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200608869 Trustor has failed to make or perform hereunder, (v) appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of the Beneficiary or the Trustee, (vi) pay, purchase, contest or compromise any encumbrance, charge or Lien on the Trust Property, and (vii) take such other actions as the Beneficiary or the Trustee deem necessary or desirable; (b) commence and maintain one or more actions at law or in equity or by any other appropriate remedy (i) to protect and enforce the rights of the Beneficiary or the Trustee hereunder, including for the specific performance of any covenant or agreement herein contained (which covenants and agreements the Trustor agrees shall be specifically enforceable by injunctive or other appropriate equitable remedy), (ii) to collect any sum then due hereunder, (iii) to aid in the execution of any power herein granted, or (iv) to foreclose this Deed of Trust in accordance with Section 4.03 hereof, (c) exercise any or all of the remedies available to a secured party under the UCC; (d) by notice to the Trustor (to the extent such notice is required to be given under the Financing Documents), but without formal demand, presentment, notice of intention to accelerate or of acceleration, protest or notice of protest, all of which are hereby waived by the Trustor, declare all of the Obligations immediately due and payable, and upon such declaration all of such Obligations shall become and be immediately due and payable, anything in this Deed of Trust or the other Financing Documents to the contrary notwithstanding; and (e) exercise any other right or remedy available to the Beneficiary under the Financing Documents or under applicable law. 4.03 Right of Foreclosure. (a) Upon the occurrence and continuation of an Event of Default, the Beneficiary shall have the right, in its sole discretion, to cause the Trustee to proceed at law or in equity to foreclose this Deed of Trust with respect to all or any portion of the Trust Property, either by judicial action or by power of sale. If the Trust Property consists of several lots, parcels or items of Trust Property, the Beneficiary may, in its sole discretion request the Trustee to: (i) designate the order in which such lots, parcels or items shall be offered for sale or sold, or (ii) elect to sell such lots, parcels or items through a single sale, or through two or more successive sales, or in any other manner the Beneficiary may elect. Should the Beneficiary desire that more than one sale or other disposition of the Trust Property be conducted, the Beneficiary may, at its option, cause the same to be conducted simultaneously, or successively, on the same day, or at such different days or times and in such order as the Beneficiary may elect, and no such sale shall terminate or otherwise affect the Lien of this Deed of Trust on any part of the Trust Property not sold until all Obligations have been fully paid in cash and performed. The Beneficiary may elect to sell the Trust Property for cash or credit. The Beneficiary may, to the extent permitted by law, cause the Trustee to adjourn from time to time any sale by it to be made under or by virtue of this Deed of Trust by announcement at the time and place appointed for such sale or for such adjourned sale or sales; and, to the extent permitted by law, the Beneficiary may cause the Trustee to make such sale at the time and place to which the same shall be so adjourned. Following the occurrence and during the continuance of an 12