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200609881 renovations, repairs, and replacements to the Improvements, as Beneficiary, in its sole discretion, deems proper or appropriate. The obligation of Grantor to pay such amounts and all expenses incurred by Beneficiary in the exercise of its rights hereunder shall be included in the Secured Obligations and shall accrue interest at the Default Rate, unless collection from Grantor of interest at such rate would be contrary to Applicable Law, in which event such amounts shall bear interest at the highest rate which may be collected from Grantor under Applicable Law. (f) Partial Sales. Grantor agrees that in case Beneficiary, in the exercise of the power of sale contained herein or in the exercise of any other rights hereunder given, elects to sell in parts or parcels, said sales may be held from time to time and that the power shall not be exhausted until all of the Mortgaged Property not previously sold shall have been sold, notwithstanding that the proceeds of such sales exceed, or may exceed, the Secured Obligations. (g) Assembly of Mortgaged Pro ert . Upon the occurrence of any Event of Default, Beneficiary may require Grantor to assemble that portion of the Mortgaged Property consisting of personal property and make it available to Beneficiary, at Grantor's sole risk and expense, at a place or places to be designated by Beneficiary which are reasonably convenient to both Beneficiary and Grantor. (h) Power of Attorney. Grantor hereby irrevocably constitutes and appoints Beneficiary as Grantor's true and lawful attorney in fact, exercisable only after the occurrence of and during the continuance of an Event of Default, to take any action with respect to the Mortgaged Property to preserve, protect, or realize upon Beneficiary's interest therein, each at the sole risk, cost and expense of Grantor, but for the sole benefit of Beneficiary. The rights and powers granted Beneficiary by the within appointment include, but are not limited to, the right and power to; (i) prosecute, defend, compromise, settle, or release any action relating to the Mortgaged Property; (ii) endorse the name of Grantor in favor of Beneficiary upon any and all checks or other items constituting Revenues; (iii) enter into leases or subleases relative to all or a portion of the Land or the Improvements; (iv) enter into any contracts or agreements relative to, and to take all action deemed necessary in connection with, the construction of any Improvements on the Land; (v) manage, operate, maintain, or repair the Land and the Improvements pursuant to Contracts or otherwise; and (vi) exercise the rights of Grantor under any Property Leases or any Contracts. Beneficiary shall not be obligated to perform any of such acts or to exercise any of such powers, but if Beneficiary elects so to perform or exercise, Beneficiary shall not be accountable for more than it actually receives as a result of such exercise of power, and shall not be responsible to Grantor except for Beneficiary's willful misconduct, gross negligence or bad faith, as determined by a court of competent jurisdiction by final and nonappealable judgment. All powers conferred upon Beneficiary by this Deed of Trust, being coupled with an interest, shall be irrevocable until terminated by a written instrument executed by a duly authorized officer of Beneficiary. 20 MA