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