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200907310
<br />Section 5.05. 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 of the Credit Agreements or now or
<br />hereafter existing at law, or in equity, or by statute. The pursuit of any right or remedy shall not
<br />be construed as an election.
<br />Section 5.06. Waiver of Redemption, Appraisement, Homestead, Marshaling. To
<br />the full extent permitted by law, Grantor (i) hereby waives any and all rights of redemption, and
<br />(ii) agrees that in case of an Event of Default, neither Grantor nor anyane claiming through or
<br />under it will set up, claim or .seek to take advantage. of any homestead, reinstatement,
<br />appraisement, valuation, stay or extension laws now or hereafter in force, or take any other action
<br />which would prevent or hinder the enforcement or foreclosure of this Deed of Trust or the
<br />absolute sale of the Trust Estate or the final and absolute putting into possession thereof,
<br />immediately after such sale, of the purchaser thereat. Grantor, for itself and all who may at any
<br />time claim through or under it, hereby waives, to the full extent that it may lawfully so do, the
<br />benefit of all such laws. Grantor further waives any rights available with respect to marshalling
<br />of assets so as to require the separate sales of any portion of the Trust Estate, or as to require the
<br />Beneficiary to exhaust its remedies against a specific portion of the Trust Estate before
<br />proceeding against the other and does hereby expressly consent to and authorize the sale of the
<br />'Trust Estate or any part thereof as a single unit or parcel or as separate parcels.
<br />Section 5.07. 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.
<br />Section S.0$. Receiver. If the Beneficiary elects to appoint a receiver as provided for in
<br />Section 5.03(B) above, it may does so as a matter of right without notice and without giving bond
<br />and without regard to the solvency ar insolvency of the Grantor, or waste of the Trust Estate or
<br />adequacy of the security of the Trust Estate, and whether or not proceedings have been brought to
<br />enforce this Deed of Trust, to have a receiver appointed and who shall in addition to all the rights
<br />and powers granted to it under the terms of its receivership, shall have all the rights and powers
<br />granted the Beneficiary hereunder including the right to the possession of the Trust Estate, to
<br />collect the rents, income and profits therefrom and otherwise deal with and manage the Trust
<br />Estate and apply such rents, income and profits to the payment of taxes, assessments, insurance
<br />premiums and expenditures for the management, repair and upkeep of the Trust Estate, to the
<br />performance of landlord's obligations under any leases and to the Obligations, all without waiver
<br />of the power of sale or any other rights.
<br />Section 5.09. Due On Sale Or Mortgaging, Etc. In the event of: (a) a sale,
<br />conveyance, transfer, pledge, grant of a security interest in, hypothecation, or encumbrance of (i)
<br />the Trust Estate, or any part thereof, (ii) any ownership interest in Grantor or any entity which
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