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<br />l <br />b' <br /> <br /> <br />I <br /> <br />~ <br />Ii <br />!" <br />I' <br />.\ <br />~ <br />~ <br />~ <br />[, <br />Ii........... <br />, <br /> <br />; <br /> <br /> <br />~. <br /> <br /> <br />L <br /> <br />I <br /> <br />88-1000,24 <br /> <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 DefEnd t 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 otherwise provided in <br />the Loan Agreement or by la~, ~nd 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 />equi ty 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 with 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 <br /> <br />-22- <br /> <br />L <br /> <br />L <br /> <br /> <br />.---- <br /> <br />-.J <br /> <br /> <br />( <br />