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<br />200704125 <br /> <br />Documents. The failure of Trustee to exercise any right, remedy or option <br />provided in the Loan Agreement, this Deed of Trust or the other Loan Documents <br />shall not be deemed a waiver of such right, remedy or option or of any covenant <br />or obligation secured by the Loan Agreement, this Deed of Trust or the other <br />Loan Documents. No acceptance by Trustee of any payment after the occurrence <br />of any Event of Default and no payment by Trustee of any obligation for which <br />Grantor is liable hereunder shall be deemed to waive or cure any Event of Default <br />with respect to Grantor, or Grantor's liability to pay such obligation. No sale of <br />all or any portion of the Trust Property, no forbearance on the part of Trustee, and <br />no extension of time for the payment of the whole or any portion of the <br />Obligations or any other indulgence given by Trustee to Grantor, shall operate to <br />release or in any manner affect the interest of Trustee in the remaining Trust <br />Property or, subject to the provisions of Article 42, the liability of Grantor to pay <br />the Obligations. No waiver by Trustee shall be effective unless it is in writing and <br />then only to the extent specifically stated. <br /> <br />19.5. The interests and rights of Trustee under the Loan Agreement, this <br />Deed of Trust or the other Loan Documents shall not be impaired by any <br />indulgence, including: (i) any renewal, extension or modification which Trustee <br />may grant with respect to any of the Obligations; (ii) any surrender, compromise, <br />release, renewal, extension, exchange or substitution which Trustee may grant <br />with respect to the Trust Property or any portion thereof; or (iii) any release or <br />indulgence granted to any maker, endorser, guarantor or surety of any of the <br />Obligations. <br /> <br />19.6. Grantor hereby expressly waives and releases to the fullest extent <br />permitted by Legal Requirements, the pleading of any statute of limitations as a <br />defense to payment of the Obligations or performance of its obligations under any <br />of the Loan Documents. <br /> <br />20. Exercise of Trustee's Power of Sale. <br /> <br />20.1. Upon the occurrence and during the continuation of any Event of <br />Default, should Beneficiary elect to have Trustee exercise the power of sale <br />herein contained, Beneficiary shall deliver to Trustee a written declaration of <br />default and demand for sale, and shall deposit with Trustee this Deed of Trust and <br />the Note. <br /> <br />20.2. Upon receipt of such items from Beneficiary, Trustee shall cause to <br />be recorded, published and/or delivered to Grantor such notice of default and <br />election to sell as may then be required by Legal Requirements and by this Deed <br />of Trust. After giving notice of default and notice of sale, and the lapse of such <br />time period as may be required by Legal Requirements, Trustee may, without <br />demand on Grantor, at the time and place of sale fixed in the notice of sale, either <br />as a whole or in separate parcels or items or through two or more successive sales, <br />sell the Trust Property or any part thereof at public auction to the highest bidder <br />for cash in lawful money of the United States payable at the time of sale. Grantor <br /> <br />13 <br />