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<br />200709869
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<br />forth in the Financing Documents shall run concurrently with any and all applicable grace, cure and
<br />notice periods set forth in this Deed of Trust.
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<br />Section 4.02. Acceleration Upon Default; Additional Remedies. Dpon the occurrence of an
<br />Event of Default, the Beneficiary may, at the Beneficiary's sole option exercised in the Beneficiary's sole
<br />discretion, pursue anyone or more of the following remedies:
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<br />(a) Declare all or any portion ofthe Secured Obligations to be due and payable, and the same
<br />shall thereupon become due and payable.
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<br />(b) Either in person or by agent, with or without bringing any action or proceeding, or by a
<br />receiver appointed by a court, and without regard to the adequacy of its security, enter upon and take
<br />possession of the Encumbered Property or any part thereof and do any acts which it deems necessary or
<br />desirable to preserve the value, marketability or rentability of the Encumbered Property, or part thereof or
<br />interest therein, increase the income therefrom or protect the security hereof and, with or without taking
<br />possession of the Encumbered Property, take any action described in Article II, III or IV hereof, sue for
<br />or otherwise collect the rents, issues and profits thereof, including those past due and unpaid, and apply
<br />the same, less costs and expenses of operation and collection including reasonable attorneys' fees, upon
<br />any Secured Obligations, all in such order as the Beneficiary may determine. The entering upon and
<br />taking possession of the Encumbered Property, the taking of any action described in Article II, III or IV
<br />hereof, the collection of such rents and the application thereof as aforesaid, shall not cure or waive any
<br />default or notice of default or invalidate any act done in response to such default or pursuant to such
<br />notice of default and, notwithstanding the continuance in possession of the Encumbered Property or the
<br />collection, receipt and application of rents, issues or profits, the Beneficiary shall be entitled to exercise
<br />every right provided for in any of the Financing Documents or by law upon occurrence of any Event of
<br />Default, including the right to exercise the power of sale herein conferred;
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<br />(c) Proceed to sell the Encumbered Property pursuant to the power of sale herein conferred
<br />or commence an action to foreclose this Deed of Trust as a mortgage (either judicially or non-judicially),
<br />appoint a receiver, or specifically enforce any of the covenants hereof;
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<br />(d) Exercise any or all ofthe remedies available to a secured party under the Dee, including,
<br />but not limited to:
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<br />(1) Either personally or by means of a court appointed receiver, commissioner or
<br />other officer, take possession of all or any of the Personal Property and exclude therefrom the
<br />Grantor and all others claiming under the Grantor, and thereafter hold, store, use, operate,
<br />manage, maintain and control, make repairs, replacements, alterations, additions and
<br />improvements to and exercise all rights and powers of the Grantor in respect of the Personal
<br />Property or any part thereof. In the event the Beneficiary demands or attempts to take possession
<br />of the Personal Property in the exercise of any rights under any of the Financing Documents, the
<br />Grantor promises and agrees to promptly turn over and deliver complete possession thereof to the
<br />Beneficiary;
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<br />(2) Without notice to or demand upon the Grantor, make such payments and do such
<br />acts as the Beneficiary may deem necessary to protect its security interest in the Personal
<br />Property, including, without limitation, paying, purchasing, contesting or compromising any
<br />encumbrance, charge or lien which is prior to or superior to the security interest granted
<br />hereunder and, in exercising any such powers or authority, to pay all expenses incurred in
<br />connection therewith;
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