|
or the right of the Beneficiary thereafter to exercise any right or remedy under the Financing
<br />Documents for such Event of Default.
<br />4.08 WAIVER OF REDEMPTION NOTICE MARSHALLING ETC.
<br />NOTWITHSTANDING ANYTHING HEREIN CONTAINED TO THE CONTRARY, TO THE
<br />EXTENT PERMITTED BY LAW, THE TRUSTOR: (A) ACKNOWLEDGING THAT IT IS
<br />AWARE OF AND HAS HAD THE ADVICE OF COUNSEL OF ITS CHOICE WITH
<br />RESPECT TO ITS RIGHTS HEREUNDER, WILL NOT (I) AT ANY TIME INSIST UPON,
<br />OR PLEAD, OR IN ANY MANNER WHATSOEVER, CLAIM OR TAKE ANY BENEFIT OR
<br />ADVANTAGE OF ANY STAY OR EXTENSION OR MORATORIUM LAW, PRESENT OR
<br />FUTURE STATUTE OF LIMITATIONS, ANY LAW RELATING TO THE
<br />ADMINISTRATION OF ESTATES OF DECEDENTS, APPRAISEMENT, VALUATION,
<br />REDEMPTION, STATUTORY RIGHT OF REDEMPTION, OR THE MATURING OR
<br />DECLARING DUE OF THE WHOLE OR ANY PART OF THE OBLIGATIONS, NOTICE OF
<br />INTENTION OF SUCH MATURING OR DECLARING DUE, OTHER NOTICE (WHETHER
<br />OF DEFAULTS, ADVANCES, THE CREATION, EXISTENCE, EXTENSION OR
<br />RENEWAL OF ANY OF THE OBLIGATIONS OR OTHERWISE, EXCEPT FOR RIGHTS
<br />TO NOTICES EXPRESSLY GRANTED HEREIN OR IN THE FINANCING DOCUMENTS),
<br />SUBROGATION, ANY SET -OFF RIGHTS, HOMESTEAD OR ANY OTHER EXEMPTIONS
<br />FROM EXECUTION OR SALE OF THE TRUST PROPERTY OR ANY PART THEREOF,
<br />WHEREVER ENACTED, NOW OR AT ANY TIME HEREAFTER IN FORCE, WHICH MAY
<br />AFFECT THE COVENANTS AND TERMS OF PERFORMANCE OF THIS DEED OF
<br />TRUST, OR (II) CLAIM, TAKE OR INSIST UPON ANY BENEFIT OR ADVANTAGE OF
<br />ANY LAW NOW OR HEREAFTER IN FORCE PROVIDING FOR THE VALUATION OR
<br />APPRAISAL OF THE TRUST PROPERTY OR ANY PART THEREOF, PRIOR TO ANY
<br />SALE OR SALES THEREOF WHICH MAY BE MADE PURSUANT TO ANY PROVISION
<br />HEREOF, OR PURSUANT TO THE DECREE, JUDGMENT OR ORDER OF ANY COURT
<br />OF COMPETENT JURISDICTION; OR (III) AFTER ANY SUCH SALE OR SALES, CLAIM
<br />OR EXERCISE ANY RIGHT UNDER ANY STATUTE HERETOFORE OR HEREAFTER
<br />ENACTED TO REDEEM THE TRUST PROPERTY SO SOLD OR ANY PART THEREOF;
<br />AND (B) COVENANTS NOT TO HINDER, DELAY OR IMPEDE THE EXECUTION OF
<br />ANY POWER HEREIN GRANTED OR DELEGATED TO THE BENEFICIARY, BUT TO
<br />SUFFER AND PERMIT THE EXECUTION OF EVERY POWER. THE TRUSTOR, FOR
<br />ITSELF AND ALL WHO MAY CLAIM UNDER IT, WAIVES, TO THE EXTENT THAT IT
<br />LAWFULLY MAY, ALL RIGHT TO HAVE THE TRUST PROPERTY MARSHALLED
<br />UPON ANY FORECLOSURE HEREOF.
<br />4.09 _Expenses of Enforcement. In connection with any action to enforce any remedy
<br />of the Beneficiary or the Trustee under this Deed of Trust, the Trustor agrees to pay all costs and
<br />expenses which may be paid or incurred by or on behalf of the Beneficiary or the Trustee,
<br />including, without limitation, reasonable attorneys' fees, receiver's fees, appraiser's fees, outlays
<br />for documentary and expert evidence, stenographer's charges, publication costs, and costs
<br />(which may be estimated as to items to be expended after entry of the decree) of procuring all
<br />such abstracts of title, title searches and examinations, title insurance policies and similar data
<br />and assurances with respect to title and value as the Beneficiary or the Trustee may deem
<br />necessary or desirable, and neither the Beneficiary nor any other Person shall be required to
<br />accept tender of any portion of the Obligations unless the same be accompanied by a tender of all
<br />15
<br />
|