder; and (d) that Beneficiary is authorized <br />to file financing statements in the name of Grantor to perfect Beneficiary's <br />security interest in Collateral. <br /> <br />4.4 RIGHTS OF BENEFICIARY. In addition to Beneficiary's rights as a "Secured <br />Party" under the DCC, Beneficiary may, but shall not be obligated to, at any time <br />without notice and at the expense of Grantor: (a) give notice to any person of <br />Beneficiary's rights hereunder and enforce such rights at law or in equity; <br />(b) insure, protect, defend and preserve the Collateral or any rights or interests of <br />Beneficiary therein; (c) inspect the Collateral; and (d) endorse, collect and receive <br />any right to payment of money owing to Grantor under or from the Collateral. <br />Notwithstanding the above, in no event shall Beneficiary be deemed to have <br />accepted any property other than cash in satisfaction of any obligation of Grantor <br />to Beneficiary unless Beneficiary shall make an express written election of said <br />remedy under the DCC, or other applicable law. <br /> <br />4.5 RIGHTS OF BENEFICIARY ON DEFAULT. Upon the occurrence of a <br />Default (hereinafter defined) under this Deed of Trust, then in addition to all of <br />Beneficiary's rights as a "Secured Party" under the UCC or otherwise at law: <br /> <br />(a) Beneficiary may (i) upon written notice, require Grantor to assemble any <br />or all of the Collateral and make it available to Beneficiary at a place <br />designated by Beneficiary; (ii) without prior notice, enter upon the Subject <br />Property or other place where any of the Collateral may be located and <br />take possession of, collect, sell, lease, license and dispose of any or all of <br />the Collateral, and store the same at locations acceptable to Beneficiary at <br />Grantor's expense; (iii) sell, assign and deliver at any place or in any <br />lawful manner all or any part of the Collateral and bid and become the <br />purchaser at any such sales; <br /> <br />(b) Beneficiary may, for the account of Grantor and at Grantor's expense: <br />(i) operate, use, consume, sell, lease, license or dispose of the Collateral as <br />Beneficiary deems appropriate for the purpose of performing any or all of <br />the Secured Obligations; (ii) enter into any agreement, compromise, or <br />settlement, including insurance claims, which Beneficiary may deem <br />desirable or proper with respect to any of the Collateral; and (iii) endorse <br />and deliver evidences of title for, and receive, enforce and collect by legal <br />action or otherwise, all indebtedness and obligations now or hereafter <br />owing to Grantor in connection with or on account of any or all of the <br />Collateral; and¯ <br />8 <br />