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<br />200902250
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<br />Section 4.05. Remedies Cumulative; No Election. Every right or remedy herein
<br />conferred upon or reserved to the Beneficiary shall be cumulative and shall be in addition to
<br />every other right and remedy given hereunder or under any Credit Agreement or now or hereafter .
<br />existing at law, or in equity, or by statute. The pursuit of any right or remedy shall not be
<br />construed as an election.
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<br />Section 4.06. Waiver of Appraisement Rights. The Grantor, for itself and all who may
<br />claim through or under it, covenants that it will not at any time insist upon or plead, or in any
<br />manner whatever claim, or take the benefit or advantage of, any appraisement, valuation, stay,
<br />extension or redemption laws now or hereafter in force in any locality where any of the Trust
<br />Estate may be situated, in order to prevent, delay or hinder the enforcement or foreclosure of this
<br />Deed of Trust, or the absolute sale of the Trust Estate, or any part thereof, or the final and
<br />absolute putting into possession thereof, immediately after such sale, of the purchaser or
<br />purchasers thereat, and the Grantor, for itself and all who may claim through or under it, hereby
<br />waives the benefit of all such laws unless such waiver shall be forbidden by law.
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<br />Section 4.07. Exercise by Trustee. Notwithstanding anything herein to the contrary,
<br />the Trustee (i) shall not exercise, or waive the exercise of, any of its rights or remedies hereunder
<br />(other than its right to reimbursement) except upon the request of the Beneficiary, and (ii) shall
<br />exercise, or waive the exercise of, any or all of such rights or remedies upon the request of the
<br />Beneficiary and at the direction of the Beneficiary as to the manner of such exercise or waiver,
<br />provided that the Trustee shall have the right to decline to follow any such request or direction if
<br />the Trustee shall be advised by counsel that the action or proceeding, or manner thereof, so
<br />directed may not lawfully be taken or waived.
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<br />ARTICLE V.
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<br />POSSESSION UNTIL DEFAULT; SATISFACTION
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<br />Section 5.01. Possession Until Default. Until one or more Events of Default shall have
<br />occurred, the Grantor shall be pennitted to retain actual possession of the Trust Estate, and to
<br />manage, operate and use the same and any part thereof, with the rights and franchises
<br />appertaining thereto, including, without limitation, to collect, receive, take, use and enjoy the
<br />rents, revenues, issues, earnings, income, products, profits and proceeds thereof or therefrom,
<br />subject to the provisions of this Deed of Trust.
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<br />Section 5.02. Satisfaction. If the Grantor shall well and truly payor cause to be paid the
<br />Obligations at the times and in the manner provided in the Credit Agreements, and shall also pay
<br />or cause to be paid all other sums payable by the Grantor hereunder, and shall keep and perform
<br />all covenants herein and in all Credit Agreements required to be kept and performed by it, and
<br />there are no further obligations to make advances to the Grantor under any of the Credit
<br />Agreements. then and in that case, all property, rights and interest hereby conveyed or assigned
<br />or pledged shall, upon the written request of the Grantor, revert to the Grantor and the estate,
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