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200802659 2.3 Enforcement; Expense of Litigation. In any suit to enforce the lien andlor security interest hereof, or enforce any other remedy, or protect any right, of Secured Party under this Deed of Trust, the Loan Agreement or the Note, there shall be allowed and included as additional indebtedness in the decree for sale or other judgment or decree to the extent allowed by law all reasonable expenditures and expenses which may be paid or incurred by or on behalf of Secured Party for attorneys' fees, appraiser's fees, outlays for documentary and expert evidence, stenographers' charges, publication costs and costs (which may be estimated as to items to be expended after entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies, and similar data and assurances with respect to title as Secured Party may deem reasonably necessary either to prosecute such suit or to evidence to bidders at any sale which may be had pursuant to such decree the true condition of the title to or the value of the Property. All expenditures and expenses of the nature in this paragraph mentioned, and such expenses and fees as may be incurred in the protection of the Property and the maintenance of the lien and security interest of this Deed of Trust, including the reasonable fees of any attorney employed by Secured Party in any litigation or proceeding affecting this Deed of Trust, the Note or the Property, including bankruptcy proceedings, or in preparation for the commencement or defense of any proceeding, shall be immediately due and payable by Borrower, with interest thereon at the Default Interest Rate and shall be secured by this Deed of Trust. 2.4 Application of Sale Proceeds. The proceeds of sale of the Property shall be distributed and applied in the following order of priority: First, on account of any amounts due to Secured Party under this Deed of Trust or any other instrument securing payment of the Note, including without limitation, all costs and expenses incident to the enforcement proceedings (including all such allowable items as are mentioned in the preceding paragraph hereof); second, to accrued interest on the Note; third, to principal of the Note; and fourth, any surplus to Borrower, its successors or assigns, as their rights may appear. 2.5 Remedies Not Exclusive. No remedy herein conferred upon or reserved to Secured Party is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative, and shall be in addition to every other remedy given hereunder or under any other document securing payment of the Note or now or hereafter existing at law or in equity or by statute. No delay or omission of Secured Party to exercise any right or power accruing upon any Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and every power and remedy given by this Deed of Trust to Secured Party may be exercised from time to time as often as may be deemed expedient by Secured Party. Nothing in this Deed of Trust or in the Note shall affect the obligation of Borrower to pay the principal of, and interest on, the Note in the manner and at the time and place therein respectively expressed. AR'rICLE 3 MISCELLANEOUS 3. I Agreements Separable. In the event anyone or more of the provisions contained in this Deed of Trust or in the Note shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any 14 AMI 57:0AM57:667038:5:LOU1SYILLE 3/20/08