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<br />200806450
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<br />(c) Trustee may in the manner provided by law postpone sale of all or any
<br />portion of the Property.
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<br />9. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them,
<br />shall be entitled to enforce payment and performance of any Obligations secured hereby and to
<br />exercise all rights and powers under this Deed of Trust or under any Transaction Document or
<br />other agreement or any laws now or hereafter in force, notwithstanding some or all of such
<br />Obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed
<br />of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its
<br />enforcement, whether by court action or pursuant to the power of sale or other powers herein
<br />contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon
<br />or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that
<br />Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any
<br />other security now or hereafter held by Beneficiary or Trustee in such order and manner as they, or
<br />either of them, may in their absolute discretion determine. No remedy herein conferred upon or
<br />reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law
<br />provided or permitted, but each shall be cumulative and shall be in addition to every other remedy
<br />given hereunder or now or hereafter existing at law or in equity or by statute. Every power or
<br />remedy given by any of the Transaction Documents to Trustee or Beneficiary, or to which either of
<br />them may be otherwise entitled, may be exercised, concurrently or independently, from time to
<br />time and as often as may be deemed expedient by Trustee or Beneficiary and either of them may
<br />pursue inconsistent remedies.
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<br />10. LEASEHOLD RIGHTS AND OBLIGATIONS.
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<br />(a) Trustor shall (i) pay all rents, additional rents and other sums required to be
<br />paid by Trustor, as tenant under and pursuant to the provisions of the Lease, (ii) diligently perform
<br />and observe all of the terms, covenants and conditions of the Lease on the part of Trustor, as tenant
<br />thereunder, and (Hi) promptly notify Beneficiary of the giving of any notice by the landlord under
<br />the Lease to Trustor of any default by Trustor, as tenant thereunder, and deliver to Beneficiary a
<br />true copy of each such notice. For so long as any Obligations secured hereby remain unpaid,
<br />Trustor shall not, without the prior consent of Beneficiary, surrender the leasehold estate created by
<br />the Lease or terminate or cancel the Lease, and if Trustor shall default in the performance or
<br />observance of any term, covenant or condition of the Lease, following any applicable cure period,
<br />on the part of Trustor, as tenant thereunder, Beneficiary shall have the right, but shall be under no
<br />obligation, to pay any sums and to perform any act or take any action as may be appropriate to
<br />cause all of the terms, covenants and conditions of the Lease on the part of Trustor to be performed
<br />or observed on behalf of Trustor, to the end that the rights of Trustor in, to and under the Lease
<br />shall be kept unimpaired and free from default. If the landlord under the Lease shall deliver to
<br />Beneficiary a copy of any notice of default under the Lease, such notice shall constitute full
<br />protection to Beneficiary for any action taken or omitted to be taken by Beneficiary, in good faith,
<br />in reliance thereon.
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<br />(b) So long as any portion of the Obligations shall remain unpaid, unless
<br />Beneficiary shall otherwise consent, the fee title to the Property and the leasehold estate therein
<br />created pursuant to the provisions of the Lease shall not merge but shall always be kept separate
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