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<br />DEED OF TRUST
<br />(Continued)
<br />
<br />e
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<br />200809599
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<br />Page 5
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<br />holder of another lien. or the use Of fundS or the dwelling for prohibited purposes.
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<br />19. GRANTOR'S RIGHT TO CURE. Upon the occurrence of any Evenf of Defaull (other than fraud or malerial misrepresentation) and prior 10
<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.
<br />
<br />20. RIGHTS AND REMEDIES ON DEFALL T. Upon the occurrence of any Event of Defaull and at any time thereafter, Trustee or Lender, at its option,
<br />may exercise anyone or more of the following rights and remedies, in addition to any olher rights or remedies provided by law:
<br />
<br />Acceleration upon Default; Additional Remedies. If any event of defaull occurs which is not cured within fifteen (15) days after notice, lender
<br />may cleclare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and payable
<br />wllhout any presentment, demand, protest or notiCe of any kind. Thereafter, lender may:
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<br />(a) Either in person or by agent, wllh or wilhoul bringing any action or proceeding, or by a receiver appoinled by a court and without regard
<br />10 Ihe adequacy of its security, enler upon and lake possession of Ihe Property, or any part Ihereof, in its own name or in the name of
<br />Trustee, and do any acts which it deems necessary or desirable 10 preserve the value, markelability or renlability of the Property, or part of
<br />Ihe Property or interest in Ihe Property; increase the income from Ihe Property or protect the security Of the Property; and, wilh or without
<br />laking possession oflhe Property, sue for or otherwise collect the rents, issues and profits of the Property, including those past due and
<br />unpaid, and apply the same, less costs and expenses of operation and collection, including attorneys' fees, to any indebtedness secured by
<br />this Deed of 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 profits, and the application thereof Shall not cure or waive any default or notice of defaull under this Deed of Trust or
<br />invalidate any acl done in response to such default or pursuanllo such nolice of default; and, notwithstanding the continuance in possession
<br />of the Property or the collection, receipt and application of rents, issues or profits, Trustee or lender shall be en tilled to exerCise every right
<br />provided for in the Credit Agreement or the Related Documents or by law upon the occurrence of any event of default, inClUding the right to
<br />exercise the power of sale;
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<br />(b) Commence an action to foreclose this Deed or Trust as a mortgage, appoint a receiver or specifically enforce any of the covenants
<br />nereof; and
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<br />(c) Deliver to Trustee a written declaration of detault and demand for sale and a written notice of 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 10000ted.
<br />
<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 deposit 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 from Lender, Trustee shall cause to be recorded, published and delivered to Grantor such Notice of Default
<br />and Notice of Sale as then 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 after recordation of such Notice of Default and after Notice of Sale having been given as required by lew, 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 ilems as Trustee
<br />shall deem expedient, and in such order as it may determine, at public auction to the highest biader 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 without limitation Granlor, Trustee, or Lender, may purchase at
<br />such sale.
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<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of evidence of title
<br />in connection with sale, Truslee 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 of the Credit Agreement not then repaid, including but not limited to accrued interest and late charges, (ii) all other sums
<br />tnen secured hereby, and (iii) the remainder, If any, 10 the person or persons legally entitled thereto.
<br />
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
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<br />Remedies Not Exclusive. Truslee and Lender, and each of them, shall be entilled to enforce payment and performance of any indebtedness or
<br />obligations secured by this Deed of Trusl ~nd to exercise all nghts and powers under this Deed cf Trust, under the Credit Agreement, under any of
<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 of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien,
<br />assignment or otherwise. Neither the acceptance of this Deed 01 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 aHect Trustee's or 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 heid by Lender or Trustee in such order and manner as they or either of them
<br />may in their absolule discretion determine. No remedy conferred upon or reserved to Trustee or Lender, is intended 10 be exclusive of any other
<br />remedy in this Deed of Trusl or by law provided or permitted, but each shall be cumulative and shall be in addition 10 every other remedy given in
<br />this Deed of Trust or now or hereafter existing allaw or in equity or by statute. Every power or remedy given by the Credit Agreement or any of
<br />the Relaled Documents to Trustee or Lender or 10 which either of them may be otherwise entitled, may be exercised, cOl'lCurrenl1y or
<br />independently, from 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 deficiency judgment against the Grantor to the
<br />extent such action is permitted by taw.
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<br />Request For Nollce. Grantor, on behalf 01 Grantor and lender, hereby requests thai a copy of any Notice of Default and a copy of any Notice 01
<br />Sale under this Deed of Trust be mailed to them al the addresses set forth in the first paragraph of this Deed of Trust.
<br />
<br />Waiver; Election of Remedies. A waiver by any party of a breach of a provision of this Deed of Trust shall not constitute a waiver of or prejudice
<br />the party's rights otherwise to demand strict compliance with thet provision or any other provision, Eleclion by lenc:ler to pursue any remedy
<br />provided in this Deed of Trust, the Credit Agreement, in any Related Document, or provided by law Shall not eXClude pursuit of any other remedy,
<br />and an election to make expenditures or to lake action to pertorm an obligation of Granlor under this Deed of Trust after failure of Grantor to
<br />perform Shall not affect Lender's right 10 declare a default and 10 exercise any of its remedies.
<br />
<br />Anomeys' Fees; Expenses. If Lender inslllutes any suit or aclion to enforce any of the lerms of this Deed of Trust, lender shall be entitled to
<br />recover such sum es the court may adjudge reasonable as attorneys' fees at trial and on any appeal. Whether or not any courf action is involved,
<br />ell reasonable expenses incurred by lender which in Lender's opinion are necessary at any time for the protection of its interest or the
<br />enforcement of its rights shall become a part or the Indebtedness payable on demand and shall bear inlerest althe Credit Agreement rate from the
<br />date of expenditure until repaid. Expenses covered by this paragraph include, wilhout limitation, however subject to any limits under applicable
<br />law, Lender's attorneys' fees whether or nol there is a lawsuit, including attorneys' fees for bankruptcy proceedings (including eHorts to modify or
<br />vacate anv automatic slay or Injunction), aopeels and any anlicipated oosHudgmenl collection services. 11'1", cosl or searchin9 records, obtainina
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