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<br />88-10002~
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<br />to exist if such default requires work to be performed, acts to be
<br />done, or conditions to be removed which cannot, by their nature,
<br />in Beneficiary's determination, reasonably be performed, done or
<br />removed, as the case may be, within such ten (10) day period, in
<br />which case no Event of Default shall be deemed to exist unless
<br />Mortgagor has not cured such event default within thirty (30) days
<br />after such default first occurs.
<br />
<br />3.1.3 If there shall occur (i) under the Loan
<br />Agreement an "Event of Default" (as such term is defined in the
<br />Loan Agreement), other than an Event of Default of the type
<br />described in Section 3.1.1 of this Deed of Trust, or (ii) under
<br />the Underlying Lease or any other lease, mortgage, covenant or
<br />agreement affecting the Premises which is superior in priority to
<br />this Deed of Trust, any default which is not cured prior to the
<br />expiration of any applicable cure period set forth in the Underly-
<br />ing Lease or such other lease, mortgage, covenant or agreement, or
<br />(iii) under any of the Mortgages an Event of Default, as therein
<br />defined.
<br />
<br />SECTION 3.2 Remedies in Case of an Event of Default.
<br />If an Event of Default shall have occurred and is continuing,
<br />Beneficiary may, without notice except as otherwi se provided in
<br />the Loan Agreement or by law, and in the form provided by law, in
<br />addi tion to any other action, take one or more of the following
<br />actions:
<br />
<br />(a) Beneficiary, at its option, may declare the
<br />entire unpaid amount of Indebtedness to be due and payable immedi-
<br />ately by delivery to Mortgagor of written declaration thereof and
<br />written notice of default;
<br />
<br />(b) The holder of the Note and any other Indebted-
<br />ness may at its election proceed by suitor suits at law or in
<br />equity to enforce the payment of such Indebtedness in accordance
<br />with the terms thereof and hereof, including the right to have a
<br />receiver appointed by a court of competent jurisdiction, and to
<br />foreclose the lien of this Deed of Trust as against all or any
<br />portion of the Mortgaged Property, and to have said property sold
<br />under the judgment or decree of a court of competent jurisdiction.
<br />
<br />(c) The Trustee, his successors, substitutes, or
<br />assigns in the trust created hereby, at the request of the holder
<br />of the Indebtedness, is hereby authorized, directed and empowered,
<br />after advertising the time, place, and terms of the sale of the
<br />Mortgaged Property in accordance with the provisions of applicable
<br />law (the "Legal Notice"), to (i) sell the Mortgaged Property, at
<br />public venue in accordance wi th such Legal Notice and in accor-
<br />dance with applicable law, and it is hereby agreed that the
<br />Trustee, his successors, substitutes, or assigns in such trust,
<br />may sell the Mortgaged Property, together or in lots or parcels,
<br />as to him shall seem expedient, (ii) after the sale as aforesaid,
<br />to execute and deliver to the purchaser or purchasers thereof good
<br />and sufficient appropriate instruments of conveyance to the
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