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' DEED OF TRUST 2 0 0 9 0 8 716 page 5
<br />(Continued)
<br />holder of another lien, or the use of funds or the dwelling for prohibited purposes.
<br />19. GRANTOR'S RIGHT TO CURE. Upon the occurrence of any Event pf Default (other than fraud or material misrepresentation) and prior to
<br />exercising any of the rights and remedies provided in this Deed of Trust yr by law, Lender shall give notice as provided in the peed of Trust and as
<br />required by applicable law.
<br />20. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Trustee pr Lander, at its pption,
<br />may exercise any one yr more of the follpwing rights and remedies, in addition io any other rights ar remedies provided by law:
<br />Acceleration upon Detnult; Additional Remedies. If any event of default occurs which is not cured within fifteen (15) days after notice, Lender
<br />may declare all Indebtedness secured by this Deed of Trust io be due and payable and the same shall thereupon become due and payable
<br />without any presentment, demand, protest yr notice of any kind. Thereafter, Lender may:
<br />(a) Either in person pr by agent, with or without bringing any action or proceeding, pr by a receiver appointed by a court and without regard
<br />to the adequacy of its security, enter upon and take possession of the Propery, ar any part thereof, in its own name or in the name of
<br />Trustee, and do any acts which it deems necessary yr desirable to preserve the value, marketability or rentability of the Property, pr part pi
<br />the Property yr interest in the Property; increase the income from the Property or protect the security of the Property; and, with or without
<br />taking possession of the Property, sue for dr otherwise collect the rents, issues and prattle of the Property, including those past due and
<br />unpaid, and apply the same, less costs and expenses of operation and aolleciian, 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 Prpperly, the collection of
<br />such rents, issues and profit;, and the application thereof shall not aura or waive any default or notice of default under this Dead of Trust or
<br />invalidate any act done in response tp such default pr pursuant to such notice of default; and, notwithstanding the continuance in possession
<br />of the Property or the callaotion, receipt and application of rents, issues or profits, Trustee or Lender shall be entitled to exercise every right
<br />provided far 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;
<br />(b) Commence an action tp foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the covenants
<br />hereof; and
<br />(c) Deliver tp Trustee a written declaration of default 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 fled for record in the appropriate offices Df the County in which
<br />the Property is looted.
<br />FpreclasurC by Power of Sale. If Lender elects to foreclose by exercise of the Power pf Sale herein contained, Lender shalt 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.
<br />(a) Upon receipt df 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 pf Trust. Trustee shall, without demand an Granter, after such time e_5 may then
<br />be required by law and after recordation of such Notice of Default and after Notice pf Sale having been given as required by law, sell the
<br />Property at the time and place pi sale fixed by it in such NptiCe of Sale, either as a whole, or in separate lots or parcels or items as Trustee
<br />shall deem expedient, and in such order as it may determine, at public auction to the highest bidder far cash in lawful money of the United
<br />States payable at the time pf 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 pr tarts
<br />shall be conclusive proof of the truthfulness thereof. Any person, including without limitation Grantor, Trustee, or Lender, may purchase at
<br />such sale.
<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, Trustee shall apply the proceeds pf sale to payment of (i) all sums expended under the terms of this Deed of Trust pr
<br />ender the terms of the Credit Agreement net then repaid, including but not limited to accrued interest and late charges, (ii) all other sums
<br />then secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled theretp.
<br />(c) Trustee may in the manner provided by law postppne sale of all or any portion of the Propery.
<br />Remedies Not Exclusive. Trustee and Lander, and each of them, shall be entitled to enforce payment and pertprmance of any indebtedness or
<br />obligations secured by this Deed of Trust and to exercise all rights 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 new or hereafter in farce; notwithstanding, some or all of such indebtedness
<br />end obligations secured by this Deed of Trust may now pr hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien,
<br />assignment yr otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action yr pursuant to the power of
<br />sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affect Trustee's or Lender's right to realize upon or enforce
<br />any other security new 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 held by Lender pr Trustee in such order and manner as they or either of them
<br />may in their absolute discretipn determine. No remedy conferred upon pr reserved to Trustee or Lender, is intended to be exclusive of any other
<br />remedy in this Dead of Trust or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in
<br />this Deed of Trust or now or hereafter existing at law or in equity or by statute. Every power or remedy given by the Credit Agreement or any pf
<br />the Related Documents to Trustee or Lender or tp which either of them may be otherwise entitled, may be exercised, Concurrently or
<br />independently, from time to time and as often as may be deemed expedient by Trustee pr Lender, and either pf them may pursue inconsistent
<br />remedies. Nothing in this peed 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 law.
<br />Request For Notice. Grantor, on behalf of Grantor and Lender, hereby requests that a copy of any Notice of Default and a copy pf any Notice of
<br />Sale under this Deed of Trust be mailed to them at the addresses sat forth in the first paragraph of this Deed of Trust.
<br />Waiver; Election of Remedies. A waiver by any party pf 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 that provision or any other provision. Election by Lander 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 yr to take action to perform en obligation of Granter under this Deed of Trust after failure of Grantor to
<br />perform shall not affect Lender's right to declare a default and to exercise any of its remedies.
<br />Attorneys' FOES; Expenses. If Lender institutes any suit yr action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to
<br />recover such sum as the court may adjudge reasonable as attorneys' fees at trial and on any appeal. Whether or not any court action is involved,
<br />all reasonable expenses incurred by Lender which in Lender's opinion are necessary at any time for the protectipn of its interest or the
<br />enforcement pi its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Credit Agreement rate from the
<br />data of expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable
<br />law, Lender's attorneys' fees whether ar not there is a lawsuit, including attorneys' fees for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunction). appeals and any anticipated past-iudoment collection sen~i~As. the coal of searrhina records. nbte~nina
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