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20�Q07917 sale, which shall state the time wk�en and the place where the sale is to be held, shall contain a brief description of the property to be sold, and shall be given by mailing a copy thereof to the Grantor at least twenty (20) days prior to the date fixed For such sale and by publishing the sarne once in each w�ek for five successive calendar weeks prior to the date of such sale in a newspaper of general circulation published in said county or, if no such newspaper is published in such county, in a newspaper of general circulation in such county, the last such publication to be at least ten (10) days but not more than thirty (34) days prior to the date fixed for such sale. Any sale tn be made under this Section 4.43(C) may be adjourned frorn tizne to time by announcement at the time and place appointed far such sale or for such adjourned sal� or sales, and without further notice or publication the sale may be had at the time and place tn which the sazne shall be adjourned. Notwithstanding the foregoing, in the event an�ther or different notice of sale or another or different �nanner of conducting the same shall be required by law, the notice of sale shall be given ar the sale be conducted, as the case may be, in accordance with the applicable provisians of law. The costs and expenses incurred by the Bene�ciary (including, but not lirnited to, receiver's fees, counsel fees, cast af advertisement and agents' compensation) in the exercise of any of the re�nedies pravided in this Deed of Trust shall be secured by this Deed of Trust. Section 4.04. Application of Procecds frorn Remedial Actions. Any proceeds or funds arising from the exercise of any rights ar the enforcement of any remedies herein provided after the payment or provision for th� payment of any and all costs and expenses in connectian with the exercise of such rights or the enforcement of such remedies shall be applied to the Indebtedness in the order and manner set forth in the Credit Agreement, and the balance, iF a»y, shall be paid tfl whamsoever sha11 be entitled thereta Section 4.05. Remedies Cumulative; No Election. Every right or remedy herein conferred upon or reserved to the Beneficiary shall be cumulative and shall be in additian to every other right and remedy given hereunder or under any Debt Instrument ar now or hereafter existing at law, or in equity, or by statute. The pursuit of any right or remedy shall not be construed as an election. Section 4.06. Waiver of Appraisement Rights. The Grantor, for itself and all who may claim through or under it, covenants that it will not at any time insist upon or plead, or in any rnanner whatevex claim, or take the benefit or advantage of any appraisement, valuation, stay, extension or redernption laws now or hereafter in force in any lacality where any of the Trust Estate may be situated, in order to prevent, delay or hinder the enforcement or foreclosure of this Deed of Trust, ar th� absolute sale of the Trust Estate, or any part thereof, or the final and absolute putting into possession thereof immedaately after such sale, of the purchaser or purchasers thereat, and the Grantor, for itself and all who may clairn through or under it, laereby waives the benefit of all such laws unless such waiver shall be forbidden by law. Sectfon 4.07. 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 reirnbursement) except upon the request of the Beneficiary, and (ii) shall exercise, or waive the exercise of any or all af such rights or remedies upon the request of the Bene�ciary 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 follaw any such request or direction if 11