Common use of Acceleration Upon Default, Additional Remedies Clause in Contracts

Acceleration Upon Default, Additional Remedies. In the event an Event of Default shall have occurred and is continuing, the Beneficiary may declare all Indebtedness to be due and payable and the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the Beneficiary may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged Property, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged Property, or part thereof or interest therein, increase the income therefrom or protect the security hereof, and, with or without taking possession of the Mortgaged Property, xxx for or otherwise collect the rents and issues thereof, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s fees, upon any Indebtedness, all in such order as the Beneficiary may determine. The entering upon and taking possession of the Mortgaged Property, the collection of such rents and issues and the application thereof as aforesaid, shall not cure or waive any Event of Default or notice of Event of Default hereunder or invalidate any act done in response to such Default or pursuant to such notice of Default and notwithstanding the continuance in possession of the Mortgaged Property or the collection, receipt and application of rents and issues, the Trustee or the Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to the Indebtedness or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; and (c) Exercise any or all of the remedies available to a secured party under the Uniform Commercial Code of North Carolina or under any other applicable laws. (d) Notwithstanding any provision to the contrary in this Deed of Trust, no deficiency judgment may be rendered against the Grantor in any action to collect any of the Indebtedness secured by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured under this Deed of Trust.

Acceleration Upon Default, Additional Remedies. In Upon the event occurrence of an Event of Default shall have occurred Default, Beneficiary may, at its option, terminate its obligations under the Transaction Documents and is continuing, the Beneficiary may declare all Indebtedness Secured Obligations to be due and payable and the same shall thereupon become immediately due and payable without any presentment, demand, protest or further notice of any kind. Thereafter; and whether or not Beneficiary exercises said option, the Beneficiary may: (a) 5.2.1 Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged Property, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to complete the construction of the Improvements on the Land, to preserve the value, marketability or rentability of the Mortgaged Property, or part thereof or interest therein, increase the income therefrom or protect the security hereof, hereof and, with or without taking possession of the Mortgaged Property, xxx for or otherwise collect the rents and issues thereofRents, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s attorneys’ fees, upon any IndebtednessSecured Obligations, all in such order as the Beneficiary may determine. The entering upon and taking possession of the Mortgaged Property, the collection of such rents and issues Rents and the application thereof as aforesaid, shall not cure or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession by Trustee, Beneficiary or a receiver of all or any portion of the Mortgaged Property or the collection, receipt and application of rents and issuesany of the Rents, the Trustee or the Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Transaction Documents or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) 5.2.2 Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially or specifically enforce any of the covenants hereofcontained herein; 5.2.3 Deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause Trustor’s interest in the Property to be sold, which notice Trustee or Beneficiary shall cause to be duly filed for record in the Trustee to foreclose this Deed official records of Trust by power of sale; andthe County in which the Property is located; (c) 5.2.4 Exercise any or and/or all of the rights and remedies available to a secured party under the California Uniform Commercial Code in such order and in such manner as Beneficiary, in its sole discretion, may determine (including, without limitation, requiring Trustor to assemble the collateral and make the collateral available to Beneficiary at a reasonably convenient location or location); provided, however, that the expenses of North Carolina retaking, holding, preparing for sale or under the like as provided thereunder shall include reasonable attorneys’ fees and other expenses of Beneficiary and Trustee and shall be additionally secured by this Deed of Trust; and/or 5.2.5 Exercise all other rights and remedies provided herein, in any Transaction Document or other applicable lawsdocument or agreement now or hereafter securing all or any portion of the obligations secured hereby, or provided by law or in equity. (d) 5.2.6 Notwithstanding any provision anything to the contrary contained in this Deed of Trust, no deficiency judgment may be rendered against the Grantor in prior to declaring any action to collect default or taking any of the Indebtedness secured by remedy permitted under this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured applicable law based upon an alleged default under this Deed of TrustTrust by Trustor, [ (― ‖)], the limited partner of Trustor or their successors or assigns as limited partners of Trustor, shall have an additional period of not less than (a) ten (10) days to cure such alleged default if of a monetary nature, and (b) thirty (30) days to cure such alleged default if of a non-monetary nature; provided, however, if in order to cure such a default [ ], as the limited partner, must remove the general partner of Trustor, [ ], as the limited partner, shall so notify Beneficiary and so long as [ ], as the limited partner, is diligently and continuously attempting to so remove such general partner, [ ], as the limited partner, shall have until the date thirty (30) days after the effective date of the removal of the general partner or general partners to cure such default.

Acceleration Upon Default, Additional Remedies. In the event an Event of Default shall have occurred and is continuingany event of default, the Beneficiary may declare all Indebtedness secured hereby to be due and payable payable, and the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the Thereafter Beneficiary may: (a) A. Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged PropertyTrust Estate, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged PropertyTrust Estate, or part thereof or interest therein, increase the income therefrom or protect the security hereof, hereof and, with or without taking possession of the Mortgaged PropertyTrust Estate, xxx for or otherwise collect the rents rents, issues and issues profits thereof, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection collection, including attorney’s attorneys’ fees, upon any Indebtednessindebtedness secured hereby, all in such order as the Beneficiary may determine. The entering upon and taking possession of the Mortgaged PropertyTrust Estate, the collection of such rents rents, issues and issues profits and the application thereof as aforesaid, shall not cure or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession of the Mortgaged Property Trust Estate or the collection, receipt and application of rents and issuesrents, the issues or profits, Trustee or the Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Loan Instruments or by law upon occurrence of any Event event of Defaultdefault, including the right to exercise the power of sale; (b) B. Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially or specifically enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; and; (c) C. Exercise any or all of the remedies available to a secured party under the Utah Uniform Commercial Code of North Carolina or under any other applicable laws.Code, including, but not limited to: (d1) Notwithstanding any provision to the contrary in this Deed Either personally, or by means of Trusta court appointed receiver, no deficiency judgment may be rendered against the Grantor in any action to collect take possession of all or any of the Indebtedness secured by this Deed of Trust Personal Property and exclude therefrom Trustor and all others claiming under the taxing power Trustor, and thereafter hold, lease, use, operate, manage, maintain and control, make repairs, replacements, alterations, additions and improvements to and exercise all rights and powers of the Grantor Trustor in respect to the Personal Property or any part thereof. In the event Beneficiary demands or attempts to take possession of the Personal Property in the exercise of any rights under any of the Loan Instruments, Trustor promises and agrees to promptly turn over and deliver complete possession thereof to Beneficiary; (2) Without notice to or demand upon Trustor, make such payments and do such acts as Beneficiary may deem necessary to protect its security interest in the Personal Property, including without limitation, paying, purchasing, contesting or compromising any encumbrance, charge or lien which is not prior to or superior to the security interest granted hereunder, and in exercising any such powers or authority to pay all expenses incurred in connection therewith; (3) Require Trustor to assemble the Personal Property, or any portion thereof, at a place designated by Beneficiary and reasonably convenient to both parties, and to promptly deliver such Personal Property to Beneficiary, or an agent or representative designated by it. Beneficiary, and its agents and representatives, shall have the right to enter upon any or all of Trustor’s premises and property to exercise Beneficiary’s rights hereunder; (4) Sell, lease or otherwise dispose of the Personal Property at public sale, with or without having the Personal Property at the place of sale, and upon such terms and in such manner as Beneficiary may not determine. Beneficiary may be pledged directly a purchaser at any such sale; (5) Unless the Personal Property is perishable or indirectly threatens to decline speedily in value or contingently is of a type customarily sold on a recognized market, Beneficiary shall give Trustor at least ten (10) days’ prior written notice of the time and place of any public sale of the Personal Property or other intended disposition thereof. Such notice may be mailed to secure any monies due or secured under Trustor at the address set forth at the beginning of this Deed of Trust. D. Deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause Trustor’s interest in the Trust Estate to be sold, which notice Trustee or Beneficiary shall cause to be duly filed for record in the Official Records of the County in which the Trust Estate is located. E. The waiver by Beneficiary of any default shall not constitute a waiver of any other or subsequent default.

Acceleration Upon Default, Additional Remedies. In Upon the event occurrence of an Event of Default shall have occurred Default, Mortgagee may, at its option, exercise all of the applicable rights and is continuingremedies set forth herein and in the other Loan Documents and, the Beneficiary may in addition, declare all Indebtedness Secured Obligations to be due and payable and the same shall thereupon become immediately due and payable without any presentment, demand, protest or further notice of any kind; and whether or not Mortgagee exercises any said right or remedy. Thereafter, the Beneficiary Mortgagee may: : (a) Either either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, Collateral enter upon and take possession of all or part of the Mortgaged Property, or any part thereofCollateral, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged Property, or part thereof or interest therein, increase the income therefrom or protect the security hereof, and, with or without taking possession of the Mortgaged Property, xxx for or otherwise collect the rents and issues thereof, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s fees, upon any Indebtedness, all in such order as the Beneficiary may determinename. The entering upon and taking possession of the Mortgaged PropertyCollateral, the collection of such rents Rents and issues and their application to the application thereof as aforesaid, Secured Obligations shall not cure or waive any Event of Default or notice of Event of Default hereunder default or invalidate any act done in response to such Default or pursuant to such notice them. Regardless of Default and notwithstanding the continuance in whether possession of the Mortgaged Property Collateral or the collection, receipt and application of rents and issuesany of the Rents is by Mortgagee or a receiver, the Trustee or the Beneficiary Mortgagee shall be entitled to exercise every right provided for in any instrument securing or relating to the Indebtedness Loan Agreement and other Loan Documents or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; ; (b) Commence commence an action to foreclose this Deed of Trust as a mortgageMortgage, appoint a receiver, specially or specifically enforce any of the covenants hereof, or cause the Trustee to foreclose contained in this Deed of Trust by power of saleMortgage; and (c) Exercise any or exercise all of the rights and remedies available to a secured party under the applicable Uniform Commercial Code in such order and in such manner as Mortgagee, in its sole discretion, may determine, including without limitation, requiring Mortgagor to assemble the Collateral and make the Collateral available to Mortgagee at a reasonably convenient location. The expenses of North Carolina retaking, holding, preparing for sale or under any the like shall include reasonable attorneys' fees and other applicable laws. expenses of Mortgagee and shall be secured by this Mortgage; and/or (d) Notwithstanding any provision to the contrary exercise all other rights and remedies provided in this Deed of TrustMortgage, no deficiency judgment may be rendered against the Grantor in any action to collect other Loan Document or other document or agreement now or hereafter securing all or any portion of the Indebtedness secured Secured Obligations, or as provided by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly law or indirectly or contingently to secure any monies due or secured under this Deed of Trustin equity.

Acceleration Upon Default, Additional Remedies. In Upon the event occurrence of an Event of Default shall have occurred and is continuingDefault, the Beneficiary may Mortgagee may, at its option, declare all Indebtedness indebtedness secured hereby to be due and payable and the same shall thereupon become immediately due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the Beneficiary Thereafter Mortgagee may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged Property, or any part thereof, in its own name or in the name of the Trusteename, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged Property, or any part thereof or interest therein, increase the income therefrom or protect the security hereof, hereof and, with or without taking possession of the Mortgaged Property, xxx for or otherwise collect the rents and issues thereofRents, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s collection, including, without limitation, attorneys' fees, upon any Indebtednessindebtedness secured hereby, all in such order as the Beneficiary Mortgagee may determine. The entering upon and taking possession of the Mortgaged Property, the collection of such rents and issues Rents, and the application thereof as aforesaid, shall will not cure or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession of all or any portion of the Mortgaged Property or the collection, receipt and application of rents and issuesRents, the Trustee or the Beneficiary shall Mortgagee will be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Loan Documents or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust Mortgage as a mortgage, appoint a receiver, specially or specifically enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; and; (c) Exercise any Deliver to Mortgagor a written demand to turn over to Mortgagee all Rents in the possession or all control of Mortgagor at the time of the remedies available to a secured party under the Uniform Commercial Code written demand or collected thereafter, less payment of North Carolina or under any other applicable laws.expenses authorized by Mortgagee in writing; or (d) Notwithstanding any provision to the contrary in this Deed of TrustExercise all other rights and remedies provided herein, no deficiency judgment may be rendered against the Grantor in any action to collect Loan Document or other document or agreement now or hereafter securing all or any portion of the Indebtedness obligations secured hereby, or by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly law or indirectly or contingently to secure any monies due or secured under this Deed of Trustequity.

Acceleration Upon Default, Additional Remedies. In Upon the event occurrence of an Event of Default shall have occurred and is continuingDefault, the Beneficiary may may, at its option, declare all Indebtedness indebtedness and obligations secured hereby to be due and payable and the same shall thereupon become immediately due and payable without any presentment, demand, protest or further notice of any kind. Thereafter; and whether or not Beneficiary exercises said option, the Beneficiary may: (a) 4.2.1 Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged PropertyCollateral, or any part thereof, in its own name or in the name of the Trustee, and do any acts act which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged PropertyCollateral, or part thereof or interest therein, increase the income therefrom or protect the security hereof, hereof and, with or without taking possession of the Mortgaged PropertyCollateral, xxx sue for or otherwise collect the rents and issues thereofRents, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s without limitation attorneys’ fees, upon any Indebtednessindebtedness secured hereby, all in such order as the Beneficiary may determine. The entering upon the Premises and taking possession of the Mortgaged PropertyCollateral, the collection of such rents and issues Rents and the application thereof as aforesaid, shall not cure or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession by Trustee, Beneficiary or a receiver of all or any portion of the Mortgaged Property Premises or the collection, receipt and application of rents and issuesany of the Rents, the Trustee or the Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Loan Documents or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) 4.2.2 Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially or specifically enforce any of the covenants hereof; 4.2.3 Deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause Trustor’s interest in the Collateral to be sold, which notice the Trustee or Beneficiary shall cause to be duly filed for record in the Official Records of the County in which the Collateral is located; or 4.2.4 Exercise all other rights and remedies provided herein, in any Loan Document or other document or agreement now or hereafter securing all or any portion of the obligations secured hereby, or cause the Trustee to foreclose this Deed of Trust provided by power of sale; and (c) Exercise any or all of the remedies available to a secured party under the Uniform Commercial Code of North Carolina or under any other applicable lawslaw. (d) Notwithstanding any provision to the contrary in this Deed of Trust, no deficiency judgment may be rendered against the Grantor in any action to collect any of the Indebtedness secured by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured under this Deed of Trust.

Acceleration Upon Default, Additional Remedies. In (a) Upon the event occurrence of an Event of Default shall have occurred and is continuingDefault, the Beneficiary Mortgagee may declare all Indebtedness indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. ThereafterWhen the entire indebtedness shall become due and payable, either because of maturity or because of the Beneficiary occurrence of an Event of Default, or otherwise, then forthwith, Mortgagee may: (ai) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take into possession of the Mortgaged PropertyPremises, or any part thereof, in its own name or in the name of the Trusteename, without legal action, and by force if necessary, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged PropertyPremises, or any part thereof or interest therein, increase the income therefrom or protect the security hereof, and, with or without taking possession of the Mortgaged PropertyPremises, sue xxx for or otherwise collect the rents rents, issues and issues profits thereof, including those rents and issues past due and unpaid, and including sums payable for use and occupation and apply the same, less costs and expenses of operation and collection including attorney’s fees, upon any Indebtedness, all such sums in such order as the Beneficiary may determineaccordance with Section 5.06 hereof. The entering upon and taking possession of the Mortgaged PropertyPremises, the collection of such rents rents, issues and issues profits and the application thereof as aforesaid, shall not cure or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession of the Mortgaged Property Premises or the collection, receipt and application of rents and issuesrents, the Trustee issues or the Beneficiary profits, Mortgagee shall be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Loan Documents or by law upon occurrence of any Event event of Defaultdefault, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; and (c) Exercise any or all of the remedies available to a secured party under the Uniform Commercial Code of North Carolina or under any other applicable laws. (d) Notwithstanding any provision to the contrary in this Deed of Trust, no deficiency judgment may be rendered against the Grantor in any action to collect any of the Indebtedness secured by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured under this Deed of Trust.Mortgage. FOR THE PURPOSE OF ENABLING MORTGAGEE TO OBTAIN POSSESSION OF THE PREMISES IN THE EVENT OF ANY

Acceleration Upon Default, Additional Remedies. In Upon the event occurrence of an Event of Default shall have occurred Default, Beneficiary may, at its option, terminate its obligations under the Project Documents and is continuing, the Beneficiary may declare all Indebtedness Secured Obligations to be due and payable and the same shall thereupon become immediately due and payable without any presentment, demand, protest or further notice of any kind. Thereafter; and whether or not Beneficiary exercises said option, the Beneficiary may: (a) 5.2.1 Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged Property, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to complete the construction of the Improvements on the Land, to preserve the value, marketability or rentability of the Mortgaged Property, or part thereof or interest therein, increase the income therefrom or protect the security hereof, hereof and, with or without taking possession of the Mortgaged Property, xxx for or otherwise collect the rents and issues thereofRents, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s attorneys’ fees, upon any IndebtednessSecured Obligations, all in such order as the Beneficiary may determine. The entering upon and taking possession of the Mortgaged Property, the collection of such rents and issues Rents and the application thereof as aforesaid, shall not cure or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession by Trustee, Beneficiary or a receiver of all or any portion of the Mortgaged Property or the collection, receipt and application of rents and issuesany of the Rents, the Trustee or the Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Project Documents or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) 5.2.2 Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially or specifically enforce any of the covenants hereofcontained herein; 5.2.3 Deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause Trustor’s interest in the Property to be sold, which notice Trustee or Beneficiary shall cause to be duly filed for record in the Trustee to foreclose this Deed official records of Trust by power of sale; andthe County in which the Property is located; (c) 5.2.4 Exercise any or and/or all of the rights and remedies available to a secured party under the California Uniform Commercial Code in such order and in such manner as Beneficiary, in its sole discretion, may determine (including, without limitation, requiring Trustor to assemble the collateral and make the collateral available to Beneficiary at a reasonably convenient location or location); provided, however, that the expenses of North Carolina retaking, holding, preparing for sale or under any the like as provided thereunder shall include reasonable attorneys’ fees and other applicable laws. (d) Notwithstanding any provision to the contrary in this Deed expenses of Trust, no deficiency judgment may Beneficiary and Trustee and shall be rendered against the Grantor in any action to collect any of the Indebtedness additionally secured by this Deed of Trust Trust; and/or 5.2.5 Exercise all other rights and the taxing power remedies provided herein, in any Project Document or other document or agreement now or hereafter securing all or any portion of the Grantor is not and may not be pledged directly obligations secured hereby, or indirectly provided by law or contingently to secure any monies due or secured under this Deed of Trustin equity.

Acceleration Upon Default, Additional Remedies. In the event an Event Upon Borrower's breach of Default shall have occurred and is continuingany representation, covenant or agreement of Borrower in this Instrument, the Beneficiary Note, the Environmental Indemnity Agreement, or any other Loan Document, including, but not limited to, the covenants to pay when due any sums secured by this Instrument, Lender, at Lender's option, may declare all Indebtedness of the sums secured by this Instrument to be due and payable and the same shall thereupon become immediately due and payable without any presentment, further demand, protest and may invoke the power of sale and any other remedies permitted by applicable law or notice provided herein. Borrower acknowledges that the power of sale herein granted may be exercised by Lender without prior judicial hearing. Borrower has the right to bring an action to assert the non-existence of a breach or any kindother defense of Borrower to acceleration and sale. ThereafterLender shall be entitled to collect all costs and expenses incurred in pursuing such remedies, including, but not limited to, attorney's fees and costs of documentary evidence, abstracts and title reports. Notwithstanding the foregoing, Lender shall not invoke any remedy provided hereunder, under the Loan Documents, at law or in equity upon Borrower's breach of a non-monetary representation, covenant, or agreement of Borrower in this Instrument, the Beneficiary mayNote, the Environmental Indemnity Agreement or any other Loan Document, other than a breach of paragraphs 5, 19, 32(k), 32(l) or 32(n) of this Instrument, or paragraph 2 of the Environmental Indemnity Agreement, provided Borrower shall have, on or before the date that is ten (10) days after Borrower's receipt of notice thereof, cured such default or, if such default cannot be cured within such ten (10) day period, Borrower shall have commenced to cure within such ten (10) day period and is taking all actions required to diligently cure such default and such default is cured on or before the date that is thirty (30) days after Borrower's receipt of a notice to cure such default. In the event that one or more of the events of default as above provided shall occur, the remedies available to Lender shall include, but not necessarily be limited to, any one or more of the following: (a) Either in person or by agentLender may declare the entire unpaid balance of the Note, together with or all accrued interest thereon, immediately due and payable without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and notice. (b) Lender may take immediate possession of the Mortgaged Property, Property or any part thereofthereof (which Borrower agrees to surrender to Lender) and manage, in its own name control or in lease the name of the Trustee, same to such person or persons and do any acts which at such rental as it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged Property, or part thereof or interest therein, increase the income therefrom or protect the security hereof, andmay deem proper; and collect, with or without taking possession of the Mortgaged Property, xxx for or otherwise collect all the rents rents, issues and issues thereofprofits therefrom, including those rents and issues past due as well as those thereafter accruing, with the right in Lender to cancel any lease, sublease or tenancy for any cause which would entitle Borrower to cancel the same; to make such expenditures for maintenance, repairs and unpaidcosts of operation as it may deem advisable; and after deducting the cost thereof and a commission of [five percent (5%)] upon the gross amounts of rents collected, and to apply the same, less costs and expenses residue to the payment of operation and collection including attorney’s fees, upon any Indebtedness, all in such order as sums which are unpaid hereunder or under the Beneficiary may determineNote. The entering upon and taking of possession of the Mortgaged Property, and/or the collection of such rents and issues and the application thereof as aforesaid, under this paragraph shall not cure prevent concurrent or waive any Event of Default or notice of Event of Default hereunder or invalidate any act done in response to such Default or pursuant to such notice of Default and notwithstanding later proceedings for the continuance in possession foreclosure of the Mortgaged Property or the collection, receipt and application of rents and issues, the Trustee or the Beneficiary shall be entitled to exercise every right as provided for in any instrument securing or relating to the Indebtedness or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; andelsewhere herein. (c) Exercise Lender may apply to any court of competent jurisdiction for the appointment of a receiver or similar official to manage and operate the Property, or any part thereof, and to apply the net rents, issues, and profits therefrom to the payment of the interest and the principal of the Note and any other obligations of Borrower to Lender hereunder. In the event of such application, Borrower consents to the appointment of such receiver or similar official and agrees that such receiver or similar official may be appointed without notice to Borrower, without regard to the adequacy of any security for the debt and without regard to the solvency of Borrower or any other person, firm or corporation who or which may be liable for the payment of the Note or any other obligation of Borrower hereunder. (d) Lender may exercise any or all of the remedies available to a secured party under the Connecticut Uniform Commercial Code Code, including, but not limited to: (i) Either personally or by means of North Carolina a court appointed receiver, to take possession of all or any of the Collateral and exclude therefrom Borrower and all others claiming under Borrower, and thereafter to hold, store, use, operate, manage, maintain and control, make repairs, replacements, alterations, additions and improvements to and exercise all rights and powers of Borrower in respect to the Collateral or any part thereof. In the event Lender demands or attempts to take possession of the Collateral in the exercise of any rights under any of the instruments which secure the Note, Borrower promises and agrees to promptly turn over and deliver complete possession thereof to Lender; (ii) Without notice to or demand upon Borrower, to make such payments and do such acts as Lender may deem necessary to protect its security interest in the Collateral, including without limitation, paying, purchasing, contesting or compromising any encumbrance, charge or lien which is prior to or superior to the security interest granted hereunder, and in exercising any such powers or authority to pay all expenses incurred in connection therewith; (iii) To require Borrower to assemble the Collateral or any portion thereof at a place designated by Lender and reasonably convenient to both parties, and promptly to deliver such Collateral to Lender, or an agent or representative designated by it. Lender, and its agents and representatives shall have the right to enter upon any or all of Borrower's premises and property to exercise Lender's rights hereunder; (iv) To sell, lease or otherwise dispose of the Collateral at public sale, with or without having the Collateral at the place of sale, and upon such terms and in such manner as Lender may determine. Lender may be a purchaser at any such sale, and unless the collateral are perishable or threaten to decline speedily in value or are of a type customarily sold on a recognized market, Lender shall give Borrower at least ten (10) days' prior written notice of the time and place of any public sale of the collateral or other applicable lawsintended disposition thereof. Such notice may be mailed to Borrower at the address hereinafter set forth for notice. (de) Notwithstanding any provision Lender shall have the right to foreclose the contrary Instrument and in this Deed of Trustan action or proceeding to foreclosure the Instrument, no deficiency judgment the Property may be rendered against the Grantor foreclosed in any action to collect any of the Indebtedness secured by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly parts or indirectly or contingently to secure any monies due or secured under this Deed of Trustas an entirety.

Acceleration Upon Default, Additional Remedies. In the event an of any Event of Default shall have occurred and is continuingDefault, the Beneficiary may declare all Indebtedness indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the Beneficiary beneficiary may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, (i) enter upon and take possession of the Mortgaged PropertyTrust Estate, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged PropertyTrust Estate, or part thereof or interest therein, increase the income therefrom or protect the security hereof, and, and (ii) with or without taking possession of the Mortgaged PropertyTrust Estate, xxx for or otherwise collect the rents and issues Rents thereof, including those rents and issues Rents past due and unpaid, unpaid and apply the same, less costs and expenses of operation and collection (including attorney’s attorneys' fees), upon any Indebtednessindebtedness secured hereby, all in such order as the Beneficiary may determine. The entering upon and taking possession of the Mortgaged PropertyTrust Estate, the collection of such rents and issues the Rents and the application thereof as aforesaid, aforesaid shall not cure or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and notwithstanding default. Notwithstanding the continuance in possession of the Mortgaged Property Trust Estate or the collection, receipt and application of rents and issuesthe Rents, the Trustee or the Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Loan Instruments or by law upon occurrence of any Event of Default, including the right to exercise the power of sale, as authorized by law; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially enforce any of the covenants hereof, (or cause the Trustee to foreclose this Deed of Trust by power of sale; and), appoint a receiver, or specifically enforce any of the covenants hereof; (c) Exercise any or all of the remedies available to a secured party under the Uniform Commercial Code of North Carolina or under any other applicable laws.Code, including, but not limited to: (d1) Notwithstanding Either personally or by means of a court-appointed receiver, take possession of all or any provision of the Personal Property and exclude therefrom the Grantor and all others claiming under the Grantor, and thereafter hold, store, use, operate, manage, maintain and control, make repairs, replacements, alterations, additions and improvements to the contrary in this Deed and exercise all rights and powers of Trust, no deficiency judgment may be rendered against the Grantor in respect to the Personal Property or any action part thereof. In the event the Beneficiary demands or attempts to collect take possession of the Personal Property in the exercise of any rights under any of the Indebtedness secured Loan Instruments, the Grantor promises and agrees to promptly turn over and deliver complete possession thereof to the Beneficiary; BK 1063 PG 364 (2) Without notice to or demand upon the Grantor, make such payments and do such acts as the Beneficiary may deem necessary to protect its security interest in the Personal Property, including without limitation, paying, purchasing, contesting or compromising any encumbrance, charge or lien which is prior to or superior to the security interest granted hereunder and in exercising any such powers or authority to pay all expenses incurred in connection therewith; (3) Require the Grantor to assemble the Personal Property or any portion thereof, at a place designated by this Deed of Trust the Beneficiary, and promptly to deliver such Personal Property to the taxing power Beneficiary or to an agent or representative designated by it. The Beneficiary and its agents and representatives shall have the right to enter upon any or all of the Grantor is not Grantor's premises and may not be pledged directly or indirectly or contingently property to secure any monies due or secured under this Deed of Trust.exercise the Beneficiary's rights hereunder;

Acceleration Upon Default, Additional Remedies. In the event an Event that one or more of the Events of Default as above provided shall have occurred occur and is continuingbe continuing and subject to the subordination provisions set forth herein, in the Security Agreement and in the Notes, the Beneficiary may declare all Indebtedness remedies available to Mortgagee shall include, but not necessarily be due and payable and limited to, any one or more of the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the Beneficiary mayfollowing: (a) Either Mortgagee may declare the entire unpaid balance of the indebtedness secured hereby due and payable in person or by agent, full in accordance with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and Security Agreement. (b) Mortgagee may take immediate possession of the Mortgaged Property, Property or any part thereofthereof (which Mortgagor agrees to surrender to Mortgagee) and manage, in its own name control or in lease the name of the Trustee, same to such person or persons and do any acts which at such rental as it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged Property, or part thereof or interest therein, increase the income therefrom or protect the security hereof, andmay deem proper; and collect, with or without taking possession of the Mortgaged Property, xxx for or otherwise collect all the rents Rents and issues thereofProfits therefrom, including those rents and issues past due as well as those thereafter accruing, with the right in Mortgagee to cancel any lease, sublease or tenancy for any cause which would entitle Mortgagor to cancel the same; to make such expenditures for maintenance, repairs and unpaidcosts of operation as it may deem advisable; and after deducting the cost thereof including the fee of a third-party property manager if one is engaged by Mortgagee, and to apply the same, less costs and expenses residue to the payment of operation and collection including attorney’s fees, upon any Indebtedness, all in such order as sums which are unpaid on the Beneficiary may determineindebtedness secured hereby. The entering upon taking of possession and/or the collection of rents under this paragraph shall not prevent concurrent or later proceedings for the foreclosure of the Mortgaged Property as provided elsewhere herein. (c) Mortgagee may apply to any court of competent jurisdiction for the appointment of a receiver or similar official to manage and taking possession of operate the Mortgaged Property, or any part thereof, and to apply the collection Rents and Profits therefrom to the payment of the interest and principal of the indebtedness due under the Notes and any other obligations of Mortgagor to Mortgagee hereunder. In the event of such rents application, Mortgagor consents to the appointment of such receiver or similar official and issues agrees that such receiver or similar official may be appointed without notice to Mortgagor, without regard to the adequacy of any security for the debt and without regard to the application thereof as aforesaidsolvency of Mortgagor or any other person, shall not cure firm or waive any Event of Default corporation who or notice of Event of Default hereunder or invalidate any act done in response to such Default or pursuant to such notice of Default and notwithstanding which may be liable for the continuance in possession payment of the Mortgaged Property or the collection, receipt and application of rents and issues, the Trustee or the Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to the Indebtedness or by law upon occurrence of any Event of Default, including the right to exercise the power of sale;indebtedness secured hereby. (bd) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; and (c) Exercise Mortgagee may exercise any or all of the remedies available to a secured party under the Connecticut Uniform Commercial Code Code, including, but not limited to: (1) Either personally or by means of North Carolina a court appointed receiver, to take possession of all or any of the Collateral and exclude therefrom Mortgagor and all others claiming under Mortgagor, and thereafter to hold, store, use, operate, manage, maintain and control, make repairs, replacements, alterations, additions and improvements to and exercise all rights and powers of Mortgagor in respect to the Collateral or any part thereof. In the event Mortgagee demands or attempts to take possession of the Collateral in the exercise of any rights under any of the instruments which secure the Notes, Mortgagor promises and agrees to promptly turn over and deliver complete possession thereof to Mortgagee; (2) Without notice to or demand upon Mortgagor, to make such payments and do such acts as Mortgagee may deem necessary to protect its security interest in the Collateral, including without limitation, paying, purchasing, contesting or compromising any encumbrance, charge or lien which is prior to or superior to the security interest granted hereunder, and in exercising any such powers or authority to pay all expenses incurred in connection therewith; (3) To require Mortgagor to assemble the Collateral or any portion thereof at a place designated by Mortgagee and reasonably convenient to both parties, and promptly to deliver such Collateral to Mortgagee, or an agent or representative designated by it. Mortgagee, and its agents and representatives, shall have the right to enter upon any or all of Mortgagor's premises and property to exercise Mortgagee's rights hereunder; (4) To sell, lease or otherwise dispose of the Collateral at public sale, with or without having the Collateral at the place of sale, and upon such terms and in such manner as Mortgagee may determine. Mortgagee may be a purchaser at any such sale, and unless the Collateral are perishable or threaten to decline speedily in value or are of a type customarily sold on a recognized market, Mortgagee shall give Mortgagor at least ten (10) days' prior written notice of the time and place of any public sale of the Collateral or other applicable lawsintended disposition thereof. Such notice may be mailed to Mortgagor at the address hereinafter set forth for notices. (de) Notwithstanding any provision Mortgagee shall have the right to foreclose the contrary Mortgage and in this Deed of Trustan action or proceeding to foreclosure the Mortgage, no deficiency judgment the Mortgaged Property may be rendered against the Grantor foreclosed in any action to collect any of the Indebtedness secured by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly parts or indirectly or contingently to secure any monies due or secured under this Deed of Trustas an entirety.

Acceleration Upon Default, Additional Remedies. In the event an Event of Default shall have occurred and is continuing, the Beneficiary may declare all Indebtedness to be due and payable and the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the Beneficiary may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged Property, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged Property, or part thereof or interest therein, increase the income therefrom or protect the security hereof, and, with or without taking possession of the Mortgaged Property, xxx sue for or otherwise collect the rents and issues thereof, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s fees, upon any Indebtedness, all in such order as the Beneficiary may determine. The entering upon and taking possession of the Mortgaged Property, the collection of such rents and issues and the application thereof as aforesaid, shall not cure or waive any Event of Default or notice of Event of Default hereunder or invalidate any act done in response to such Default or pursuant to such notice of Default and notwithstanding the continuance in possession of the Mortgaged Property or the collection, receipt and application of rents and issues, the Trustee or the Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to the Indebtedness or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; and (c) Exercise any or all of the remedies available to a secured party under the Uniform Commercial Code of North Carolina or under any other applicable laws. (d) Notwithstanding any provision to the contrary in this Deed of Trust, no deficiency judgment may be rendered against the Grantor in any action to collect any of the Indebtedness secured by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies money due or secured under this Deed of Trust.

Acceleration Upon Default, Additional Remedies. In Upon the event occurrence of an Event of Default shall have occurred Default, Beneficiary may, at its option, terminate its obligations under the Transaction Documents and is continuing, the Beneficiary may declare all Indebtedness Secured Obligations to be due and payable and the same shall thereupon become immediately due and payable without any presentment, demand, protest or further notice of any kind. Thereafter; and whether or not Beneficiary exercises said option, the Beneficiary may: (a) 5.2.1 Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged Property, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to complete the construction of the Improvements on the Land, to preserve the value, marketability or rentability of the Mortgaged Property, or part thereof or interest therein, increase the income therefrom or protect the security hereof, hereof and, with or without taking possession of the Mortgaged Property, xxx for or otherwise collect the rents and issues thereofRents, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s attorneys’ fees, upon any IndebtednessSecured Obligations, all in such order as the Beneficiary may determine. The entering upon and taking possession of the Mortgaged Property, the collection of such rents and issues Rents and the application thereof as aforesaid, shall not cure or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession by Trustee, Beneficiary or a receiver of all or any portion of the Mortgaged Property or the collection, receipt and application of rents and issuesany of the Rents, the Trustee or the Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Transaction Documents or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) 5.2.2 Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially or specifically enforce any of the covenants hereofcontained herein; 5.2.3 Deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause Trustor’s interest in the Property to be sold, which notice Trustee or Beneficiary shall cause to be duly filed for record in the Trustee to foreclose this Deed official records of Trust by power of sale; andthe County in which the Property is located; (c) 5.2.4 Exercise any or and/or all of the rights and remedies available to a secured party under the California Uniform Commercial Code in such order and in such manner as Beneficiary, in its sole discretion, may determine (including, without limitation, requiring Trustor to assemble the collateral and make the collateral available to Beneficiary at a reasonably convenient location or location); provided, however, that the expenses of North Carolina retaking, holding, preparing for sale or under the like as provided thereunder shall include reasonable attorneys’ fees and other expenses of Beneficiary and Trustee and shall be additionally secured by this Deed of Trust; and/or 5.2.5 Exercise all other rights and remedies provided herein, in any Transaction Document or other applicable lawsdocument or agreement now or hereafter securing all or any portion of the obligations secured hereby, or provided by law or in equity. (d) 5.2.6 Notwithstanding any provision anything to the contrary contained in this Deed of Trust, no deficiency judgment may be rendered against the Grantor in prior to declaring any action to collect default or taking any of the Indebtedness secured by remedy permitted under this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured applicable law based upon an alleged default under this Deed of TrustTrust by Trustor, PNC MultiFamily Capital Institutional Fund XXXVIII Limited Partnership and Columbia Housing SLP Corporation, an Oregon corporation (collectively, “Investor Limited Partner”) the limited partners of Trustor or their successors or assigns as limited partners of Trustor, shall have an additional period of not less than (a) ten (10) days to cure such alleged default if of a monetary nature, and (b) thirty (30) days to cure such alleged default if of a non-monetary nature; provided, however, if in order to cure such a default Investor Limited Partner, as the limited partner, must remove the general partner of Trustor, Investor Limited Partner, as the limited partner, shall so notify Beneficiary and so long as Investor Limited Partner, as the limited partner, is diligently and continuously attempting to so remove such general partner, Investor Limited Partner, as the limited partner, shall have until the date thirty (30) days after the effective date of the removal of the general partner or general partners to cure such default.

Acceleration Upon Default, Additional Remedies. In the event an Event of Default that one or more defaults as above provided shall have occurred and is continuingoccur, the Beneficiary may declare all Indebtedness remedies available to Lender shall include, but not necessarily be due and payable and limited to, any one or more of the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the Beneficiary mayfollowing: (a) Either in Lender may declare the entire unpaid balance of the Note immediately due and payable without notice. (b) Lender may take immediate possession of the Mortgaged Property or any part thereof(which Borrower agrees to surrender to Lender) and manage, control or lease the same to such person or by agentpersons and at such rental as it may deem proper and collect all rents, issues and profits, therefrom, including those past due as well as those thereafter accruing, with the right in the Lender to cancel any lease or without bringing sublease for any action cause which would entitle Borrower to cancel the same; to make such expenditures for maintenance, repairs and costs of operation as it may deem advisable; and after deducting the cost thereof and a commission of five (5%) percent upon the gross amount of rents collected, to apply the residue to the payment of any sums which are unpaid hereunder or proceeding, under the Note. The taking of possession under this paragraph shall not prevent concurrent or by later proceedings for the foreclosure sale of the Mortgaged Property as provided elsewhere herein. (c) Lender may apply to any court of competent jurisdiction for the appointment of a receiver appointed by a court or similar official to manage and without regard to the adequacy of its security, enter upon and take possession of operate the Mortgaged Property, or any part thereof, in its own name or in and to apply the name net rents and profits therefrom to the payment of the Trusteeinterest and/or principal of said Note and/or any other obligations of Borrower to Lender hereunder. In event of such application, Borrower agrees to consent to the appointment of such receiver or similar official, and do agrees that such receiver or similar official may be appointed without notice to Borrower without regard to the adequacy of any acts security for the debts and without regard to the solvency of Borrower or any other person, firm or corporation who or which it deems necessary or desirable to preserve may be liable for the value, marketability or rentability payment of the Mortgaged Property, Note or part thereof or interest therein, increase the income therefrom or protect the security hereof, and, with or without taking possession of the Mortgaged Property, xxx for or otherwise collect the rents and issues thereof, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s fees, upon any Indebtedness, all in such order as the Beneficiary may determine. The entering upon and taking possession of the Mortgaged Property, the collection of such rents and issues and the application thereof as aforesaid, shall not cure or waive any Event of Default or notice of Event of Default hereunder or invalidate any act done in response to such Default or pursuant to such notice of Default and notwithstanding the continuance in possession of the Mortgaged Property or the collection, receipt and application of rents and issues, the Trustee or the Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to the Indebtedness or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; and (c) Exercise any or all of the remedies available to a secured party under the Uniform Commercial Code of North Carolina or under any other applicable lawsobligation of Borrower hereunder. (d) Notwithstanding any provision Without declaring the entire unpaid principal balance due, the Lender may foreclose only as to the contrary sum past due, without injury to this Mortgage or the displacement or impairment of the remainder of the lien thereof, and at such foreclosure sale the property shall be sold subject to all remaining items of indebtedness; and Lender may again foreclose, in this Deed of Trustthe same manner, no deficiency judgment as often as there may be rendered against the Grantor in any action sum past due. (e) Lender may withhold disbursement, at Lender's option, of all or any portion of loan proceeds, for so long as any event, circumstance or condition exists which would give rise to collect any an Event of the Indebtedness secured by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured under this Deed of TrustDefault.

Acceleration Upon Default, Additional Remedies. In the event an Event of Default that one or more Defaults as above provided shall have occurred and is continuingoccur, the Beneficiary may declare all Indebtedness remedies available to Mortgagee shall include, but not necessarily be due and payable and limited to, any one or more of the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the Beneficiary mayfollowing: (a) Either in person or by agent, with or Mortgagee may declare the entire unpaid balance of the Note immediately due and payable without bringing notice. (b) Mortgagee may apply to any action or proceeding, or by court of competent jurisdiction for the appointment of a receiver appointed by a court or similar official to manage and without regard to the adequacy of its security, enter upon and take possession of operate the Mortgaged Property, or any part thereof, in its own name and to apply the net rents and profits therefrom to the payment of the interest and/or principal of said Note and/or any other obligations of Mortgagor to Mortgagee hereunder In event of such application, Xxxxxxxxx agrees to consent to the appointment of such receiver or similar official and agrees that such receiver or similar official may be appointed without notice to Xxxxxxxxx, without regard to the adequacy of any security for the debts and without regard to the solvency of Mortgagor or any other person, firm or corporation who or which may be liable for the payment of the Note or any other obligation of Mortgagor hereunder. (c) Mortgagee may institute proceedings for the complete or partial foreclosure of this Mortgage. (d) Without declaring the entire unpaid principal balance due, the Mortgagee may foreclose only as to the sum past due, without injury to this Mortgage or the displacement or impairment of the remainder of the lien thereof, and at such foreclosure sale the property shall be sold subject to all remaining items of indebtedness; and Mortgagee may again foreclose in the name same manner as often as there may be any sum past due. (e) To the maximum extent permitted under the laws of the TrusteeState of Florida, and do any acts which it deems necessary or desirable to preserve Mortgagee shall have the valueright, marketability or rentability of but not the Mortgaged Property, or part thereof or interest therein, increase the income therefrom or protect the security hereof, and, with or without taking possession of the Mortgaged Property, xxx for or otherwise collect the rents and issues thereof, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s feesduty, upon any Indebtedness, all in such order as the Beneficiary may determine. The entering upon and taking possession of the Mortgaged Property, the collection of such rents and issues and the application thereof as aforesaid, shall not cure or waive any Event of Default or notice of Event of Default hereunder or invalidate any act done in response to such Default or pursuant to such notice of Default and notwithstanding the continuance in possession of the Mortgaged Property or the collection, receipt and application of rents and issues, the Trustee or the Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to the Indebtedness or by law upon occurrence happening of any Event of Default, including in addition to the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially enforce any of the covenants hereof, rights or cause the Trustee to foreclose this Deed of Trust by power of sale; and (c) Exercise any or all of the remedies available to a secured party it under the Uniform Commercial Code of North Carolina or under any other applicable laws. (d) Notwithstanding any provision this Mortgage, to the contrary in this Deed of Trust, no deficiency judgment may be rendered against the Grantor in any action to collect any enter into possession of the Indebtedness secured by this Deed of Trust Premises and perform any and all work and labor, supply all materials and incur any costs and expenses including attorneys' fees, necessary to protect and/or secure the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured under this Deed of Trust.Improvements

Acceleration Upon Default, Additional Remedies. In Upon the event occurrence of an Event of Default shall have occurred and is continuinghereunder, Beneficiary may, at its option, declare the Beneficiary may declare all Indebtedness Secured Obligations to be due and payable and the same shall thereupon become immediately due and payable without any presentment, demand, protest or notice of any kind. ThereafterNotice of acceleration to Trustor shall not be required. Whether or not Beneficiary exercises said option, the Beneficiary may: (a) Either , to the extent permitted by law, either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged Property, or any part thereof, in its own name or in the name of the Trustee, and do any acts act which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged Property, or part thereof or interest therein, increase the income therefrom or protect the security hereof, thereof and, with or without taking possession of the Mortgaged Property, sue xxx for or otherwise collect the rents and issues thereof, Rents including those rents and issues past due and unpaid, and apply the same, less reasonable costs and expenses of operation and collection including attorney’s feescollection, including, but not limited to, attorneys' fees and expenses, upon any Indebtedness, the Secured Obligations all in such order as the Beneficiary may determine. The entering upon and taking possession of the Mortgaged Property, the collection of such rents and issues Rents, and the application thereof as aforesaid, shall not cure or waive any Event of Default or default, notice of default or Event of Default hereunder or invalidate any act done in response to such Default default or Event of Default, or pursuant to such notice of Default and default and, notwithstanding the continuance in possession by Trustee, Beneficiary or a receiver of all or any portion of the Mortgaged Property or the collection, receipt and application of rents and issuesany of the Rents thereby, the Trustee or the Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Loan Documents or by law upon occurrence of any Event of Default, including including, but not limited to, the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage. Beneficiary may also exercise all other rights and remedies provided herein, appoint a receiver, specially enforce in any Loan Document or in any other document or agreement now or hereafter securing all or any portion of the covenants hereofSecured Obligations, or cause the Trustee to foreclose this Deed of Trust provided by power of sale; and (c) Exercise any or all of the remedies available to a secured party under the Uniform Commercial Code of North Carolina or under any other applicable lawslaw. (d) Notwithstanding any provision to the contrary in this Deed of Trust, no deficiency judgment may be rendered against the Grantor in any action to collect any of the Indebtedness secured by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured under this Deed of Trust.

Acceleration Upon Default, Additional Remedies. In the event an Event of Default shall have occurred and is continuingany event of default, the Beneficiary may declare all Indebtedness Secured Obligations to be immediately due and payable and the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the Beneficiary may: (a) : Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged PropertyTrust Estate, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it deems deems, in the exercise of good faith, necessary or desirable to preserve the value, marketability or rentability of the Mortgaged PropertyTrust Estate, or part thereof or interest therein, increase the income therefrom or protect the security hereof, hereof and, with or without taking possession of the Mortgaged PropertyTrust Estate, xxx sue for or otherwise collect the rents Rents, issues and issues profits thereof, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s attorney fees, upon any Indebtednessindebtedness secured hereby, all in such order as the Beneficiary may determine. The entering upon and taking possession of the Mortgaged PropertyTrust Estate, the collection of such rents Rents, issues and issues profits and the application thereof as aforesaid, shall not cure or waive any Event of Default or default after written notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession of the Mortgaged Property Trust Estate or the collection, receipt and application of rents and issuesRents, the issues or profits, Trustee or the Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Loan Documents or by law upon occurrence of any Event event of Defaultdefault, including the right to exercise the power of sale; (b) ; Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially or specifically enforce any of the covenants hereofhereof and in case of any judicial sale of the Trust Estate, or any part thereof, the Property may be sold in one parcel and as one entity or in such parcels, manner or order as the Beneficiary, in its sole discretion, may elect; DEED OF TRUST PAGE 10 OF 17 Deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause Xxxxxxxx's interest in the Trust Estate to be sold, which notice Trustee or Beneficiary shall cause to foreclose this Deed of Trust by power of sale; and (c) Exercise any or all be duly filed for record in the official records of the remedies available to county in which the Trust Estate is located. The waiver by Beneficiary of any default shall not constitute a secured party under the Uniform Commercial Code waiver of North Carolina or under any other applicable lawsor subsequent default. (d) Notwithstanding any provision to the contrary in this Deed of Trust, no deficiency judgment may be rendered against the Grantor in any action to collect any of the Indebtedness secured by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured under this Deed of Trust.

Acceleration Upon Default, Additional Remedies. In the event If an Event of Default shall have occurred and is continuingoccurs, the Beneficiary may declare all Indebtedness the Obligations secured hereby to be due and payable and the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the Beneficiary may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged Property, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged Property, or part thereof or interest therein, increase the income therefrom or protect the security hereof, hereof and, with or without taking possession of the Mortgaged Property, xxx sxx for or otherwise collect the rents rents, issues and issues thereofprofits therefrom, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s 's fees, upon any Indebtednessindebtedness secured hereby, all in such order as the Beneficiary may determine. The entering upon and taking possession of the Mortgaged Property, the collection of such rents rents, issues and issues profits and the application thereof as aforesaid, shall not cure or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession of the Mortgaged Property or the collection, receipt and application of rents and issuesrents, the issues or profits, Trustee or the Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Loan Documents or by law upon occurrence of any Event event of Defaultdefault, including the right to exercise the power of sale;. (b) Commence an action to foreclose this Deed of Trust Mortgage as a mortgage, appoint a receiver, specially receiver or specifically enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; and; (c) Exercise any or all Deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the appropriate offices of the remedies available to a secured party under County in which the Uniform Commercial Code of North Carolina or under any other applicable laws.Property is located; or (d) Notwithstanding Exercise any provision to and all remedies permitted by the contrary in this Deed of Trust, no deficiency judgment may be rendered against the Grantor in any action to collect any of the Indebtedness secured by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured under this Deed of TrustNebraska Uniform Commercial Code.

Acceleration Upon Default, Additional Remedies. In Upon the occurrence of an event an Event of Default shall have occurred and is continuingdefault, the Beneficiary may Collateral Agent may, at its option, declare all Indebtedness indebtedness secured hereby to be due and payable and the same shall thereupon become immediately due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the Beneficiary Thereafter Collateral Agent may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged PropertyTrust Estate, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged PropertyTrust Estate, or any part thereof or interest therein, increase the income therefrom or protect the security hereof, hereof and, with or without taking possession of the Mortgaged PropertyTrust Estate, xxx sue for or otherwise collect the rents and issues thereofRents, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s collection, including, without limitation, attorneys’ fees, upon any Indebtednessindebtedness secured hereby, all in such order as the Beneficiary Collateral Agent may determine. The entering upon and taking possession of the Mortgaged PropertyTrust Estate, the collection of such rents and issues Rents, and the application thereof as aforesaid, shall will not cure or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession of all or any portion of the Mortgaged Property Trust Estate or the collection, receipt and application of rents and issuesRents, the Trustee or the Beneficiary shall Collateral Agent will be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Transaction Documents or by law upon occurrence of any Event event of Defaultdefault, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially or specifically enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; and; (c) Exercise any Deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause Bxxxxxxx’s interest in the Trust Estate to be sold, which notice Trustee or all Collateral Agent shall cause to be duly filed for record in the Official Records of the remedies available to a secured party under County in which the Uniform Commercial Code of North Carolina or under any other applicable laws.Trust Estate is located; or (d) Notwithstanding any provision to the contrary in this Deed of TrustExercise all other rights and remedies provided herein, no deficiency judgment may be rendered against the Grantor in any action to collect Transaction Document or other document or agreement now or hereafter securing all or any portion of the Indebtedness obligations secured hereby, or by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured under this Deed of Trustlaw.

Acceleration Upon Default, Additional Remedies. In Upon the event occurrence of an Event of Default shall have occurred and is continuingDefault, the Beneficiary may may, at its option, declare all Indebtedness to be due and payable and or any part of the same shall thereupon become Obligations immediately due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the Beneficiary may, in addition to the exercise of any or all of the remedies specified in Section 3.6 or Section 2.2: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged PropertyTrust Estate, or any part thereof, in its own name or in the name of the Trustee, and do any acts which that it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged PropertyTrust Estate, or any part thereof or interest therein, increase the income therefrom or protect the security hereof, hereof and, with or without taking possession of the Mortgaged PropertyTrust Estate, xxx for or otherwise collect the rents and issues Rents, or any part thereof, including including, without limitation, those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s (including, without limitation, attorneys’ fees, upon any Indebtedness) to the Obligations, all in such order as the Beneficiary may determine. The entering upon and taking possession of the Mortgaged PropertyTrust Estate, the collection of such rents and issues Rents and the application thereof as aforesaid, shall not cure or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession of all or any portion of the Mortgaged Property Trust Estate or the collection, receipt and application of rents and issuesRents, the Trustee or the Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Loan Documents or by law upon occurrence of any Event of Default, including including, without limitation, the right to exercise the power of salesale contained herein; (b) Commence an action to foreclose the lien of this Deed of Trust as a mortgagemortgage in accordance with Beneficiary’s rights under Utah Code Annotated § 57-1-23, or other applicable law, appoint a receiverreceiver as more particularly described in Section 4.5, specially or specifically enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; and; (c) Exercise any the power of sale herein contained and deliver to Trustee a written statement of default or all breach and cause Trustee to execute and record a notice of default and election to cause Trustor’s interest in the remedies available Trust Estate to a secured party under the Uniform Commercial be sold in accordance with Utah Annotated Code of North Carolina § 57-1-24 or under any other applicable laws.law; or (d) Notwithstanding any provision to the contrary in this Deed of TrustExercise all other rights and remedies provided herein, no deficiency judgment may be rendered against the Grantor in any action to collect Loan Document or other document or agreement now or hereafter securing or guarantying all or any portion of the Indebtedness secured Obligations, or by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured under this Deed of Trustlaw.

Acceleration Upon Default, Additional Remedies. In the event an Event of Default that one or more defaults as above provided shall have occurred and is continuingoccur, the Beneficiary may declare all Indebtedness remedies available to Mortgagee shall include, but not necessarily be due and payable and limited to, any one or more of the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the Beneficiary mayfollowing: (a) Either in Mortgagee shall declare the entire unpaid balance of the Note immediately due and payable without notice. (b) Mortgagee may take immediate possession of the Mortgaged Property or any part thereof (which Mortgagor agrees to surrender to Mortgagee) and manage, control or lease the same to such person or by agentpersons and at such rental as it may deem proper and collect all rents, issues and profits, therefrom, including those past due as well as those thereafter accruing, with the right in the Mortgagee to cancel any lease or without bringing sublease for any action cause which would entitle Mortgagor to cancel the same; to make such expenditures for maintenance, repairs and costs of operation as it may deem advisable; and after deducting the cost thereof and a commission of five (5%) percent upon the gross amount of rents collected, to apply the residue to the payment of any sums which are unpaid hereunder or proceeding, under the Note. The taking of possession under this paragraph shall not prevent concurrent or by later proceedings for the foreclosure sale of the Mortgaged Property as provided elsewhere herein. (c) Mortgagee may apply to any court of competent jurisdiction for the appointment of a receiver appointed by a court or similar official to manage and without regard to the adequacy of its security, enter upon and take possession of operate the Mortgaged Property, or any part thereof, in its own name or in and to apply the name net rents and profits therefrom to the payment of the Trusteeinterest and/or principal of said Note and/or any other obligations of Mortgagor to Mortgagee hereunder. In the event of such application, Mortgagor agrees to consent to the appointment of such receiver or similar official, and do agrees that such receiver or similar official may be appointed without notice to Mortgagor, without regard to the adequacy of any acts security for the debts and without regard to the solvency of Mortgagor or any other person, firm or corporation who or which it deems necessary or desirable to preserve may be liable for the value, marketability or rentability payment of the Mortgaged Property, Note or part thereof or interest therein, increase the income therefrom or protect the security hereof, and, with or without taking possession of the Mortgaged Property, xxx for or otherwise collect the rents and issues thereof, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s fees, upon any Indebtedness, all in such order as the Beneficiary may determine. The entering upon and taking possession of the Mortgaged Property, the collection of such rents and issues and the application thereof as aforesaid, shall not cure or waive any Event of Default or notice of Event of Default hereunder or invalidate any act done in response to such Default or pursuant to such notice of Default and notwithstanding the continuance in possession of the Mortgaged Property or the collection, receipt and application of rents and issues, the Trustee or the Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to the Indebtedness or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; and (c) Exercise any or all of the remedies available to a secured party under the Uniform Commercial Code of North Carolina or under any other applicable lawsobligation of Mortgagor hereunder. (d) Notwithstanding any provision Without declaring the entire unpaid principal balance due, the Mortgagee may foreclose only as to the contrary sum past due, without injury to this Mortgage or the displacement or impairment of the remainder of the lien thereof, and at such foreclosure sale the property shall be sold subject to all remaining items of indebtedness; and Mortgagee may again foreclose, in this Deed of Trustthe same manner, no deficiency judgment as often as there may be rendered against the Grantor in any action to collect any of the Indebtedness secured by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured under this Deed of Trustsum past due.

Acceleration Upon Default, Additional Remedies. In Upon the occurrence of an event an Event of Default shall have occurred and is continuingdefault, the Beneficiary may Collateral Agent may, at its option, declare all Indebtedness indebtedness secured hereby to be due and payable and the same shall thereupon become immediately due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the Beneficiary Thereafter Collateral Agent may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged Property, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged Property, or any part thereof or interest therein, increase the income therefrom or protect the security hereof, hereof and, with or without taking possession of the Mortgaged Property, xxx sue for or otherwise collect the rents and issues thereofRents, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s collection, including, without limitation, attorneys’ fees, upon any Indebtednessindebtedness secured hereby, all in such order as the Beneficiary Collateral Agent may determine. The entering upon and taking possession of the Mortgaged Property, the collection of such rents and issues Rents, and the application thereof as aforesaid, shall will not cure or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession of all or any portion of the Mortgaged Property or the collection, receipt and application of rents and issuesRents, the Trustee or the Beneficiary shall Collateral Agent will be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Transaction Documents or by law upon occurrence of any Event event of Defaultdefault, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust Mortgage as a mortgage, appoint a receiver, specially or specifically enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; and; (c) Exercise any or all Deliver to Borrower a written declaration of default and demand for sale, and a written notice of default and election to cause Bxxxxxxx’s interest in the Mortgaged Property to be sold, which notice Collateral Agent shall cause to be duly filed for record in the Official Records of the remedies available to a secured party under County in which the Uniform Commercial Code of North Carolina or under any other applicable laws.Mortgaged Property is located; or (d) Notwithstanding any provision to the contrary in this Deed of TrustExercise all other rights and remedies provided herein, no deficiency judgment may be rendered against the Grantor in any action to collect Transaction Document or other document or agreement now or hereafter securing all or any portion of the Indebtedness obligations secured hereby, or by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured under this Deed of Trustlaw.

Acceleration Upon Default, Additional Remedies. In Upon the event occurrence of an Event of Default shall have occurred and is continuingDefault, the Beneficiary may may, at its option, declare all Indebtedness indebtedness secured hereby to be due and payable and the same shall thereupon become immediately due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the Beneficiary may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged PropertyTrust Estate, or any part thereof, in its own name or in the name of the Trustee, and do any acts act which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged PropertyTrust Estate, or any part thereof or interest therein, increase the income therefrom or protect the security hereof, thereof and, with or without taking possession of the Mortgaged PropertyTrust Estate, xxx sue for or otherwise collect the rents rents, issues and issues profits thereof, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s including, without limitation, attorneys' fees, upon any Indebtednessindebtedness secured hereby, all in such order as the Beneficiary may determine. The entering upon and taking possession of the Mortgaged PropertyTrust Estate, the collection of such rents rents, issues and issues profits and the application thereof as aforesaid, shall not cure or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession of all or any portion of the Mortgaged Property Trust Estate or the collection, receipt and application of rents and issuesrents, the issues or profits, Trustee or the Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Loan Documents or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially or specifically enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; and; (c) Exercise any Deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee or all Beneficiary shall cause to be duly filed for record in the Official Records of the remedies available to a secured party under county in which the Uniform Commercial Code of North Carolina or under any other applicable laws.Trust Estate is located; or (d) Notwithstanding any provision to the contrary in this Deed of TrustExercise all other rights and remedies provided herein, no deficiency judgment may be rendered against the Grantor in any action to collect Loan Document or other document or agreement now or hereafter securing all or any portion of the Indebtedness obligations secured hereby, or by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured under this Deed of Trustlaw.

Acceleration Upon Default, Additional Remedies. In Upon the event an Event occurrence of Default shall have occurred and is continuinga Default, the Beneficiary may may, at its option, declare all Indebtedness indebtedness secured hereby to be due and payable and the same shall thereupon become immediately due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the Thereafter Beneficiary may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged PropertyLand or the Improvements, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of any portion of the Mortgaged PropertyTrust Estate, including, without limitation (i) taking possession of Trustor’s books and records, (ii) completing the rehabilitation of the Improvements, (iii) maintaining or part thereof repairing the Improvements or interest thereinany other portion of the Trust Estate, increase (iv) increasing the income therefrom or protect from the security hereof, andTrust Estate, with or without taking possession of the Mortgaged PropertyLand or the Improvements, xxx (v) entering into, modifying, or enforcing any Leases, (vi) suing for or otherwise collect collecting the rents and issues thereofRents or other amounts owing to Trustor, including those rents and issues past due and unpaid, and apply (vii) applying the same, less costs and expenses of operation and collection including attorney’s including, without limitation, attorneys’ fees, upon any Indebtednessindebtedness secured hereby, all in such order as the Beneficiary may determine. The entering upon and taking possession of the Mortgaged PropertyLand or the Improvements, the collection of such rents and issues Rents and the application thereof as aforesaidprovided above, shall not cure or waive any Event of Default or notice of Event of Default hereunder or invalidate any act done in response to such Default or pursuant to such notice of Default and notwithstanding the continuance in possession of the Mortgaged Property or the collection, receipt and application of rents and issues, the Trustee or the Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to the Indebtedness or by law upon occurrence of any Event of Default, including the right to exercise the power of saledefault hereunder; (b) Enforce all of the rights and remedies of an assignee for turnover of rents, issues and profits under Section 2938 of the California Civil Code, as such Section may be amended from time to time; (c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially or specifically enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; and (c) Exercise any or all of the remedies available to a secured party under the Uniform Commercial Code of North Carolina or under any other applicable laws.; (d) Notwithstanding any provision Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to cause Trustor’s interest in the contrary Trust Estate to be sold, which notice Trustee or Beneficiary shall cause to be duly filed of record in this Deed the Official Records of Trustthe County in which the Land is located; or (e) Exercise all other rights and remedies provided herein, no deficiency judgment may be rendered against the Grantor in any action to collect Loan Document or other document or agreement now or hereafter securing all or any portion of the Indebtedness obligations secured hereby, or by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured under this Deed of Trustlaw.

Acceleration Upon Default, Additional Remedies. In Upon the event occurrence of an Event of Default shall have occurred and is continuingDefault, the Beneficiary may declare Administrative Agent may: (i) Declare all Indebtedness Secured Obligations to be due and payable payable, and the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafterkind except as otherwise provided herein, and Fine Host hereby waives notice of intent to accelerate the Beneficiary may:Secured Obligations, all subject to the provisions of the Loan Agreement; (aii) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court court, and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged Property, Estate or any part thereof, in its own name or in the name of the Trustee, thereof and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged PropertyEstate, or part thereof or interest therein, increase the income therefrom or protect the security hereof, hereof and, with or without taking possession of the Mortgaged PropertyEstate, take any action described in Articles II, III or IV hereof, xxx for or otherwise collect the rents rents, issues and issues profits thereof, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s reasonable attorneys' fees, upon any IndebtednessSecured Obligations, all in such order as the Beneficiary Administrative Agent may determine. The entering upon and taking possession of the Mortgaged PropertyEstate, the taking of any action described in Articles II, III or IV hereof, the collection of such rents rents, issues and issues profits and the application thereof as aforesaid, shall not cure or waive any Event of Default default or notice of Event of Default hereunder default or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession of the Mortgaged Property Estate or the collection, receipt and application of rents and issuesrents, issues or profits, the Trustee or the Beneficiary Administrative Agent shall be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Loan Documents or by law upon occurrence of any Event of Default, including the right to exercise the power of salesale herein conferred; (biii) Commence an action to foreclose this Deed of Trust as a mortgageMortgage, appoint a receiver, specially specifically enforce any of the covenants hereof, or cause sell the Trustee Mortgaged Estate pursuant to foreclose this Deed of Trust by the power of sale; andsale herein conferred; (civ) Exercise any or all of the remedies available to a secured party under the Uniform Commercial Code of North Carolina or under any other applicable laws.UCC; and (dv) Notwithstanding Apply any provision sums or amounts received pursuant to Section 1.05 or Section 1.12 hereto, or as rents or income of the contrary Mortgaged Estate or otherwise, upon any Secured Obligation in this Deed such manner and order as the Administrative Agent may elect. The receipt, use or application of Trust, no deficiency judgment may any such sums by the Administrative Agent hereunder shall not be rendered against construed to affect the Grantor in maturity of any action to collect Secured Obligation or any of the Indebtedness secured by this Deed of Trust and the taxing power rights or powers of the Grantor is not and may not be pledged directly Administrative Agent under the terms of the Loan Documents or indirectly any of the obligations of Fine Host or contingently to secure any monies due or secured under this Deed of Trustthe other Borrowers.

Acceleration Upon Default, Additional Remedies. In Upon the occurrence of any event an Event of Default shall have occurred and is continuingdefault, the Beneficiary Mortgagee may declare all Indebtedness indebtedness secured hereby to be due and payable and the same shall thereupon become immediately due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the Beneficiary Mortgagee may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged PropertyProperty in accordance with applicable law, or any part thereof, in its own name or in the name of the Trusteename, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged Property, Property or part thereof or interest therein, increase the income therefrom or protect the security hereof, hereof and, with or without taking possession of the Mortgaged Property, xxx for or otherwise collect the rents rents, issues and issues profits thereof, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s fees, upon any Indebtedness, all same in such order as the Beneficiary may determineaccordance with Section 2.05 hereof. The entering upon and taking possession of the Mortgaged Property, the collection of such rents rents, issues and issues profits and the application thereof as aforesaid, shall not cure or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default default and notwithstanding the continuance in possession of the Mortgaged Property or the collection, receipt and application of rents and issuesrents, the Trustee issues or the Beneficiary profits, Mortgagee shall be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Loan Instruments or by law upon occurrence of any Event event of Default, including the right to exercise the power of saledefault; (b) Commence an action to foreclose this Deed of Trust as a mortgageMortgage, appoint a receiver, specially or specifically enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; and; (c) Exercise any or all of the remedies available to a secured party under the Uniform Commercial Code of North Carolina or under any other applicable laws.Indiana, including, but not limited to: (di) Notwithstanding any provision to the contrary in this Deed Either personally or by means of Trusta court appointed receiver, no deficiency judgment may be rendered against the Grantor in any action to collect take possession of all or any of the Indebtedness secured by this Deed Personal Property and exclude therefrom Mortgagor and all others claiming under Mortgagor, and thereafter hold, store, use, operate, manage, maintain and control, make repairs, replacements, alterations, additions and improvements to and exercise all rights and powers of Trust and Mortgagor in respect to the taxing power Personal Property or any part thereof. In the event Mortgagee demands or attempts to take possession of the Grantor Personal Property in the exercise of any rights under any of the Loan Instruments, Mortgagor promises and agrees to promptly turn over and deliver complete possession thereof to Mortgagee; (ii) Without notice to or demand upon Mortgagor, make such payments and do such acts as Mortgagee may deem necessary to protect its security interest in the Personal Property, including without limitation, paying, purchasing, contesting, or compromising any encumbrance, charge or lien which is not prior to or superior to the security interest granted hereunder, and in exercising any such powers or authority to pay all expenses incurred in connection therewith; (iii) Require Mortgagor to assemble the Personal Property or any portion thereof, at a place designated by Mortgagee and reasonably convenient to both parties, and promptly to deliver such Personal Property to Mortgagee, or an agent or representative designated by it. Mortgagee, and its agents and representatives shall have the right to enter upon any or all of Mortgagor's premises and property to exercise Mortgagee's rights hereunder; (iv) Sell, lease or otherwise dispose of the Personal Property at public sale, with or without having the Personal Property at the place of sale, and upon such terms and in such manner as Mortgagee may not determine. Mortgagee may be pledged directly a purchaser at any such sale; (v) Unless the Personal Property is perishable or indirectly threatens to decline speedily in value or contingently is of a type customarily sold on a recognized market, Mortgagee shall give Mortgagor at least ten (10) days prior written notice of the time and place of any public sale of the Personal Property or other intended disposition thereof. Such notice may be mailed to secure any monies due or secured under Mortgagor at the address set forth at the beginning of this Deed of TrustMortgage.

Acceleration Upon Default, Additional Remedies. In Upon the event occurrence of an Event of Default shall have occurred and is continuingDefault, the Beneficiary may Mortgagee may, at its option, declare all Indebtedness indebtedness secured hereby to be due and payable and the same shall thereupon become immediately due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the Beneficiary Thereafter Mortgagee may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged Property, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged Property, or any part thereof or interest therein, increase the income therefrom or protect the security hereof, hereof and, with or without taking possession of the Mortgaged Property, xxx for sue fxx or otherwise collect the rents and issues thereofRents, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s collection, including, without limitation, attorneys’ fees, upon any Indebtednessindebtedness secured hereby, all in such order as the Beneficiary Mortgagee may determine. The entering upon and taking possession of the Mortgaged Property, the collection of such rents and issues Rents, and the application thereof as aforesaid, shall will not cure or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession of all or any portion of the Mortgaged Property or the collection, receipt and application of rents and issuesRents, the Trustee or the Beneficiary shall Mortgagee will be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Loan Documents or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust Mortgage as a mortgage, appoint a receiver, specially or specifically enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; andor (c) Exercise all other rights and remedies provided herein, in any Loan Document or other document or agreement now or hereafter securing all or any portion of the remedies available to a obligations secured party under the Uniform Commercial Code of North Carolina hereby, or under any other applicable lawsby law. (d) Notwithstanding any provision to the contrary in this Deed of Trust, no deficiency judgment may be rendered against the Grantor in any action to collect any of the Indebtedness secured by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured under this Deed of Trust.

Acceleration Upon Default, Additional Remedies. In the event an Event of Default that one or more defaults as above provided shall have occurred and is continuingoccur, the Beneficiary may declare all Indebtedness remedies available to Mortgagee shall include, but not necessarily be due and payable and limited to, any one or more of the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the Beneficiary mayfollowing: (a) Either in Mortgagee shall declare the entire unpaid balance of the Note, together with any amounts outstanding hereunder, immediately due without notice. (b) Mortgagee may take immediate possession of the Mortgaged Property or any part thereof (which Mortgagor agrees to surrender to Mortgagee) and manage, control or lease the same to such person or by agentpersons and at such rental as it may deem proper and collect all rents, issues and profits, therefrom, including those past due as well as those thereafter accruing, with the right in the Mortgagee to cancel any lease or without bringing sublease for any action cause which would entitle Mortgagor to cancel the same; to make such expenditures for maintenance, repairs and costs of operation as it may deem advisable; and after deducting the cost thereof, to apply the residue to the payment of any sums which are unpaid hereunder or proceeding, under the Note. The taking of possession under this paragraph shall not prevent concurrent or by later proceedings for the foreclosure sale of the Mortgaged Property as provided elsewhere herein. (c) Mortgagee may apply to any court of competent jurisdiction for the appointment of a receiver appointed by a court or similar official to manage and without regard to the adequacy of its security, enter upon and take possession of operate the Mortgaged Property, or any part thereof, in its own name or in and to apply the name net rents and profits therefrom to the payment of the Trusteeinterest and/or principal of the Note and/or any other obligations of Mortgagor to Mortgagee hereunder. In event of such application, Mortgagor agrees to consent to the appointment of such receiver or similar official, and do agrees that such receiver or similar official may be appointed without notice to Mortgagor, with regard to the adequacy of any acts security for the debts and with regard to the solvency of Mortgagor or any other person, firm or corporation who or which it deems necessary may be liable for the payment of the Note or desirable to preserve the value, marketability or rentability any other obligation of Mortgagor hereunder. (d) Mortgagee may institute an action of mortgage foreclosure against the Mortgaged Property, or part thereof take such other action at law or interest thereinin equity for the enforcement of this Mortgage and realization on the Mortgaged Property or any other security herein or elsewhere provided for, increase as the income therefrom or protect law may allow, and may proceed therein to final judgment and execution for the security hereof, andentire unpaid balance of the principal debt, with interest at the rate stipulated in the Note to the date of the event of default, and thereafter at the default rate specified in the Note, together with all other sums due by Mortgagor in accordance with the provisions of the Note and this Mortgage, including all sums which may have been loaned by Mortgagee to Mortgagor after the date of this Mortgage, and all sums which may have been advanced by Mortgagee for taxes, water or without taking possession of sewer rents, charges or claims, payments on prior liens, insurance, utilities or repairs to the Mortgaged Property, xxx for all costs of suit, together with interest at the default rate on any judgment obtained by Mortgagee from and after the date of any judicial sale of the Mortgaged Property until actual payment is made of the full amount due Mortgagee. (e) Without declaring the entire unpaid principal balance due, the Mortgagee may foreclose only as to the sum past due, without injury to this Mortgage or the displacement or impairment of the remainder of the lien thereof, and at such foreclosure sale the property shall be sold subject to all remaining items of indebtedness; and Mortgagee may again foreclose, in the same manner, as often as there may be any sum past due. (f) Mortgagee may realize upon the Personal Property which is collateral heretofore, enforce and exercise all of the Mortgagor’s rights, powers, privileges and remedies in respect of the Personal Property collateral, dispose of or otherwise collect deal with the rents and issues thereof, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s fees, upon any Indebtedness, all Personal Property collateral in such order as the Beneficiary Mortgagee may in its discretion determine. The entering upon , and taking possession of the Mortgaged Propertyexercise any and all other rights, the collection of such rents powers, privileges and issues and the application thereof as aforesaid, shall not cure or waive any Event of Default or notice of Event of Default hereunder or invalidate any act done in response to such Default or pursuant to such notice of Default and notwithstanding the continuance in possession of the Mortgaged Property or the collection, receipt and application of rents and issues, the Trustee or the Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to the Indebtedness or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; and (c) Exercise any or all of the remedies available afforded to a secured party under the Uniform Commercial Code laws of North Carolina the State of Florida, as well as all other rights or under any other applicable laws. (d) Notwithstanding any provision remedies available at law or in equity with regard to the contrary in this Deed of Trust, no deficiency judgment may be rendered against the Grantor in any action to collect any of the Indebtedness secured by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured under this Deed of TrustMortgaged Property collateral.

Acceleration Upon Default, Additional Remedies. In Upon the event an occurrence of any Event of Default shall have occurred and is continuingDefault, the Beneficiary Mortgagee may declare all Indebtedness indebtedness secured hereby to be due and payable and the same shall thereupon become immediately due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the Beneficiary Mortgagee may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged PropertyDevelopment in accordance with applicable law, or any part thereof, in its own name or in the name of the Trusteename, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged Property, Development or part thereof or interest therein, increase the income therefrom or protect the security hereof, hereof and, with or without taking possession of the Mortgaged PropertyDevelopment, xxx for or otherwise collect the rents rents, issues and issues profits thereof, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s fees, upon any Indebtedness, all same in such order as the Beneficiary may determineaccordance with Section 12 hereof. The entering upon and taking possession of the Mortgaged PropertyDevelopment, the collection of such rents rents, issues and issues profits and the application thereof as aforesaid, shall not cure or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default default and notwithstanding the continuance in possession of the Mortgaged Property Development or the collection, receipt and application of rents and issuesrents, the Trustee issues or the Beneficiary profits, Mortgagee shall be entitled to exercise every right provided for in the Credit Agreement or any instrument securing or relating to of Loan Documents (as defined in the Indebtedness Credit Agreement) or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgageMortgage, appoint a receiver, specially or specifically enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; and; (c) Exercise Foreclose this Mortgage either by sale at public outcry or by proceedings in law or equity; and Mortgagee may become the purchaser at any foreclosure sale if the highest bidder, and, in the event of sale at public outcry, Mortgagee may sell or cause to be sold, all and singular, the Development and all the estate, right, title and interest, claim and demand therein, such sale or sales to be made at public outcry at the North door of the remedies available courthouse of the county in which the Real Estate is located at such time or times and upon such terms as may be required by law or as Mortgagee may determine, after having first given notice of the time, place and terms of sale, together with the description of the property to be sold, by publication once a secured party under week for three consecutive weeks prior to said sale in any newspaper then published in the Uniform Commercial Code county in Alabama in which the Property is located, and after giving such other notice of North Carolina the time, place and terms of sale as may be required by law. In the event of a sale hereunder, Mortgagee or under any other applicable laws. (d) Notwithstanding any provision owners of the debt and Mortgage, or the auctioneer, shall execute to the contrary purchaser for and in this Deed the name of TrustMortgagor, no deficiency judgment a good and sufficient deed to the Development, Mortgagee may be rendered against sell such property either as a whole or in separate parcels and in such order as Mortgagee may direct (Mortgagor waiving any right to direct the Grantor order of sale), at public auction to the highest bidder for cash in any action to collect any lawful money of the Indebtedness secured United States (or cash equivalents acceptable to Mortgagee to the extent permitted by this Deed applicable law), payable at the time of Trust sale. Mortgagee may postpone the sale of all or any part of the Development by public announcement at such time and place of sale, and from time to time after any such postponement may postpone such sale by public announcement at the time fixed by the preceding postponement. Mortgagee shall deliver to the purchaser at such sale its deed conveying the property so sold, but without any covenant or warranty, express or implied, and the taxing power recitals in such deed of any matters or facts shall be conclusive proof of the Grantor is not truthfulness thereof. Any person, including Mortgagee, may purchase at such sale, and any bid by Mortgagee may not be pledged directly be, in whole or indirectly in part, in the form of cancellation of all or contingently to secure any monies due or part of the Obligations secured under this Deed of Trusthereby.

Acceleration Upon Default, Additional Remedies. In Upon the event occurrence of an Event of Default shall have occurred and is continuingDefault, the Beneficiary may may, at its option, declare all Indebtedness indebtedness and obligations secured hereby to be due and payable and the same shall thereupon become immediately due and payable without any presentment, demand, protest or notice of any kind. Thereafter; and whether or not Beneficiary exercises said option, the Beneficiary may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged PropertyTrust Estate, or any part thereof, in its own name or in the name of the Trustee, and do any acts act which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged PropertyTrust Estate, or part thereof or interest therein, increase the income therefrom or protect the security hereof, hereof and, with or without taking possession of the Mortgaged Property, xxx for or otherwise collect the rents and issues thereof, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s fees, upon any Indebtedness, all in such order as the Beneficiary may determineTrust Estate. The entering upon and taking possession of the Mortgaged Property, the collection of such rents and issues and the application thereof as aforesaid, Trust Estate shall not cure or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession by Trustee, Beneficiary or a receiver of all or any portion of the Mortgaged Property or the collection, receipt and application of rents and issuesTrust Estate, the Trustee or the Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Loan Instruments or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially or specifically enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; and; (c) Exercise any Deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause Trustor's interest in the Trust Estate to be sold, which notice the Trustee or all Beneficiary shall cause to be duly filed for record in the Official Records of the remedies available to a secured party under County in which the Uniform Commercial Code of North Carolina or under any other applicable laws.Land is located; or (d) Notwithstanding any provision to the contrary in this Deed of TrustExercise all other rights and remedies provided herein, no deficiency judgment may be rendered against the Grantor in any action to collect Loan Instrument or other document or agreement now or hereafter securing all or any portion of the Indebtedness obligations secured hereby, or provided by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured under this Deed of Trustlaw.

Acceleration Upon Default, Additional Remedies. Time is of the essence hereof. In the event an Event of Default shall have occurred and is continuingany event of default hereunder, the Beneficiary may declare all Indebtedness indebtedness secured hereby to be due and payable by written notice to the Trustor as outlined in Section 10.3 of the Master Resolution and the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. ThereafterThereafter Beneficiary may exercise any or all of the following remedies, or any other remedies which Beneficiary is entitled to under any of the Beneficiary mayLoan Instruments or applicable law: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged PropertyTrust Estate, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged PropertyTrust Estate, or a part thereof or interest therein, increase the income therefrom or protect the security hereof, hereof and, with or without taking possession of the Mortgaged PropertyTrust Estate, xxx sue for or otherwise collect the rents rents, issues and issues profits thereof, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s fees, upon any Indebtednessindebtedness secured hereby, all in such order as the Beneficiary may determine. The entering upon and taking possession of the Mortgaged PropertyTrust Estate, the collection of such rents rents, issues and issues profits and the application thereof as aforesaid, shall not cure or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession of the Mortgaged Property Trust Estate or the collection, receipt and application of rents and issuesrents, the issues or profits, Trustee or the and/or Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Loan Instruments or by law upon occurrence of any Event event of Defaultdefault, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially or specifically enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; andand/or (c) Exercise any or all of Cause Trustor’s interest in the remedies available Trust Estate to a secured party be sold by the Trustee under the Uniform Commercial Code of North Carolina or under any other applicable laws. (d) Notwithstanding any provision to the contrary in this Deed of Trust, no deficiency judgment may be rendered against the Grantor in any action to collect any of the Indebtedness secured by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured under this Deed of Trustsale set forth herein.

Acceleration Upon Default, Additional Remedies. Time is of the essence hereof. In the event an Event of Default shall have occurred and is continuingany event of default hereunder, the Beneficiary may declare all Indebtedness indebtedness secured hereby to be due and payable by written notice to the Trustor as outlined in Section 9.2 of the General Indenture and the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. ThereafterThereafter Beneficiary may exercise any or all of the following remedies, or any other remedies which Beneficiary is entitled to under any of the Beneficiary mayLoan Instruments or applicable law: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged PropertyTrust Estate, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged PropertyTrust Estate, or a part thereof or interest therein, increase the income therefrom or protect the security hereof, hereof and, with or without taking possession of the Mortgaged PropertyTrust Estate, xxx sue for or otherwise collect the rents rents, issues and issues profits thereof, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s fees, upon any Indebtednessindebtedness secured hereby, all in such order as the Beneficiary may determine. The entering upon and taking possession of the Mortgaged PropertyTrust Estate, the collection of such rents rents, issues and issues profits and the application thereof as aforesaid, shall not cure or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession of the Mortgaged Property Trust Estate or the collection, receipt and application of rents and issuesrents, the issues or profits, Trustee or the and/or Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Loan Instruments or by law upon occurrence of any Event event of Defaultdefault, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially or specifically enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; andand/or (c) Exercise any or all of Cause Trustor’s interest in the remedies available Trust Estate to a secured party be sold by the Trustee under the Uniform Commercial Code of North Carolina or under any other applicable laws. (d) Notwithstanding any provision to the contrary in this Deed of Trust, no deficiency judgment may be rendered against the Grantor in any action to collect any of the Indebtedness secured by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured under this Deed of Trustsale set forth herein.

Acceleration Upon Default, Additional Remedies. In Upon the event occurrence of an Event of Default shall have occurred Default, Beneficiary may, at its option, terminate its obligations under the Authority Loan Documents and is continuing, the Beneficiary may declare all Indebtedness Secured Obligations to be due and payable and the same shall thereupon become immediately due and payable without any presentment, demand, protest or further notice of any kind. Thereafter; and whether or not Beneficiary exercises said option, the Beneficiary may: (a) 5.2.1 Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged Property, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to complete the construction of the Improvements on the Land, to preserve the value, marketability or rentability of the Mortgaged Property, or part thereof or interest therein, increase the income therefrom or protect the security hereof, hereof and, with or without taking possession of the Mortgaged Property, xxx sue for or otherwise collect the rents and issues thereofRents, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s attorneys’ fees, upon any IndebtednessSecured Obligations, all in such order as the Beneficiary may determine. The entering upon and taking possession of the Mortgaged Property, the collection of such rents and issues Rents and the application thereof as aforesaid, shall not cure or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession by Trustee, Beneficiary or a receiver of all or any portion of the Mortgaged Property or the collection, receipt and application of rents and issuesany of the Rents, the Trustee or the Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Authority Loan Documents or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) 5.2.2 Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially or specifically enforce any of the covenants hereofcontained herein; 5.2.3 Deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause Trustor’s interest in the Property to be sold, which notice Trustee or Beneficiary shall cause to be duly filed for record in the Trustee to foreclose this Deed official records of Trust by power of sale; andthe County in which the Property is located; (c) 5.2.4 Exercise any or and/or all of the rights and remedies available to a secured party under the California Uniform Commercial Code in such order and in such manner as Beneficiary, in its sole discretion, may determine (including, without limitation, requiring Trustor to assemble the collateral and make the collateral available to Beneficiary at a reasonably convenient location or location); provided, however, that the expenses of North Carolina retaking, holding, preparing for sale or under any the like as provided thereunder shall include reasonable attorneys’ fees and other applicable laws. (d) Notwithstanding any provision to the contrary in this Deed expenses of Trust, no deficiency judgment may Beneficiary and Trustee and shall be rendered against the Grantor in any action to collect any of the Indebtedness additionally secured by this Deed of Trust Trust; and/or 5.2.5 Exercise all other rights and the taxing power remedies provided herein, in any Project Document or other document or agreement now or hereafter securing all or any portion of the Grantor is not and may not be pledged directly obligations secured hereby, or indirectly provided by law or contingently to secure any monies due or secured under this Deed of Trustin equity.

Acceleration Upon Default, Additional Remedies. Time is of the essence hereof. In the event an Event of Default shall have occurred and is continuingany event of default hereunder, the Beneficiary may declare all Indebtedness indebtedness secured hereby to be due and payable by written notice to the Trustor as outlined in Section 10.2 of the Master Resolution and the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. ThereafterThereafter Beneficiary may exercise any or all of the following remedies, or any other remedies which Beneficiary is entitled to under any of the Beneficiary mayLoan Instructions or applicable law: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged Property, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged PropertyTrust Estate, or a part thereof or interest therein, increase the income therefrom or protect the security hereof, hereof and, with or without taking possession of the Mortgaged PropertyTrust Estate, xxx for or otherwise collect the rents rents, issues and issues profits thereof, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s fees, upon any Indebtednessindebtedness secured hereby, all in such order as the Beneficiary may determine. The entering upon and taking possession of the Mortgaged PropertyTrust Estate, the collection of such rents rents, issues and issues profits and the application thereof as aforesaid, shall not cure or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession of the Mortgaged Property Trust Estate or the collection, receipt and application of rents and issuesrents, the issues or profits, Trustee or the and/or Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to the Indebtedness or by law upon occurrence event of any Event of Defaultdefault, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially or specifically enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; andand/or (c) Exercise any or all of Cause Trustor’s interest in the remedies available Trust Estate to a secured party be sold by the Trustee under the Uniform Commercial Code of North Carolina or under any other applicable laws. (d) Notwithstanding any provision to the contrary in this Deed of Trust, no deficiency judgment may be rendered against the Grantor in any action to collect any of the Indebtedness secured by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured under this Deed of Trustsale set forth herein.

Acceleration Upon Default, Additional Remedies. In Upon the event occurrence of an Event of Default shall have occurred and is continuingDefault, the Beneficiary may may, at its option, declare all Indebtedness indebtedness secured hereby to be due and payable and the same shall thereupon become immediately due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the Beneficiary may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged PropertyTrust Estate, or any part thereof, in its own name or in the name of the Trustee, and do any acts act which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged PropertyTrust Estate, or any part thereof or interest therein, increase the income therefrom or protect the security hereof, thereof and, with or without taking possession of the Mortgaged PropertyTrust Estate, xxx for or otherwise collect the rents rents, issues and issues profits thereof, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s including, without limitation, attorneys' fees, upon any Indebtednessindebtedness secured hereby, all in such order as the Beneficiary may determine. The entering upon and taking possession of the Mortgaged PropertyTrust Estate, the collection of such rents rents, issues and issues profits and the application thereof as aforesaid, shall not cure or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession of all or any portion of the Mortgaged Property Trust Estate or the collection, receipt and application of rents and issuesrents, the issues or profits, Trustee or the Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Loan Documents or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially or specifically enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; and; (c) Exercise any Deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause Trustor's interest in the Trust Estate to be sold, 157 which notice Trustee or all Beneficiary shall cause to be duly filed for record in the Official Records of the remedies available to a secured party under county in which the Uniform Commercial Code of North Carolina or under any other applicable laws.Trust Estate is located; or (d) Notwithstanding any provision to the contrary in this Deed of Trust, no deficiency judgment may be rendered against the Grantor Exercise all other rights and remedies provided herein in any action to collect Loan Document or other document or agreement now or hereafter securing all or any portion of the Indebtedness obligations secured hereby, or by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured under this Deed of Trustlaw.

Acceleration Upon Default, Additional Remedies. In Upon the event occurrence of an Event of Default shall have occurred and is continuingDefault, the Beneficiary Grantee may declare all Indebtedness secured hereby to be immediately due and payable and payable. Grantee may do any one or more of the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the Beneficiary mayfollowing: (aA) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged PropertyCollateral, or any part thereof, in its own name or in the name of the Trusteea trustee or receiver, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged PropertyCollateral, or any part thereof or interest therein, increase the income therefrom or protect the security hereof, hereof and, with or without taking possession of the Mortgaged PropertyCollateral, xxx for or otherwise collect the rents and issues thereofRents, including those rents and issues past due and unpaid, and apply the same, less reasonable costs and expenses of operation and collection including attorney’s including, without limitation, attorneys' fees, upon any IndebtednessIndebtedness secured hereby, all in such order as the Beneficiary Grantee may determine. The entering upon and taking possession of the Mortgaged PropertyCollateral, the collection of such rents and issues Rents and the application ap- plication thereof as aforesaid, shall not cure or waive any Potential Event of Default, Event of Default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession of all or any portion of the Mortgaged Property Collateral or the collection, receipt and application of rents and issuesRents, the Trustee or the Beneficiary Grantee shall be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Loan Documents or by law upon occurrence of any Event of Default, including the right to exercise the power of sale;; or (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; and (cB) Exercise any or all of the other rights and remedies available to a secured party under the Uniform Commercial Code of North Carolina or under any other applicable laws. (d) Notwithstanding any provision to the contrary in this Deed of Trustprovided herein, no deficiency judgment may be rendered against the Grantor in any action to collect Loan Document or other document or agreement now or hereafter securing all or any portion of the Indebtedness secured hereby, or by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured under this Deed of Trustlaw.

Acceleration Upon Default, Additional Remedies. Time is of the essence hereof. In the event an Event of Default shall have occurred and is continuingany event of default hereunder, the Beneficiary may declare all Indebtedness indebtedness secured hereby to be due and payable by written notice to the Trustor as outlined in Section 11.2 of the Master Resolution and the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. ThereafterThereafter Beneficiary may exercise any or all of the following remedies, or any other remedies which Beneficiary is entitled to under any of the Beneficiary mayLoan Instruments or applicable law: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged Property, or any part thereof, in its own name or in the name of the TrusteeTrust Estate, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged PropertyTrust Estate, or a part thereof or interest therein, increase the income therefrom or protect the security hereof, hereof and, with or without taking possession of the Mortgaged PropertyTrust Estate, xxx sue for or otherwise collect the rents rents, issues and issues profits thereof, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s fees, upon any Indebtednessindebtedness secured hereby, all in such order as the Beneficiary may determine. The entering upon and taking possession of the Mortgaged PropertyTrust Estate, the collection of such rents rents, issues and issues profits and the application thereof as aforesaid, shall not cure or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession of the Mortgaged Property Trust Estate or the collection, receipt and application of rents and issuesrents, the issues or profits, Trustee or the and/or Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to the Indebtedness or by law upon occurrence event of any Event of Defaultdefault, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially or specifically enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; andand/or (c) Exercise any or all of Cause Trustor’s interest in the remedies available Trust Estate to a secured party be sold by the Trustee under the Uniform Commercial Code of North Carolina or under any other applicable laws. (d) Notwithstanding any provision to the contrary in this Deed of Trust, no deficiency judgment may be rendered against the Grantor in any action to collect any of the Indebtedness secured by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured under this Deed of Trustsale set forth herein.

Acceleration Upon Default, Additional Remedies. In the event Should an Event of Default shall have occurred and is continuingoccur, the Beneficiary may declare all Indebtedness indebtedness secured hereby to be immediately due and payable and the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the Thereafter Beneficiary may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court Court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged PropertyTrust Estate, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged PropertyTrust Estate, or any part thereof or interest therein, increase the income therefrom or protect the security hereof, and, hereof and with or without taking possession of the Mortgaged PropertyTrust Estate, xxx for or otherwise collect the rents rents, issues and issues profits thereof, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection collection, including attorney’s 's fees, upon any Indebtednessindebtedness secured hereby, all in such order as the Beneficiary may determine. The entering upon and taking possession of the Mortgaged PropertyTrust Estate, the collection of such rents rents, issues and issues profits and the application thereof as aforesaiddescribed above, shall not cure or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession of the Mortgaged Property Trust Estate or the collection, receipt and application of rents and issuesrents, the issues or profits, Trustee or the Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Loan Instruments or by law upon occurrence of any Event of Default, including the right to exercise the power Power of saleSale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, to seek deficiency on the indebtedness after the foreclosure without any limitation otherwise applicable under the Nebraska Trust Deeds Act, to appoint a receiver, specially and to otherwise specifically enforce any of the covenants or provisions hereof; (c) Deliver to Trustee a written declaration of default and demand for sale, or and a written notice of default and election to cause Trustor's interest in the Trust Estate to be sold under the Power of Sale contained herein, which notice Trustee shall cause to foreclose this Deed be duly filed for record in the appropriate Official Records of the County in which the Trust Estate is located, all to the extent required by power applicable law; (d) Pay such sums as it deems necessary to protect the Trust Estate and cure any default of salethe Trustor; and (ce) Exercise any or all of the rights and remedies available to a secured party it at law, in equity or under the Uniform Commercial Code of North Carolina or under any other applicable lawsNebraska Trust Deeds Act. (d) Notwithstanding any provision to the contrary in this Deed of Trust, no deficiency judgment may be rendered against the Grantor in any action to collect any of the Indebtedness secured by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured under this Deed of Trust.

Acceleration Upon Default, Additional Remedies. In Upon the event occurrence of an Event of Default shall have occurred and is continuingDefault, the Beneficiary may Lender may, at its option, declare all Indebtedness indebtedness secured hereby to be due and payable and the same shall thereupon become immediately due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the Beneficiary Thereafter Lender may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged PropertyTrust Estate, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged PropertyTrust Estate, or any part thereof or interest therein, increase the income therefrom or protect the security hereof, hereof and, with or without taking possession of the Mortgaged PropertyTrust Estate, xxx sxx for or otherwise collect the rents and issues thereofRents, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s collection, including, without limitation, attorneys' fees, upon any Indebtednessindebtedness secured hereby, all in such order as the Beneficiary Lender may determine. The entering upon and taking possession of the Mortgaged PropertyTrust Estate, the collection of such rents and issues Rents, and the application thereof as aforesaid, shall will not cure or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession of all or any portion of the Mortgaged Property Trust Estate or the collection, receipt and application of rents and issuesRents, the Trustee or the Beneficiary shall Lender will be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Loan Documents or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially or specifically enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; and; (c) Exercise any Deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause Borrower's interest in the Trust Estate to be sold, which notice Trustee or all Lender shall cause to be duly filed for record in the Official Records of the remedies available to a secured party under County in which the Uniform Commercial Code of North Carolina or under any other applicable laws.Trust Estate is located; or (d) Notwithstanding any provision to the contrary in this Deed of TrustExercise all other rights and remedies provided herein, no deficiency judgment may be rendered against the Grantor in any action to collect Loan Document or other document or agreement now or hereafter securing all or any portion of the Indebtedness obligations secured hereby, or by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured under this Deed of Trustlaw.

Acceleration Upon Default, Additional Remedies. In the event an Event of Default shall have occurred and is continuingdefault, the Beneficiary may declare all Indebtedness payment and performance of the Guarantied Obligations to be due and payable and the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kindimmediately due. Thereafter, the Beneficiary may: (a) A. Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged PropertyTrust Estate, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged PropertyTrust Estate, or part thereof or interest therein, increase the income therefrom or protect the security hereof, hereof and, with or without taking possession of the Mortgaged PropertyTrust Estate, xxx sue for or otherwise collect the rents rents, issues and issues profits thereof, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection collection, including attorney’s attorneys' fees, upon any Indebtednessindebtedness secured hereby, all in such order as the Beneficiary may determine. The entering upon and taking possession of the Mortgaged PropertyTrust Estate, the collection of such rents rents, issues and issues profits and the application thereof as aforesaid, shall not cure or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession of the Mortgaged Property Trust Estate or the collection, receipt and application of rents and issuesrents, the issues or profits, Trustee or the Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Transaction Agreements or by law upon occurrence of any Event event of Defaultdefault, including the right to exercise the power of sale; (b) B. Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially or specifically enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; and; (c) C. Exercise any or all of the remedies available to a secured party under the Uniform Commercial Code of North Carolina Washington, including, but not limited to: (1) Xxxxxx personally or by means of a court appointed receiver, take possession of all or any of the Personal Property and exclude therefrom Grantor and all others claiming under Grantor, and thereafter hold, store, use, operate, manage, maintain and control, make repairs, replacements, alterations, additions and improvements to and exercise all rights and powers of Grantor in respect to the Personal Property or any part thereof. In the event Beneficiary demands or attempts to take possession of the Personal Property in the exercise of any rights under any other applicable laws.of the Transaction Agreements, Xxxxxxx promises and agrees to promptly turn over and deliver complete possession thereof to Beneficiary; (d2) Notwithstanding Without notice to or demand upon Grantor, make such payments and do such acts as Beneficiary may deem necessary to protect its security interest in the Personal Property, including without limitation, paying, purchasing, contesting or compromising any provision encumbrance, charge or lien which is prior to or superior to the contrary security interest granted hereunder, and in exercising any such powers or authority to pay all expenses incurred in connection therewith; (3) Require Grantor to assemble the Personal Property or any portion thereof, at a place designated by Beneficiary and reasonably convenient to both parties, and promptly to deliver such Personal Property to Beneficiary, or an agent or representative designated by it. Beneficiary, and its agents and representatives shall have the right to enter upon any or all of Grantor's Trust Estate and property to exercise Beneficiary's rights hereunder; (4) Sell, lease or otherwise dispose of the Personal Property at public or private sale, with or without having the Personal Property at the place of sale, and upon such terms and in such manner as Beneficiary may determine. Beneficiary may be a purchaser at any such sale; (5) Unless the Personal Property is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, Beneficiary shall give Grantor at least ten (10) days' prior written notice of the time and place of any public or private sale of the Personal Property or other intended disposition thereof. Such notice may be mailed to Grantor at the address set forth in this Deed of Trust; and D. Execute or cause the Trustee to execute a written notice of such default and election to cause to be sold the Trust Estate to satisfy the obligations hereof, no deficiency judgment may in whole or in part, and shall cause such notice to be rendered against recorded in the Grantor in any action to collect any office of the Indebtedness secured by this Recorder of each recording district in which the Trust Estate or some part thereof is located. E. Exercise remedies for default under the Transaction Agreements, including, without limitation, taking title to the Property and Improvements through the reversionary interest retained in the Deed of Trust and delivered under the taxing power Development Agreement, completing construction of the Grantor is not Improvements, and may not be pledged operating the Parking Garage, either directly or indirectly through a court appointed receiver, or contingently to secure any monies due one or secured under this Deed of Trustmore agents.

Acceleration Upon Default, Additional Remedies. In Upon the event occurrence of an Event of Default shall have occurred Default, Beneficiary may, at its option, terminate its obligations under the Agency Loan Documents and is continuing, the Beneficiary may declare all Indebtedness Secured Obligations to be due and payable and the same shall thereupon become immediately due and payable without any presentment, demand, protest or further notice of any kind. Thereafter; and whether or not Beneficiary exercises said option, the Beneficiary may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged Property, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to complete the construction of the Improvements on the Land, to preserve the value, marketability or rentability of the Mortgaged Property, or part thereof or interest therein, increase the income therefrom or protect the security hereof, hereof and, with or without taking possession of the Mortgaged Property, xxx for or otherwise collect the rents and issues thereofRents, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s attorneys’ fees, upon any IndebtednessSecured Obligations, all in such order as the Beneficiary may determine. The entering upon and taking possession of the Mortgaged Property, the collection of such rents and issues Rents and the application thereof as aforesaid, shall not cure or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession by Trustee, Beneficiary or a receiver of all or any portion of the Mortgaged Property or the collection, receipt and application of rents and issuesany of the Rents, the Trustee or the Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Agency Loan Documents or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially or specifically enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; andcontained herein; (c) Deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause Trustor’s interest in the Property to be sold, which notice Trustee or Beneficiary shall cause to be duly filed for record in the official records of the County in which the Property is located; (d) Exercise any or and/or all of the rights and remedies available to a secured party under the California Uniform Commercial Code in such order and in such manner as Beneficiary, in its sole discretion, may determine (including, without limitation, requiring Trustor to assemble the collateral and make the collateral available to Beneficiary at a reasonably convenient location or locations); provided, however, that the expenses of North Carolina retaking, holding, preparing for sale or under any the like as provided thereunder shall include reasonable attorneys’ fees and other applicable laws. (d) Notwithstanding any provision to the contrary in this Deed expenses of Trust, no deficiency judgment may Beneficiary and Trustee and shall be rendered against the Grantor in any action to collect any of the Indebtedness additionally secured by this Deed of Trust Trust; and/or (e) Exercise all other rights and the taxing power remedies provided herein, in any Agency Loan Document or other document or agreement now or hereafter securing all or any portion of the Grantor is not and may not be pledged directly obligations secured hereby, or indirectly provided by law or contingently to secure any monies due or secured under this Deed of Trustin equity.

Acceleration Upon Default, Additional Remedies. In Upon the event occurrence, and during the continuance, of an Event of Default shall have occurred and is continuingDefault, the Beneficiary may Administrative Agent may, at its option, declare all Indebtedness to be due and payable and or any part of the same shall thereupon become Obligations immediately due and payable without any presentment, demand, protest or notice of any kind. ThereafterAdministrative Agent or Trustee (as applicable and at Administrative Agent’s direction) may, in addition to the Beneficiary mayexercise of any or all of the other remedies specified in Article VII: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged Property, or any part thereof, in its own name or in the name of the Trustee, and do any acts which that it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged Property, or any part thereof or interest therein, increase the income therefrom or protect the security hereof, hereof and, with or without taking possession of the Mortgaged Property, xxx sue for or otherwise collect the rents and issues Rents, or any part thereof, including including, without limitation, those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s (including, without limitation, attorneys’ fees, upon any Indebtedness) to the Obligations, all in such order as the Beneficiary Administrative Agent may determine. The entering upon and taking possession of the Mortgaged Property, the collection of such rents and issues Rents and the application thereof as aforesaid, shall will not cure or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession of all or any portion of the Mortgaged Property or the collection, receipt and application of rents and issuesRents, the Trustee or the Beneficiary shall Administrative Agent will be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Loan Documents or by law upon occurrence of any Event of Default, including including, without limitation, the right to exercise the power of salesale contained herein; (b) Commence an action to foreclose the lien of this Deed of Trust Security Instrument (i) non-judicially, or (ii) as a mortgagemortgage in accordance with Administrative Agent’s rights under Utah Code Annotated § 57-1-23, or other applicable law, appoint a receiverreceiver pursuant to the Utah Uniform Commercial Real Estate Receivership Act, specially Utah Code Annotated § 78B-21-101 et seq., as more particularly described in Section 7.1(g), or specifically enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; and; (c) Exercise any the power of sale herein contained and deliver to Trustee a written statement of default or all breach and cause Trustee to execute and record a notice of default and election to cause Trustor’s interest in the remedies available Property to a secured party under the Uniform Commercial be sold in accordance with Utah Annotated Code of North Carolina § 57-1-24 or under any other applicable laws.law; or (d) Notwithstanding any provision to the contrary in this Deed of TrustExercise all other rights and remedies provided herein, no deficiency judgment may be rendered against the Grantor in any action to collect Loan Document or other document or agreement now or hereafter securing or guarantying all or any portion of the Indebtedness secured Obligations, or by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured under this Deed of Trustlaw.

Acceleration Upon Default, Additional Remedies. In the event an Event of Default shall have occurred occurr ed and is continuing, the Beneficiary may declare all Indebtedness to be due and payable and the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the Beneficiary may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed appoin xxx by a court and without regard r egard to the adequacy adeq uacy of its securitysecur ity, enter upon and take possession of the Mortgaged PropertyPremises, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve preser ve the value, marketability or rentability of the Mortgaged PropertyPremises, or part thereof or interest therein, increase the income therefrom or protect the security hereof, and, with or without taking possession of the Mortgaged PropertyPremises, xxx for or otherwise other wise collect the r ents and issues th ereof, including tho se rents and issues thereof, including those rents and issues i ssues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s fees, upon any IndebtednessIndebtednes s, all in such order or der as the Beneficiary Beneficiar y may determine. The entering upon and taking possession of the Mortgaged PropertyPremises, the collection of such rents and issues and the application thereof as aforesaid, shall not cure or waive any Event of Default or notice of Event of Default hereunder her eunder or invalidate any act done in response to such Default or pursuant to such notice of Default and notwithstanding the continuance in possession of the Mortgaged Property Premises or the collection, receipt and application of rents and issues, the Trustee or the Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to the Indebtedness or by law upon occurrence of any Event of Default, including the right to exercise the power of salexxx e; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially enforce enfor ce any of the covenants hereofher eof, or cause the Trustee to foreclose for eclose this Deed of Trust by power of sale; and (c) Exercise any or all of the remedies available to a secured party under the Uniform Commercial Code of North Carolina or under any other applicable laws. (d) Notwithstanding any provision to the contrary in this Deed of Trust, no deficiency judgment may be rendered against the Grantor in any action to collect any of the Indebtedness secured by this Deed of Trust T rust and the taxing power of the Grantor is not and may not be pledged pled ged directly or indirectly or contingently to secure any monies due or secured under this Deed of Trust. (e) On the occurr ence of an Event of Default, the YMCA shall have the right, for the benefit of the Town, to do and perform all acts and things contemplated in the Contract to be done or perfor med by Town, as may be accomplished by the YMCA in accordance with Section 11.4 of the Contract and Section 7.8 of the Lease Agreement.

Acceleration Upon Default, Additional Remedies. In the event an Event of Default that one or more defaults as above provided shall have occurred and is continuingoccur, the Beneficiary may declare all Indebtedness remedies available to Mortgagee shall include, but not necessarily be due and payable and limited to, any one or more of the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the Beneficiary mayfollowing: (a) Either in Mortgagee shall declare the entire unpaid balance of the Note immediately due and payable without demand or notice. (b) Mortgagee may take immediate possession of the Mortgaged Property or any part thereof (which Mortgagor agrees to surrender to Mortgagee) and manage, control or lease the same to such person or by agentpersons and at such rental as it may deem proper and collect all rents, issues and profits, therefrom, including those past due as well as those thereafter accruing, with the right in the Mortgagee to cancel any lease or without bringing sublease for any action cause which would entitle Mortgagor to cancel the same; to make such expenditures for maintenance, repairs and costs of operation as it may deem advisable; and after deducting the cost thereof and a commission of five (5%) percent upon the gross amount of rents collected, to apply the residue to the payment of any sums which are unpaid hereunder or proceeding, under the Note. The taking of possession under this paragraph shall not prevent concurrent or by later proceedings for the foreclosure sale of the Mortgaged Property as provided elsewhere herein. (c) Mortgagee may apply to any court of competent jurisdiction for the appointment of a receiver appointed by a court or similar official to manage and without regard to the adequacy of its security, enter upon and take possession of operate the Mortgaged Property, or any part thereof, in its own name or in and to apply the name net rents and profits therefrom to the payment of the Trusteeinterest and/or principal of said Note and/or any other obligations of Mortgagor to Mortgagee hereunder. In event of such application, Mortgagor agrees to consent to the appointment of such receiver or similar official, and do agrees that such receiver or similar official may be appointed without notice to Mortgagor, with regard to the adequacy of any acts security for the debts and with regard to the solvency of Mortgagor or any other person, firm or corporation who or which it deems necessary or desirable to preserve may be liable for the value, marketability or rentability payment of the Mortgaged Property, Note or part thereof or interest therein, increase the income therefrom or protect the security hereof, and, with or without taking possession of the Mortgaged Property, xxx for or otherwise collect the rents and issues thereof, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s fees, upon any Indebtedness, all in such order as the Beneficiary may determine. The entering upon and taking possession of the Mortgaged Property, the collection of such rents and issues and the application thereof as aforesaid, shall not cure or waive any Event of Default or notice of Event of Default hereunder or invalidate any act done in response to such Default or pursuant to such notice of Default and notwithstanding the continuance in possession of the Mortgaged Property or the collection, receipt and application of rents and issues, the Trustee or the Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to the Indebtedness or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; and (c) Exercise any or all of the remedies available to a secured party under the Uniform Commercial Code of North Carolina or under any other applicable lawsobligation of Mortgagor hereunder. (d) Notwithstanding any provision to the contrary in this Deed of Trust, no deficiency judgment may be rendered against the Grantor in any action to collect any of the Indebtedness secured by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured under this Deed of Trust.

Acceleration Upon Default, Additional Remedies. Time is of the essence hereof. In the event an Event of Default shall have occurred and is continuingany event of default hereunder, the Beneficiary may declare all Indebtedness indebtedness secured hereby to be due and payable by written notice to the Trustor as outlined in Section 9.2 of the General Indenture and the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. ThereafterThereafter Beneficiary may exercise any or all of the following remedies, or any other remedies which Beneficiary is entitled to under any of the Beneficiary mayLoan Instruments or applicable law: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged PropertyTrust Estate, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged PropertyTrust Estate, or a part thereof or interest therein, increase the income therefrom or protect the security hereof, hereof and, with or without taking possession of the Mortgaged PropertyTrust Estate, xxx sue for or otherwise collect the rents rents, issues and issues profits thereof, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s fees, upon any Indebtednessindebtedness secured hereby, all in such order as the Beneficiary may determine, subject to the rights of the Bondholders under the Indenture. The entering upon and taking possession of the Mortgaged PropertyTrust Estate, the collection of such rents rents, issues and issues profits and the application thereof as aforesaid, shall not cure or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession of the Mortgaged Property Trust Estate or the collection, receipt and application of rents and issuesrents, the issues or profits, Trustee or the and/or Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Loan Instruments or by law upon occurrence of any Event event of Defaultdefault, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially or specifically enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; andand/or (c) Exercise any or all of Cause Trustor’ s interest in the remedies available Trust Estate to a secured party be sold by the Trustee under the Uniform Commercial Code of North Carolina or under any other applicable laws. (d) Notwithstanding any provision to the contrary in this Deed of Trust, no deficiency judgment may be rendered against the Grantor in any action to collect any of the Indebtedness secured by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured under this Deed of Trustsale set forth herein.

Acceleration Upon Default, Additional Remedies. In Upon the event occurrence and during the continuance of an Event of Default shall have occurred and is continuingafter giving effect to applicable cure and grace periods, the Beneficiary may may, at its option, declare all Indebtedness to be or any part of the Obligations immediately due and payable pursuant to and in accordance with Section 12.1 of the same shall thereupon become due and payable without any presentmentNote Purchase Agreement. Beneficiary may, demand, protest or notice in addition to the exercise of any kind. Thereafter, or all of the Beneficiary may:remedies specified in Section 3.4; (a) Either Pursuant to an order by a court and subject to applicable law, either in person or person, by agent, with or without bringing any action or proceeding, agent or by a receiver appointed by a court court, and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged PropertyTrust Estate, or any part thereof, in its own name or in the name of the Trustee, and do any acts which that it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged PropertyTrust Estate, or any part thereof or interest therein, increase the income therefrom or protect the security hereof; provided that Beneficiary may also, andin addition to any or all of the remedies specified in Section 3.4, with or without taking possession of the Mortgaged PropertyTrust Estate, xxx for or otherwise collect the rents and issues Rent Collateral, or any part thereof, including those including, without limitation, rents and issues or payments past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s (including, without limitation, attorneys’ fees, ) upon any Indebtednessthe Obligations, all in such order as the Beneficiary may determine. The entering upon and taking possession of the Mortgaged PropertyTrust Estate, the collection of such rents and issues Rent Collateral and the application thereof as aforesaid, shall not cure or (except and to the extent such Rent Collateral is applied in full payment of the Obligations then due)or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession of all or any portion of the Mortgaged Property Trust Estate or the collection, receipt and application of rents and issuesRent Collateral, the Trustee or the Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Financing Documents or by law upon occurrence and during the continuance of any Event of Default, including including, without limitation, the right to exercise the power of sale; (b) Commence an action to judicially foreclose the lien of this Deed of Trust as a mortgageTrust, appoint a receiver, specially or specifically enforce any of the covenants hereof, hereof (the Real Property may be judicially foreclosed in parts or cause the Trustee as an entirety); Exhibit D (to foreclose this Deed of Trust by power of sale; andNote Purchase Agreement) (c) Exercise any Subject to applicable law, exercise the power of sale herein contained and deliver to Trustee a written statement of breach, notice of default and election to cause Trustor’s interest in the Trust Estate to be sold (the Real Property may be non-judicially foreclosed in part or all of the remedies available to a secured party under the Uniform Commercial Code of North Carolina or under any other applicable laws.as an entirety); or (d) Notwithstanding any provision to the contrary in this Deed of TrustExercise all other rights and remedies provided herein, no deficiency judgment may be rendered against the Grantor in any action to collect Financing Document (as defined in the Note Purchase Agreement) or other document or agreement now or hereafter securing or guaranteeing all or any portion of the Indebtedness secured Obligations, or by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies due or secured under this Deed of Trustapplicable law.

Acceleration Upon Default, Additional Remedies. In the event an Event of Default that one or more defaults as above provided shall have occurred and is continuingoccur, the Beneficiary may declare all Indebtedness remedies available to the Mortgagee shall include, but not necessarily be due and payable and limited to, any one or more of the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the Beneficiary mayfollowing: (a) Either in The Mortgagee may declare the entire unpaid balance of the Note and all accrued interest thereon immediately due and payable without further notice. (b) The Mortgagee may take immediate possession of the Mortgaged Property or any part thereof (which the Mortgagor agrees to surrender to the Mortgagee) and manage, control or lease the same to such person or by agentpersons and at such rental as it may deem proper and collect all the rents, issues and profits therefrom, including those past due as well as those thereafter accruing, with the right in the Mortgagee to cancel any lease or without bringing sublease for any action cause which would entitle the Mortgagor to cancel the same; to make such expenditures for maintenance, repairs and costs of operation as it may deem advisable; and after deducting the cost thereof and a commission of five percent (5%) upon the gross amounts of rents collected, to apply the residue to the payment of any sums which are unpaid hereunder or proceedingunder the Note. The taking of possession under this paragraph shall not prevent concurrent or later proceedings for the foreclosure sale of the Premises as provided elsewhere herein. (c) The Mortgagee may apply, or by on EX PARTE motion, to any court of competent jurisdiction for the appointment of a receiver appointed by a court to take charge of, manage, preserve, protect, complete construction of and without regard operate the Premises and any business or businesses located thereon, to collect rents, issues and profits and income therefrom; to make all necessary and needed repairs to the adequacy Premises; to pay all taxes and assessments against the Premises and insurance premiums for insurance thereon; and after the payment of its securitythe expenses of the receivership, including reasonable attorneys' fees to the Mortgagee's attorney, and after compensation to the receiver for management and completion of the Premises, to apply the net proceeds derived therefrom in reduction of the indebtedness secured hereby or in such manner as such court shall direct. The appointment of such receiver shall be of strict right to the Mortgagee, regardless of the value of the security for the indebtedness secured hereby or of the solvency of any party primarily or secondarily bound for the payment of such indebtedness. All expenses, fees and compensation incurred pursuant to a receivership approved by such court, shall be secured by the lien of this Mortgage until paid. The receiver and the receiver's agents shall be entitled to enter upon and take possession of any and all of the Mortgaged PropertyPremises, together with any and all businesses conducted thereon and all business assets used in conjunction therewith or thereon, or any part or parts thereof, and operate and conduct such business or businesses to the same extent and in its own name the same manner as the Mortgagor might lawfully do. The receiver, personally or through his agents, may exclude the Mortgagor wholly from the Premises, and have, hold, use, operate, manage and control the same and each and every part thereof; and may in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability Mortgagor exercise all of the Mortgaged PropertyMortgagor's rights and powers and maintain, restore, insure and keep insured, the Premises as the receiver may deem judicious. Such receivership shall, at the option of the Mortgagee, continue until full payment of all sums secured hereby, or part thereof or interest therein, increase the income therefrom or protect the security hereof, and, with or without taking possession of the Mortgaged Property, xxx for or otherwise collect the rents and issues thereof, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s fees, upon any Indebtedness, all in such order as the Beneficiary may determine. The entering upon and taking possession of the Mortgaged Property, the collection of such rents and issues and the application thereof as aforesaid, shall not cure or waive any Event of Default or notice of Event of Default hereunder or invalidate any act done in response to such Default or pursuant to such notice of Default and notwithstanding the continuance in possession of the Mortgaged Property or the collection, receipt and application of rents and issues, the Trustee or the Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating until title to the Indebtedness or Premises shall have passed by law upon occurrence of any Event of Default, including foreclosure sale under this Mortgage. (d) The Mortgagee shall have the right to exercise the power foreclose this Mortgage and in case of sale; (b) Commence an sale in action or proceeding to foreclose this Deed of Trust Mortgage, the Mortgagee shall have the right to sell the Premises covered hereby in parts or as a mortgagean entirety. In addition, appoint a receiverthe Mortgagee shall have the right to repossess, specially enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; and (c) Exercise take possession and sell any or all of the remedies available Personal Property subject to a secured party under this Mortgage and security agreement and to apply the Uniform Commercial Code of North Carolina or under any other applicable laws. (d) Notwithstanding any provision proceeds in accordance with this Agreement. It is intended hereby to give to the contrary in this Deed Mortgagee the widest possible discretion permitted by law with respect to all aspects of Trust, no deficiency judgment may be rendered against the Grantor in any action to collect any of the Indebtedness secured by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly such sale or indirectly or contingently to secure any monies due or secured under this Deed of Trustsales.

Acceleration Upon Default, Additional Remedies. In the event an Event that one or more of the Events of Default as above provided shall have occurred occur and is be continuing, the Beneficiary may declare all Indebtedness remedies available to Mortgagee shall include, but not necessarily be due and payable and limited to, any one or more of the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the Beneficiary mayfollowing: (a) Either Mortgagee may declare the entire unpaid balance of the indebtedness secured hereby due and payable in person or by agent, full in accordance with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and Note. (b) Mortgagee may take immediate possession of the Mortgaged Property, Property or any part thereofthereof (which Mortgagor agrees to surrender to Mortgagee) and manage, in its own name control or in lease the name of the Trustee, same to such person or persons and do any acts which at such rental as it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged Property, or part thereof or interest therein, increase the income therefrom or protect the security hereof, andmay deem proper; and collect, with or without taking possession of the Mortgaged Property, xxx for or otherwise collect all the rents Rents and issues thereofProfits therefrom, including those rents and issues past due as well as those thereafter accruing, with the right in Mortgagee to cancel any lease, sublease or tenancy for any cause which would entitle Mortgagor to cancel the same; to make such expenditures for maintenance, repairs and unpaidcosts of operation as it may deem advisable; and after deducting the cost thereof including the fee of a third-party property manager if one is engaged by Mortgagee, and to apply the same, less costs and expenses residue to the payment of operation and collection including attorney’s fees, upon any Indebtedness, all in such order as sums which are unpaid on the Beneficiary may determineindebtedness secured hereby. The entering upon taking of possession and/or the collection of rents under this paragraph shall not prevent concurrent or later proceedings for the foreclosure of the Mortgaged Property as provided elsewhere herein. (c) Mortgagee may apply to any court of competent jurisdiction for the appointment of a receiver or similar official to manage and taking possession of operate the Mortgaged Property, or any part thereof, and to apply the collection not Rents and Profits therefrom to the payment of the interest and principal of the Indebtedness due under the Note and any other obligations of Mortgagor to Mortgagee hereunder. In the event of such rents application, Mortgagor consents to the appointment of such receiver or similar official and issues agrees that such receiver or similar official may be appointed without notice to Mortgagor, without regard to the adequacy of any security for the debt and without regard to the application thereof as aforesaidsolvency of Mortgagor or any other person, shall not cure firm or waive any Event of Default corporation who or notice of Event of Default hereunder or invalidate any act done in response to such Default or pursuant to such notice of Default and notwithstanding which may be liable for the continuance in possession payment of the Mortgaged Property or the collection, receipt and application of rents and issues, the Trustee or the Beneficiary shall be entitled to exercise every right provided for in any instrument securing or relating to the Indebtedness or by law upon occurrence of any Event of Default, including the right to exercise the power of sale;indebtedness secured hereby. (bd) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; and (c) Exercise Mortgagee may exercise any or all of the remedies available to a secured party under the Connecticut Uniform Commercial Code Code, including, but not limited to: (1) Either personally or by means of North Carolina a court appointed receiver, to take possession of all or any of the Collateral and exclude therefrom Mortgagor and all others claiming under Mortgagor, and thereafter to hold, store, use, operate, manage, maintain and control, make repairs, replacements, alterations, additions and improvements to and exercise all rights and powers of Mortgagor in respect to the Collateral or any part thereof In the event Mortgagee demands or attempts to take possession of the Collateral in the exercise of any rights under any of the instruments which secure the Note, Mortgagor promises and agrees to promptly turn over and deliver complete possession thereof to Mortgagee; (2) Without notice to or demand upon Mortgagor, to make such payments and do such acts as Mortgagee may deem necessary to protect its security interest in the Collateral, including without limitation, paying, purchasing, contesting or compromising any encumbrance, charge or lien which is prior to or superior to the security interest granted hereunder, and in exercising any such powers or authority to pay all expenses incurred in connection therewith; (3) To require Mortgagor to assemble the Collateral or any portion thereof at a place designated by Mortgagee and reasonably convenient to both parties, and promptly to deliver such Collateral to Mortgagee, or an agent or representative designated by it. Mortgagee, and its agents and representatives, shall have the right to enter upon any or all of Mortgagor's premises and property to exercise Mortgagee's rights hereunder; (4) To sell, lease or otherwise dispose of the Collateral at public sale, with or without having the Collateral at the place of sale, and upon such terms and in such manner as Mortgagee may determine. Mortgagee may be a Purchaser at any such sale, and unless the Collateral are perishable or threaten to decline speedily in value or are of a type customarily sold on a recognized market, Mortgagee shall give Mortgagor at least ten (10) days' prior written notice of the time and place of any public sale of the Collateral or other applicable lawsintended disposition thereof. Such notice may be mailed to Mortgagor at the address hereinafter set forth for notices. (d5) Notwithstanding any provision Mortgagee shall have the right to foreclose the contrary Mortgage and in this Deed of Trustan action or proceeding to foreclosure the Mortgage, no deficiency judgment the Mortgaged Property may be rendered against the Grantor foreclosed in any action to collect any of the Indebtedness secured by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly parts or indirectly or contingently to secure any monies due or secured under this Deed of Trustas an entirety.

Acceleration Upon Default, Additional Remedies. In the event Should an Event of Default shall have occurred and is continuing, the Beneficiary occur Grantee may declare all Indebtedness indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the Beneficiary Thereafter Grantee may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged PropertyTrust Estate, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged PropertyTrust Estate, or part thereof or interest therein, increase the income therefrom or protect the security hereof, hereof and, with or without taking possession of the Mortgaged PropertyTrust Estate, xxx sue for or otherwise collect the rents rents, issues and issues profits thereof, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s 's fees, upon any Indebtednessindebtedness secured hereby, all in such order as the Beneficiary Grantee may determine. The entering upon and taking possession of the Mortgaged PropertyTrust Estate, the collection of such rents rents, issues and issues profits and the application thereof as aforesaid, shall not cure or waive any Event of Default default or notice of Event of Default default hereunder or invalidate any act done in response to such Default default or pursuant to such notice of Default and default and, notwithstanding the continuance in possession of the Mortgaged Property Trust Estate or the collection, receipt and application of rents and issuesrents, the issues or profits, Trustee or the Beneficiary Grantee shall be entitled to exercise every right provided for in any instrument securing or relating to of the Indebtedness Security Instruments or by law upon occurrence of any Event event of Defaultdefault, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially or specifically enforce any of the covenants hereof, or cause of the Trustee to foreclose this Deed of Trust by power of sale; andSecurity Instruments; (c) Exercise any or all the power of the remedies available to a secured party under the Uniform Commercial Code of North Carolina or under any other applicable laws.sale in accordance with Missouri law, including those powers set forth in RSMO §443.327; or (d) Notwithstanding Exercise any provision to the contrary in this Deed of Trust, no deficiency judgment may be rendered against the Grantor in any action to collect any of the Indebtedness secured by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly other rights or indirectly or contingently to secure any monies due or secured remedies available under this Deed of Trustapplicable law.

Acceleration Upon Default, Additional Remedies. In the event an Event of Default shall have occurred and is continuing, Beneficiary shall, at the Beneficiary may written direction of a majority in aggregate principal amount of the Owners of the Outstanding Bonds, declare all Indebtedness to be due and payable and the same shall thereupon become due and payable in accordance with the Contract and this Deed of Trust without any presentment, demand, protest or notice of any kind. Thereafter, the Beneficiary may, to the extent permitted by applicable law and subject to Article XIV of the Contract: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged Property, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged Property, or part thereof or interest therein, increase the income therefrom or protect the security hereof, and, with or without taking possession of the Mortgaged Property, xxx sue for or otherwise collect the rents and issues thereof, including those rents and issues past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney’s fees, upon any Indebtedness, all in such order as the Beneficiary may determine. The entering upon and taking possession of the Mortgaged Property, the collection of such rents and issues and the application thereof as aforesaid, aforesaid shall not cure or waive any Event of Default or notice of Event of Default hereunder or invalidate any act done in response to such Default or pursuant to such notice of Default and Default, and, notwithstanding the continuance in possession of the Mortgaged Property or the collection, receipt and application of rents and issues, the Trustee or Beneficiary, to the Beneficiary extent permitted by applicable law and subject to Article XIV of the Contract, shall be entitled to exercise every right provided for in any instrument securing or relating to the Indebtedness or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, specially enforce any of the covenants hereof, or cause the Trustee to foreclose this Deed of Trust by power of sale; and (c) Exercise To the extent permitted by applicable law and subject to Article XIV of the Contract, exercise any or all of the remedies available to a secured party under the Uniform Commercial Code of North Carolina or under any other applicable laws. (d) . Notwithstanding any provisions herein, it is the intent of the parties to comply with the provisions of North Carolina General Statutes Section 160A-20. No deficiency judgment may be rendered against the Grantor in favor of the Beneficiary in violation of Section 160A-20, including, without limitation, any deficiency judgment for amounts that may be owed under the Contract or this Deed of Trust when the sale of all or any portion of the Mortgaged Property is insufficient to produce enough money to pay in full all remaining obligations under the Contract or this Deed of Trust. To the extent of any conflict between this paragraph and any other provision of this Deed of Trust, this paragraph shall take priority and shall incorporate herein by reference Article XIV of the Contract. Notwithstanding any provision to the contrary in this Deed of Trust, no deficiency judgment may be rendered against the Grantor in any action to collect any of the Indebtedness secured by this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or indirectly or contingently to secure any monies money due or secured under this Deed of Trust.