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<br />200901437
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<br />(c) Trustor hereby expressly waives any right which it may have to direct the
<br />order in which any of the Property shall be sold in the event of any sale or sales pursuant
<br />to this Deed of Trust.
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<br />4.10 Rescission of Notice of Default. Beneficiary (on behalf of the Lenders) may from
<br />time to time rescind any notice of default or notice of sale before any Trustee's sale as provided
<br />above, by executing and delivering to Trustee a written notice of such rescission, which such
<br />notice, when recorded, shall also constitute a cancellation of any prior declaration of default and
<br />demand for sale. The exercise by Beneficiary of such right of rescission shall not constitute a
<br />waiver of any breach or default then existing or subsequently occurring, or impair the right of
<br />Beneficiary to execute and deliver to Trustee, as above provided, other declarations or notices of
<br />default to satisfy the obligations of this Deed of Trust or the obligations secured hereby, nor
<br />otherwise affect any provision, covenant or condition of any Loan Document or any of the rights,
<br />obligations or remedies of Trustee, Beneficiary or the Lenders hereunder or thereunder.
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<br />4.11 Application of Proceeds of Foreclosure Sale. The proceeds of any foreclosure
<br />sale of the Property shall be distributed and applied in the following order of priority: first, to all
<br />costs and expenses incident to the foreclosure proceedings, including all such items as are
<br />mentioned in Section 4.4 hereof; second, to all other items which may under the terms hereof
<br />constitute Secured Indebtedness additional to that evidenced by the Notes, with interest thereon
<br />as provided herein or in the other Loan Documents; third, to all principal and interest remaining
<br />unpaid on the Notes; and fourth, any surplus to Trustor, its successors or assigns, as their rights
<br />may appear or to any other party legally entitled thereto.
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<br />4.12 Adiournment of Foreclosure Sale. Beneficiary may adjourn from time to time
<br />any sale by it to be made under or by virtue of this Deed of Trust by announcement at the time
<br />and place appointed for such sale or for such adjourned sale or sales, and, except as otherwise
<br />provided by any applicable provision of law, Beneficiary, without further notice or publication,
<br />may make such sale at the time and place to which the same shall be so adjourned.
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<br />4.13 Insurance Upon Foreclosure. In case of an insured loss after foreclosure
<br />proceedings have been instituted, the proceeds of any insurance policy or policies, if not applied
<br />in repairing, restoring, replacing or rebuilding any portion of the Property, shall be used to pay
<br />the amount due in accordance with any decree of foreclosure that may be entered in any such
<br />proceedings, and the balance, if any, shall be paid as the court may direct. In case of the
<br />foreclosure of this Deed of Trust, the court in its judgment may provide that the judgment
<br />creditor may cause a new or additional loss clause to be attached to each of said policies making
<br />the loss thereunder payable to said judgment creditor; and any such foreclosure judgment may
<br />further provide, unless the right of redemption has been waived, that in case of redemption under
<br />said judgment, then, and in every such case, the redemptory may cause the preceding loss clause
<br />attached to each insurance policy to be canceled and a new loss clause to be attached thereto,
<br />making the loss thereunder payable to such redemptory.
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<br />4.14 Waiver of Statutory Rights. Trustor shall not apply for or avail itself of any
<br />appraisement, valuation, redemption, stay, extension, or exemption laws, or any so-called
<br />"moratorium laws," now existing or hereafter enacted, in order to prevent or hinder the
<br />enforcement or foreclosure of this Deed of Trust, and Trustor hereby waives the benefit of such
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