Common use of Beneficiary’s Powers Clause in Contracts

Beneficiary’s Powers. Without affecting the liability of any other person liable for the payment of any Obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Security not then or theretofore released as security for the full amount of all unpaid Obligations, Beneficiary may, from time to time and without notice: (a) release any person so liable, (b) extend the maturity or alter any of the terms of any such Obligation (to the extent that Beneficiary is so allowed under the Loan Agreement), (c) grant other indulgences, (d) release or reconvey, or cause to be released or reconveyed at any time at Beneficiary's option any parcel, portion or all of the Security, (e) take or release any other or additional security for any Obligation herein mentioned, or (f) make compositions or other arrangements with debtors in relation thereto. By accepting payment or performance of any Obligation secured by this Deed of Trust after the payment or performance thereof is due or after the filing of notice of default and election to sell (other than satisfaction in full of the Obligations), Beneficiary shall not have thereby waived its right to require prompt payment or performance, when due, of all other Obligations secured hereby, or to declare a default for failure so to pay or perform, or to proceed with the sale under any notice of default and election to sell theretofore given by Beneficiary, or with respect to any unpaid balance of the indebtedness secured hereby. The acceptance by Beneficiary of any sum in an amount less than the sum then due shall not constitute a waiver of the obligation of Trustor to pay the entire sum then due. Trustor’s failure to pay the entire sum then due shall continue to be a default, notwithstanding the acceptance of partial payment, and, until the entire sum then due shall have been paid, Beneficiary or Trustee shall at all times be entitled to declare a default and to exercise all the remedies herein conferred, and the right to proceed with a sale under any notice of default and election to sell shall in no way be impaired, whether or not such amounts are received prior or subsequent to such notice. No delay or omission of Trustee or Beneficiary in the exercise of any other right or power hereunder shall impair such right or power or any other right or power nor shall the same be construed to be a waiver of any default or any acquiescence therein.

Beneficiary’s Powers. Without affecting the liability of any other person liable for the payment of any Obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Security not then or theretofore released as security for the full amount of all unpaid Obligations, Beneficiary may, from time to time and without notice: (a) release any person so liable, (b) extend the maturity or alter any of the terms of any such Obligation (to the extent that Beneficiary is so allowed under the Loan Agreement), (c) grant other indulgences, (d) release or reconvey, or cause to be released or reconveyed at any time at Beneficiary's option any parcel, portion or all of the Security, (e) take or release any other or additional security for any Obligation herein mentioned, or (f) make compositions or other arrangements with debtors in relation thereto. By accepting payment or performance of any Obligation secured by this Deed of Trust after the payment or performance thereof is due or after the filing of notice of default and election to sell (other than satisfaction in full of the Obligations), Beneficiary shall not have thereby waived its right to require prompt payment or performance, when due, of all other ATTACHMENT N 2 Obligations secured hereby, or to declare a default for failure so to pay or perform, or to proceed with the sale under any notice of default and election to sell theretofore given by Beneficiary, or with respect to any unpaid balance of the indebtedness secured hereby. The acceptance by Beneficiary of any sum in an amount less than the sum then due shall not constitute a waiver of the obligation of Trustor to pay the entire sum then due. Trustor’s failure to pay the entire sum then due shall continue to be a default, notwithstanding the acceptance of partial payment, and, until the entire sum then due shall have been paid, Beneficiary or Trustee shall at all times be entitled to declare a default and to exercise all the remedies herein conferred, and the right to proceed with a sale under any notice of default and election to sell shall in no way be impaired, whether or not such amounts are received prior or subsequent to such notice. No delay or omission of Trustee or Beneficiary in the exercise of any other right or power hereunder shall impair such right or power or any other right or power nor shall the same be construed to be a waiver of any default or any acquiescence therein.

Beneficiary’s Powers. Without affecting the liability of any other person liable for the payment of any Obligation herein mentionedthe Secured Obligations, and without affecting the lien or charge of this Deed of Trust upon any portion of the Security Property not then or theretofore released as security for the full amount of all unpaid the Secured Obligations, Beneficiary may, from time to time and without notice: (a) release any person so liable, ; (b) extend the maturity or alter any of the terms of any such Obligation (to the extent that Beneficiary is so allowed under the Loan Agreement), obligation; (c) grant other indulgences, ; (d) release or reconvey, or cause to be released or reconveyed at any time time, at Beneficiary's option option, any parcel, portion or all of the Security, Property; (e) take or release any other or additional security for any Obligation obligation herein mentioned, ; or (f) make compositions or other arrangements with debtors in relation thereto. By accepting payment or performance of any Obligation obligation secured by this Deed of Trust after the payment or performance thereof is due or after the filing recording of a notice of default and election to sell (other than satisfaction in full of the Obligations)sale, Beneficiary shall not have thereby waived its right to require prompt payment or performance, when due, of all other Obligations secured herebySecured Obligations, or to declare a default the occurrence of an Event of Default for failure so to pay or perform, or to proceed with the sale under any notice of default the occurrence of an Event of Default, statement of breach or non-performance and election to sell notice of sale theretofore given by BeneficiaryBeneficiary or Trustee, or with respect to any unpaid balance of the indebtedness secured herebyother Secured Obligations. The acceptance by Beneficiary of any sum in an amount less than the sum then due shall not constitute a waiver of the obligation of Trustor to pay the entire sum then due. Trustor’s 's failure to pay the entire sum then due shall continue to be a defaultan Event of Default, notwithstanding the acceptance of partial payment, and, until the entire sum then due shall have been paid, Beneficiary or Trustee shall at all times be entitled to declare a default the occurrence of an Event of Default and to exercise all the remedies herein conferred, and the right to proceed with a sale under any notice of default and election to sell the occurrence of an Event of Default, statement of breach or non-performance or notice of sale shall in no way be impaired, whether or not such amounts are received prior or subsequent to such noticenotice or statement. No delay or omission of Trustee or Beneficiary in the exercise of any other right or power hereunder shall impair such right or power or any other right or power nor shall the same be construed to be a waiver of any default Event of Default or any acquiescence therein.

Beneficiary’s Powers. Without affecting the liability of any other person liable for the payment of any Obligation obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Security Collateral not then or theretofore released as security for the full amount of all unpaid Obligationsobligations, Beneficiary may, from time to time and without notice: notice (ai) release any person so liable, (bii) extend the maturity or alter any of the terms of any such Obligation obligation (provided, however, that the consent of Trustor shall be required with respect to the extent that Beneficiary is so allowed under the Loan Agreementextension or alteration of any unpaid obligation of Trustor to Beneficiary), (ciii) grant other indulgences, (div) release or reconvey, or cause to be released or reconveyed at any time at Beneficiary's ’s option any parcel, portion or all of the SecurityCollateral, (ev) take or release any other or additional security for any Obligation obligation herein mentioned, or (fvi) make compositions or other arrangements with debtors in relation thereto. By accepting payment or performance of any Obligation obligation secured by this Deed of Trust after the payment or performance thereof is due or after the filing of a notice of default and election to sell (other than satisfaction in full of the Obligations)sell, Beneficiary shall not have thereby waived its right to require prompt payment or performance, when due, of all other Obligations obligations secured hereby, or to declare a default for failure so to pay or perform, or to proceed with the sale under any notice of default and election to sell theretofore given by Beneficiary, or with respect to any unpaid balance of the indebtedness secured hereby. The acceptance by Beneficiary of any sum in an amount less than the sum then due shall not constitute a waiver of the obligation of Trustor to pay the entire sum then due. Trustor’s failure to pay the entire sum then due shall continue to be a default, notwithstanding the acceptance of partial payment, and, until the entire sum then due shall have been paid, Beneficiary or Trustee shall at all times be entitled to declare a default and to exercise all the remedies herein conferred, and the right to proceed with a sale under any notice of default and election to sell shall in no way be impaired, whether or not such amounts are received prior or subsequent to such notice. No delay or omission of Trustee or Beneficiary in the exercise of any other right or power hereunder shall impair such right or power or any other right or power nor shall the same be construed to be a waiver of any default or any acquiescence therein.

Beneficiary’s Powers. Without affecting the liability of any other person liable for the payment of any Obligation obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Security Trust Estate not then or theretofore released as security for the full amount of all unpaid Obligationsobligations, Beneficiary may, from time to time and without notice: notice (ai) release any person so liable, (bii) extend the maturity or alter any of the terms of any such Obligation (to the extent that Beneficiary is so allowed under the Loan Agreement)obligation, (ciii) grant other indulgences, (div) release or reconvey, reconvey or cause to be released or reconveyed at any time at Beneficiary's option any parcel, portion or all of the SecurityTrust Estate, (ev) take or release any other or additional security for any Obligation obligation herein mentioned, or (fvi) make compositions or other arrangements with debtors in relation thereto. By accepting payment or performance of any Obligation obligation secured by this Deed of Trust after the payment or performance thereof is due or after the filing of a notice of default and election to sell (other than satisfaction in full of the Obligations)sell, Beneficiary shall not have thereby waived its right to require prompt payment or performance, when due, of all other Obligations obligations secured hereby, or to declare a default for failure so to pay or perform, or to proceed with the sale under any notice of default and election to sell theretofore given by Beneficiary, or with respect to any unpaid balance of the indebtedness secured hereby. The acceptance by Beneficiary of any sum in an amount less than the sum then due shall not constitute a waiver of the obligation of Trustor to pay the entire sum then due. Trustor’s 's failure to pay the entire sum then due shall continue to be a default, notwithstanding the acceptance of partial payment, and, until the entire sum then due shall have been paid, Beneficiary or Trustee shall at all times be entitled to declare a default and to exercise all the remedies herein conferred, and the right to proceed with a sale under any notice of default and election to sell shall in no way be impaired, whether or not such amounts are received prior or subsequent to such notice. No delay or omission of Trustee or Beneficiary in the exercise of any other right or power hereunder shall impair such right or power or any other right or power nor shall the same be construed to be a waiver of any default or any acquiescence therein.