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<br />200805276 <br /> <br />ARTICLE 5 <br />EVENTS OF DEFAULT AND REMEDIES <br /> <br />5.1 Events of Default. Each Event of Default, as defined in the Loan Agreement, <br />constitutes an "Event of Default" under this Deed of Trust. <br /> <br />5.2 <br />option: <br /> <br />Remedies. Upon the occurrence of an Event of Default, Lender may, at its <br /> <br />(a) Acceleration. Declare all or any part of the Obligations immediately due <br />and payable without any presentment, demand, protest or notice of any kind. <br /> <br />(b) Right of Entrv. Either in person or by agent, with or without bringing any <br />action or proceeding, or by a receiver appointed by a court and without regard to the <br />adequacy of its security, enter upon and take possession of the Trust Estate, and do any <br />acts that it deems necessary or desirable to preserve the value, marketability or rentability <br />of, to increase the income from, or to protect the security of this Deed of Trust with <br />respect to, the Trust Estate and, with or without taking possession of the Trust Estate, sue <br />for or otherwise collect the Rents, including those past due and unpaid, and apply the <br />same, less costs and expenses of operation and collection (including reasonable attorneys' <br />fees) to the Obligations, all in such order as Lender may determine. The entering upon <br />and taking possession of the Trust Estate, the collection of such Rents and the application <br />thereof shall not cure or waive any default or notice of default or invalidate any act done <br />in response to such default or pursuant to such notice of default. Notwithstanding the <br />continuance in possession of the Trust Estate or the collection, receipt and application of <br />Rents, Lender shall be entitled to exercise every right and remedy provided for in any of <br />the Loan Documents or by law upon occurrence of any Event of Default. <br /> <br />(c) Foreclosure. Commence an action to foreclose the Lien of this Deed of <br />Trust as a mortgage in a single parcel or in several parcels, appoint a receiver, or <br />specifically enforce any of the covenants of this Deed of Trust. <br /> <br />(d) Exercise of Power of Sale. Exercise the power of sale contained in this <br />Deed of Trust and deliver to Trustee a written statement of breach, notice of default and <br />election to cause Trustor's interest in the Trust Estate to be sold, all in accordance with <br />applicable law. <br /> <br />(i) If Lender elects to exercise the power of sale contained in this <br />Deed of Trust, Lender shall notify Trustee and shall deposit with Trustee copies <br />of this Deed of Trust and the Note and such receipts and evidence of expenditures <br />made and secured hereby as Trustee may require. <br /> <br />(ii) Upon receipt of such notice from Lender and at the direction of <br />Lender, Trustee shall cause to be recorded, published or delivered such notices of <br />default and notices of sale as may then be required by law or this Deed of Trust. <br />Trustee shall, only at the direction of Lender and without demand on Trustor, <br />after such time as may then be required by law and after recordation of such <br />notice of default and after notice of sale having been given as required by law, sell <br /> <br />4820-8559-3602,1 <br /> <br />10 <br />