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<br />DEED OF TRUST
<br />(Continued)
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<br />200710071
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<br />Page 5
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<br />holder 01 another lien, or the use of funds or the dwelling lor prohibited purposes.
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<br />19. GRANTOR'S RIGHT TO CURE. Upon the occurrence 01 any Event Of Defaull (other than traud or malerial misrepresentation) and prior to
<br />exercising any of the rights and remedies provided in thiS Deed of Trust or by law, Lender Shall give notice as provided in the Deed of Trust and as
<br />required by applicable law.
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<br />20. RIGHTS AND REMEDIES ON DEFAll. T. Upon the occurrence of any Event of Detaull and at any lime thereal1er, Trustee or Lender, at its option,
<br />may exercise anyone or more of the following rights and remedies, in addition to any other rights or remedies provided by law:
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<br />Accelerlltlon upon Defllult; Addltionlll Remedies. If any event of defaull occurs Which is not cured within fil1een (15) days al1er notic:e, Lender
<br />may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and payable
<br />without any presentment, demand, protest or notice 01 any kind. Thereal1er, Lender may:
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<br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard
<br />to the adequacy 01 its security, enter upon and take possession of the Property, or any part thereof, in its own name or in the name of
<br />Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Property, or part of
<br />the Property or interest in the Property; increase the income trom the Property or protect the security of the Property; and, with or without
<br />taking possession of the Property, sue for or otherwise collect the rents, issues and profits of the Property, including Ihose past due and
<br />unpaid, end apply Ihe same, less costs and expenses of operation and collection, including attorneys' lees, to any indebtedness secured by
<br />Ihis Deed 01 Trust, all in such order as Lender may determine. The entering upon and taking possession of the Property, the collection of
<br />such rents, issues and profit;;, and the application thereof shall not cure or waive any detault or notice of default under this Deed of Trust or
<br />invalidate any act done in response to such delault or pur.;uant to such notice of delault; and. notwithstanding the contlnuanc:e in possession
<br />of the Property or the collection, rec:eipt and application of rents, issues or profits, Trustee or Lender shall be entitled to exerCise every right
<br />provided lor in the Credit Agreement or the Related Documents or by taw upon the occurrence of any event 01 default, includifIQ the right to
<br />exercise the power of sale;
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<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or speciflcalty enforce any 01 the covenants
<br />hereof; and
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<br />(c) Deliver to Trustee a written declaration of default and demand lor sate and a written notice 01 default and election to cause Grantor's
<br />interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the appropriate offices of the County in which
<br />the Property is Ioca.ted.
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<br />Foreclosure by Power Of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall notify Trustee and
<br />shall C1eposit with Trustee this Deed of Trust and the Credit Agreement and such receipts and evidence of expenditures made and secured by this
<br />Deed of Trust as Trustee may require.
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<br />(a) Upon receipt of such notice trom Lender, Trustee shall cause to be recorded, published and delivered to Grantor such Notice of Default
<br />and Notice of Sale as fhen reqUired by law and by this Deed of Trust. Trustee shall, without demand on Grantor, after suCh time as may then
<br />be required by law and al1er recordation 01 such Notice of Delault and after Notice of Sale having been given as required by law, sell the
<br />Property at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or In separate lots or parcels or items as Trustee
<br />shall deem expedient, and in such order as it may determine, at public auction to the hlghesl bidder for cash in lawful money of the United
<br />States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and SUfficient deed or deeds
<br />conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts
<br />shall be conClusive proof of the truthfulness thereof. Any person, including withoulllmitation Grantor, Trustee, or LenCler, may purchase at
<br />such sale.
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<br />(b) As may be permitted by law, al1er deducting all costs, lees and expenses of Trustee and of this Trust, including costs of eviClence of title
<br />in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expended under the terms of this Deed of Trust or
<br />under the terms 01 the Credit Agreement not then repaid, inciuding but not limited to accrued interest and late charges, (ii) all other sums
<br />then secured hereby, and (Iii) the remainder, if any, to the person or persons legally entitled thereto.
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<br />(c) Trustee may in Ihe manner provided by law postpone sale of all or any portion of the Property.
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<br />Remedies Not Excluslve. Trustee and Lender, and each of them, shall be entitled to enforce payment and pertormance 01 any indebtedness or
<br />obligations secured by this Deed of Trusl ~nd to exercise all rights and powers under this Deed Of Trust, under the Credit Agreement, under any 01
<br />the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, some or all of such indebtedness
<br />and obligations secured by this Deed 01 Trust may now cir hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien,
<br />assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of
<br />sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affec1 Trustee's Dr Lender's right to realize upon or enforce
<br />any other security now or hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to
<br />enforce this Deed of Trust and any other security now or hereafter held by Lender or Trustee In such order and manner as they or either of them
<br />may in their absolute discretion determine. No remedy conlerred upon or reserved to Trustee or Lender, is intended to be exclUsive of any other
<br />remedy in this Deed of Trust or by law provided or permitted, but each shall be cumuiative and shall be In addition to every other remedy given In
<br />this Deed of Trust or now or hereafter existing at law or in equity or by statute. Every power or remedy given by the Credit Agreement or any 01
<br />Ihe Related Documents to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, concurrentiy or
<br />independently, trom time to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent
<br />remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a daflclency judgment against lhe Grantor to the
<br />extent such action is permitted by law.
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<br />Request For Notice. Grantor, on behalf of Grantor and Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice of
<br />Sale under this Deed of Trust be mailed to them al the addresses set forth in the first paragraph of this Deed 01 Trust.
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<br />Wplver; Election 01 Remedies. A waiver by any party 01 a breach of a provision of this Deed of Trusl shall not constitute a waiver of or prejudice
<br />the party's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any remedy
<br />prOVIded In thiS Deed of Trust, the Credit Agreement, I" any Related Document, or proVided by law shaii not exclude pursuit 01 any other remedy,
<br />and an election to make expenditures or to take action to perform an obllgahon of Grantor under thiS Deed of Trust after failure of Grantor to
<br />pertorm Shall not affect Lender's right to declare a defaull and 10 exercise any of its remedies.
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<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to
<br />recover such sum as the court may adjudge reasonable as attorneys' fees at trial and on any appeal. Whether or not any court action is involved
<br />all reasonable expenses incurred by Lender which in Lender's opinion are necessary al any lime for the protection 01 its interest or t~
<br />enforcement of its rights shall become a part 01 the Indebtedness payable on demand end shall bear interest at the Credit Agreement rate from the
<br />date of expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to eny limrts unDer applicable
<br />law, Lender's attorneys' fees whether or nol there is a lawsuit, including attorneys' fees for bankruptcy proceedings (including eHorts to modity or
<br />vacate any automalic stay or injunction). aopeais and any anficiDaled DDsl-iudgmenl cOllecllon services !hlO cost or searching records. obtainlno
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