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201005525 the exercise of any of the remedies provided in this Deed of Trust shall be secured by this Deed of Trust. Section 5.0~. Application of Proceeds from Remedial Actions. Any proceeds or funds arising from the exercise of any rights,or the enforcement of any remedies herein provided ai~ter the payment or provision for the payment of any and all costs and expenses in connection with the exercise of such rights or the enforcement of such remedies shall be applied to the Obligations in such order and manner as the Beneficiary shall elect in its sole discretion, and the balance, if any, shall be paid to whomsoever shall be entitled thereto. Section 5.05. Remedies Cumulative; No Election. Every right or remedy herein conferred upon or reserved to the Beneficiary shall be cumulative and shall be in addition to every other right and remedy given hereunder or under any of the Credit Agreements ar now or hereafter existing at law, or in equity, or by statute. The pursuit of any right or remedy shall oat be construed as an election.. Section 5.06. Waiver of Redemption; Appraisement, Homestead, Marshaling. '1`a the full extent permitted by law, Grantor (i) hereby waives any and all rights of redemption, and (ii) agrees that in case of an Event of Default, neither Grantor nor anyone claiming through or under it will set up, claim or seek to take advantage of any homestead, reinstatement, appraisement, valuation, stay ar extension laws now or'hereafter in force, or take any other action which would prevent or hinder the enforcement yr foreclosure of this Deed of Trust or the absolute sale of the Trust Estate or the final and absolute putting into possession thereof; immediately after such sale, of the purchaser thereat. Grantor, far itself and all who may at any iirne claim through or under it, hereby waives, to the full extent that it may lawfully so do, the benefit of all such laws. Grantor further waives any rights available with respect to marshalling of assets so as to require the separate sales of. any portion of the Trust Estate, or as to require the Beneficiary. to exhaust its remedies against a specific portion of the Trust Estate before proceeding against the other and does hereby expressly consent to and authorise the sale of the 'Trust Estate or any part thereof as a single unit or parcel or as separate parcels. Section 5..07. Exercise by Trustee. Notwithstanding anything herein to the contrary, the Trustee (i) shall not exercise, or waive the exercise of, any of its rights or remedies hereunder (other than its right to reimbursement) except upon the request of the Beneficiary, and (ii) shall exercise, or waive the exercise of, any or all of such rights or remedies upon the request of the Beneficiary and at the direction of the Beneficiary as to the manner of such exercise or waiver, provided that the Trustee shall have the right to decline to follow any such request or direction if the Trustee shall be advised by counsel that the action or proceeding, ar manner thereof, sa directed may not lawfully be taken or waived. Section 5.08. Receiver. If the Beneficiary elects to appoint a receiver as provided far in Section 5.03(13) above, it may does so as a matter of right without notice and without giving bond and without regard to the solvency or insolvency of the Grantor, or waste of the Trust Estate or adequacy of the security of the Trust Estate, and whether or not proceedings have been brought to enforce this Deed of Trust, to have a receiver appointed and who shall in addition to all the rights 18