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200709869 proceeds of sale (I) first, to payment of all actual out-of-pocket costs, fees and expenses, including reasonable attorneys' fees and expenses incurred by the Beneficiary in exercising the power of sale or foreclosing this Deed of Trust, and (2) second, in accordance with the provisions of the Financing Documents to the outstanding Secured Obligations. (d) The Deed Trustee may in the manner provided by law postpone sale of all or any portion of the Encumbered Property. (e) The Beneficiary shall have the option to proceed with foreclosure in satisfaction of any part of the Secured Obligations without declaring the whole of the Secured Obligations as immediately matured, and such foreclosure may be made subject to the unmatured part of the Secured Obligations, and it is agreed that such foreclosure, if so made, shall not in any manner affect the unmatured part of the Secured Obligations, but as to such unmatured part this Deed of Trust, as well as the other Financing Documents, shall remain in full force and effect just as though no foreclosure had been made. Several foreclosures may be made without exhausting the right of foreclosure for any unmatured part of the Secured Obligations, it being the intention of the parties to provide for a foreclosure and sale of the security for any matured portion of the Secured Obligations without exhausting the power of foreclosure and power to sell the Encumbered Property for any other part of the Secured Obligations. If more than one property, lot, or parcel or estate is encumbered by this Deed of Trust, and if this Deed of Trust is foreclosed upon, or judgment is entered upon any obligation secured hereby, or if Beneficiary exercises its power of sale, execution may be made upon or Beneficiary may exercise its power of sale against any one or more of the properties, lots, or parcels or estates and not upon the others, or upon all of such properties or parcels or estates, either together or separately, and at different times or at the same time, and execution sales or sales by advertisement likewise may be conducted separately or concurrently, in each case at Beneficiary's election. Section 4.04. Appointment of Receiver. If an Event of Default (which is not cured within any applicable cure period) shall have occurred, the Beneficiary, as a matter of right and without notice to the Grantor or anyone claiming under the Grantor, and without regard to the value of the Encumbered Property or the interest of the Grantor therein; shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers of the Encumbered Property and the Grantor hereby irrevocably consents to such appointment and waives notice of any application therefor. Any such receiver or receivers shall have all the usual powers and duties of receivers in like or similar cases and all the powers and duties of the Beneficiary in case of entry as provided in Section 5.02(b) hereof and shall continue as such and exercise all such powers until the date of confirmation of sale of the Encumbered Property unless such receivership is sooner terminated. The Beneficiary shall, in addition to and not in limitation of any of the foregoing or any other remedies provided herein or otherwise available under applicable law, have all of the rights provided under the laws of the State. Section 4.05. Remedies Not Exclusive. The Beneficiary shall be entitled to enforce payment and performance of any Secured Obligation hereby and to exercise all rights and powers hereunder or under any Financing Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Secured Obligations which may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance hereof nor its enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect the Beneficiary's right to realize upon or enforce any other security now or hereafter held by the Beneficiary, it being agreed that the Beneficiary shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by the Beneficiary in such order and manner as it may in its absolute discretion determine. No remedy herein conferred upon or reserved to the Beneficiary is intended to be exclusive of any other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Financing -13-