Common use of Foreclosure Clause in Contracts

Foreclosure. Beneficiary may institute any one or more actions of foreclosure against all or any part of the Property, or take such other action at law, equity or by contract for the enforcement of this Deed of Trust and realization on the security herein or elsewhere provided for, as the law may allow, and may proceed therein to final judgment and execution for the entire unpaid balance of the Liabilities. The unpaid balance of any judgment shall bear interest at the greater of (a) the statutory rate provided for judgments, or (b) the rate borne by the Securities. Without limiting the foregoing, Beneficiary may cause the foreclosure of this Deed of Trust and exercise its rights as a secured party for all or any portion of the Liabilities which are then due and payable, subject to the continuing lien of this Deed of Trust for the balance not then due and payable. In case of any sale of the Property by judicial proceedings, the Property may be sold in one parcel or in such parcels, manner or order as Beneficiary in its sole discretion may elect. Grantor, for itself and anyone claiming by, through or under it, hereby agrees that Beneficiary shall in no manner, in law or in equity, be limited, except as herein provided, in the exercise of its rights in the Property or in any other security hereunder or otherwise appertaining to the Liabilities or any other obligation secured by this Deed of Trust, whether by any statute, rule or precedent which may otherwise require said security to be marshalled in any manner and Grantor, for itself and others as aforesaid, hereby expressly waives and releases any right to or benefit thereof. The failure to make any tenant a defendant to a foreclosure proceeding shall not be asserted by Grantor as a defense in any proceeding instituted by Beneficiary to collect the Liabilities or any deficiency remaining unpaid after the foreclosure sale of the Property.

Foreclosure. Beneficiary may institute any one or more actions of foreclosure against all or any part of the Property, or take such other action at law, equity or by contract for the enforcement of this Deed of Trust and realization on the security herein or elsewhere provided for, as the law may allow, and may proceed therein to final judgment and execution for the entire unpaid balance of the Liabilities. The unpaid balance of any judgment shall bear interest at the greater of (a) the statutory rate provided for judgments, or (b) the rate borne by the SecuritiesTranche A Loans. Without limiting the foregoing, Beneficiary may cause the foreclosure of this Deed of Trust and exercise its rights as a secured party for all or any portion of the Liabilities which are then due and payable, subject to the continuing lien of this Deed of Trust for the balance not then due and payable. In case of any sale of the Property by judicial proceedings, the Property may be sold in one parcel or in such parcels, manner or order as Beneficiary in its sole discretion may elect. Grantor, for itself and anyone claiming by, through or under it, hereby agrees that Beneficiary shall in no manner, in law or in equity, be limited, except as herein provided, in the exercise of its rights in the Property or in any other security hereunder or otherwise appertaining to the Liabilities or any other obligation secured by this Deed of Trust, whether by any statute, rule or precedent which may otherwise require said security to be marshalled in any manner and Grantor, for itself and others as aforesaid, hereby expressly waives and releases any right to or benefit thereof. The failure to make any tenant a defendant to a foreclosure proceeding shall not be asserted by Grantor as a defense in any proceeding instituted by Beneficiary to collect the Liabilities or any deficiency remaining unpaid after the foreclosure sale of the Property.

Foreclosure. Beneficiary Mortgagee may institute any one or more actions of mortgage foreclosure against all or any part of the Property, or take such other action at law, equity or by contract for the enforcement of this Deed of Trust Mortgage and realization on the security herein or elsewhere provided for, as the law may allow, and may proceed therein to final judgment and execution for the entire unpaid balance of the Liabilities. The unpaid balance of any judgment shall bear interest at the greater of (a) the statutory rate provided for judgments, or (b) the rate borne by the SecuritiesDefault Rate. Without limiting the foregoing, Beneficiary Mortgagee may cause the foreclosure of foreclose this Deed of Trust Mortgage and exercise its rights as a secured party for all or any portion of the Liabilities which are then due and payable, subject to the continuing lien of this Deed of Trust Mortgage for the balance not then due and payable. In case of any sale of the Property by judicial proceedings, the Property may be sold in one parcel or in such parcels, manner or order as Beneficiary Mortgagee in its sole discretion may elect. GrantorMortgagor, for itself and anyone claiming by, through or under it, hereby agrees that Beneficiary Mortgagee shall in no manner, in law or in equity, be limited, except as herein provided, in the exercise of its rights in the Property or in any other security hereunder or otherwise appertaining to the Liabilities or any other obligation secured by this Deed of TrustMortgage, whether by any statute, rule or precedent which may otherwise require said security to be marshalled in any manner and GrantorMortgagor, for itself and others as aforesaid, hereby expressly waives and releases any right to or benefit thereof. The failure to make any tenant a defendant to a foreclosure proceeding shall not be asserted by Grantor Mortgagor as a defense in any proceeding instituted by Beneficiary Mortgagee to collect the Liabilities or any deficiency remaining unpaid after the foreclosure sale of the Property.

Foreclosure. Beneficiary Upon the occurrence of any default, in addition to other remedies provided under the Uniform Commercial Code, Bank at any time then or thereafter, in its discretion, may institute lawfully enter any one of Borrower’s premises or more actions the premises where the Collateral is located, and with or without judicial process, lawfully remove, under Section 9-609 of foreclosure against the Uniform Commercial Code, the Collateral or records thereof to such place as Bank may deem advisable, or require Borrower to assemble and make any or all such Collateral available at such reasonable place as Bank may direct, and realize upon (by public or private sale or in any other manner) all or any part of the PropertyCollateral and, unless the Collateral is perishable or threatens to decline speedily in value, or take such other action at lawis of a type customarily sold on a recognized market, equity or by contract for the enforcement of this Deed of Trust and realization on the security herein or elsewhere provided for, as the law may allowBank shall give Borrower, and may proceed therein other parties entitled to final judgment and execution for notice, reasonable notice in writing before the entire unpaid balance of the Liabilities. The unpaid balance of any judgment shall bear interest at the greater of (a) the statutory rate provided for judgments, or (b) the rate borne by the Securities. Without limiting the foregoing, Beneficiary may cause the foreclosure of this Deed of Trust and exercise its rights as a secured party for all or any portion of the Liabilities which are then due and payable, subject to the continuing lien of this Deed of Trust for the balance not then due and payable. In case of any sale of the Property by judicial proceedingsCollateral or any part thereof at public auction or private sale, the Property may be sold in one parcel or more sales, at such price or prices, and upon such terms either for cash or credit or future delivery as Bank may elect, and at any such public sale Bank may bid for and become the purchaser of any or all of such Collateral; and/or Bank may foreclose its security interest in the Collateral in any way permitted by law. In connection with any notices to be given pursuant to this Paragraph VII.C., it is agreed in all instances that five (5) business days notice constitutes reasonable notice. Any such parcelsnotice shall be deemed given when delivered or deposited in the U.S. mail with first class postage. The net proceeds of any such sale or sales and any amounts received in liquidation of the Collateral, manner less all costs and expenses incurred in connection therewith, including the costs of collection described in Paragraph VII.B above and, at the option of Bank or as required by law, less any prior lien claims, shall be applied against the Obligations in the order as Beneficiary that Bank in its sole discretion may electshall decide, and Borrower or other party entitled thereto shall be entitled to any surplus resulting therefrom. Grantor, No action taken by Bank pursuant hereto shall affect Borrower’s continuing liability to Bank for itself and anyone claiming by, through or under it, hereby agrees that Beneficiary shall in no manner, in law or in equity, be limited, except as herein provided, in the exercise of its rights in the Property or in any other security hereunder or otherwise appertaining to the Liabilities or any other obligation secured by this Deed of Trust, whether by any statute, rule or precedent which may otherwise require said security to be marshalled in any manner and Grantor, for itself and others as aforesaid, hereby expressly waives and releases any right to or benefit thereof. The failure to make any tenant a defendant to a foreclosure proceeding shall not be asserted by Grantor as a defense in any proceeding instituted by Beneficiary to collect the Liabilities or any deficiency remaining unpaid after any foreclosure. It is mutually agreed that it is commercially reasonable for Bank to disclaim all warranties which arise with respect to the foreclosure sale disposition of the PropertyCollateral.

Foreclosure. Beneficiary Upon the occurrence of an Event of Default, the entire unpaid Indebtedness shall, at the option of Mortgagee (to be exercised at any time that said Event of Default continues to exist), become immediately due and payable for all purposes without any notice or demand, except as required by law (ALL OTHER NOTICE OF THE EXERCISE OF SUCH OPTION, OR OF THE INTENT TO EXERCISE SUCH OPTION, BEING HEREBY EXPRESSLY WAIVED), and Mortgagee may, in addition to exercising any rights it may have with respect to the Personal Property under the Uniform Commercial Code of the jurisdiction in which the Property is located, institute proceedings in any one court of competent jurisdiction to foreclose this instrument as a mortgage, or more actions to enforce any of foreclosure the covenants hereof, or Mortgagee may, either personally or by agent or attorney in fact, enter upon and take possession of the Property and may manage, rent or lease the Property or any portion thereof upon such terms as Mortgagee may deem expedient, and collect, receive and receipt for all rentals and other income therefrom and apply the sums so received as hereinafter provided in case of sale. Mortgagee is hereby further authorized and empowered, as agent or attorney in fact, either after or without such entry, to sell and dispose of the Property en masse or in separate parcels (as Mortgagee may think best), and all the right, title and interest of Mortgagor therein, by advertisement or in any manner provided by the laws of the jurisdiction in which the Property is located (MORTGAGOR HEREBY EXPRESSLY WAIVES ANY RIGHT TO A HEARING PRIOR TO SUCH SALE), and to issue, execute and deliver a deed of conveyance, all as then may be provided by law; and Mortgagee shall, out of the proceeds or avails of such sale, after first paying and retaining all fees, charges, costs of advertising the Property and of making said sale, and attorneys' fees as herein provided, apply such proceeds to the Indebtedness, including all sums advanced or expended by Mortgagee or the legal holder of the Indebtedness, with interest from date of advance or expenditure at the Default Rate (as defined in the Note), rendering the excess, if any, as provided by law; such sale or sales and said deed or deeds so made shall be a perpetual bar, both in law and equity, against Mortgagor, the heirs, successors and assigns of Mortgagor, and all other persons claiming the Property aforesaid, or any part of the Propertythereof, or take such other action at lawby, equity or by contract for the enforcement of this Deed of Trust and realization on the security herein or elsewhere provided for, as the law may allow, and may proceed therein to final judgment and execution for the entire unpaid balance of the Liabilities. The unpaid balance of any judgment shall bear interest at the greater of (a) the statutory rate provided for judgments, or (b) the rate borne by the Securities. Without limiting the foregoing, Beneficiary may cause the foreclosure of this Deed of Trust and exercise its rights as a secured party for all or any portion of the Liabilities which are then due and payable, subject to the continuing lien of this Deed of Trust for the balance not then due and payable. In case of any sale of the Property by judicial proceedings, the Property may be sold in one parcel or in such parcels, manner or order as Beneficiary in its sole discretion may elect. Grantor, for itself and anyone claiming byfrom, through or under it, hereby agrees that Beneficiary shall in no manner, in law or in equity, be limited, except as herein provided, in Mortgagor. The legal holder of the exercise of its rights in Indebtedness may purchase the Property or in any other security hereunder or otherwise appertaining to the Liabilities or any other obligation secured by this Deed of Trustpart thereof, whether by any statute, rule or precedent which may otherwise require said security to be marshalled in any manner and Grantor, for itself and others as aforesaid, hereby expressly waives and releases any right to or benefit thereof. The failure to make any tenant a defendant to a foreclosure proceeding it shall not be asserted by Grantor as a defense in obligatory upon any proceeding instituted by Beneficiary purchaser at any such sale to collect see to the Liabilities or any deficiency remaining unpaid after the foreclosure sale application of the Propertypurchase money.

Foreclosure. Beneficiary may institute any one or more actions request Trustee to proceed with foreclosure, and in such event Trustee is hereby authorized and empowered, and it shall be his duty, upon such request of foreclosure against Beneficiary, and to the extent permitted by applicable Law, to sell all or any part of the Mortgaged Property at one or more sales, as an entirety or in parcels, at such place or places and otherwise in such manner and upon such notice as may be required by applicable Law, or in the absence of any such requirement, as Trustee and/or Beneficiary may deem appropriate, and to make conveyance to the purchaser or purchasers thereof. Any sale of any part of the Mortgaged Property shall be made to the highest bidder or bidders for cash, at the courthouse door of, or at such other place as may be required or permitted by applicable Law in, the county (or judicial district) wherein the Land included within the Mortgaged Property to be sold is situated; provided that if the Land is situated in more than one county (or judicial district), such sale of the Mortgaged Property, or take any part thereof, may be made in any county (or judicial district) wherein any part of the Land included within the Mortgaged Property to be sold is situated. Any such sale shall be made at public outcry, on the day of any month, during the hours of such day and after written notices thereof have been publicly posted in such places and for such time periods and after all Persons entitled to notice thereof have been sent such notice, all as required by applicable Law in effect at the time of such sale; and nothing herein shall be deemed to require Beneficiary or Trustee to do, and Beneficiary and Trustee shall not be required to do, any act other action than as required by applicable Law in effect at lawthe time of such sale. Any such sale may be as a whole or in such parcels as Trustee may select. After such sale, equity Trustee shall make to the purchaser or purchasers thereunder good and sufficient deeds and assignments, in the name of Grantor, conveying the Mortgaged Property, or part thereof, so sold to the purchaser or purchasers with general warranty of title (subject to Permitted Liens) by contract for Grantor. Sale of a part of the enforcement Mortgaged Property shall not exhaust the power of sale, but sales may be made from time to time until the Obligation is paid and performed in full. It shall not be necessary to have present or to exhibit at any such sale any of the Collateral. In addition to the Rights and powers of sale granted under the preceding provisions of this Deed Subsection 3.2(c), if default is made in the payment of Trust any installment of the Obligation, Beneficiary, at its option, at once or at any time thereafter while any matured installment remains unpaid, without declaring the entire Obligation to be due and realization payable may orally or in writing direct Trustee to enforce this trust and to sell the Mortgaged Property subject to such unmatured Obligation and the Liens securing its payment, in the same manner, on the security herein or elsewhere provided forsame terms, as at the law may allowsame place and time, and after having given notice in the same manner, all as provided in the preceding provisions of this Subsection 3.2(c). After such sale, Trustee shall make due conveyance to the purchaser or purchasers. Sales made without maturing the Obligation may proceed therein to final judgment be made hereunder whenever there is a default in the payment of any installment of the Obligation without exhausting the power of sale granted hereby, and execution for without affecting in any way the entire unpaid power of sale granted under this Subsection 3.2(c) on the unmatured balance of the Liabilities. The unpaid balance Obligation (except as to any proceeds of any judgment shall bear interest at sale which Beneficiary may apply as a prepayment on the greater Obligation) or the Liens securing payment of (athe Obligation. It is intended by each of the foregoing provisions of this Subsection 3.2(c) that Trustee may, after any request or direction by Beneficiary, sell, not only the statutory rate provided for judgmentsSubject Interests included within, but also, all other items constituting a part of, the Mortgaged Property, or (b) any part thereof, along with the rate borne Land, or any part thereof, included within the Mortgaged Property all as a unit and as a part of a single sale, or may sell any part of the Mortgaged Property separately from the remainder of the Mortgaged Property. It is agreed that, in any deed or assignment given by Trustee, any and all statements of fact or other recitals therein made as to the Securities. Without limiting identity of Beneficiary, or as to the occurrence or existence of any Default, or as to the acceleration of the maturity of the Obligation, or as to the request to sell, notice of sale, time, place, terms and manner of sale, and the receipt, distribution and application of the money realized therefrom, or as to the due and proper appointment of a substitute trustee, and, without being limited by the foregoing, as to any other act or thing having been duly done by Beneficiary or by Trustee, shall be taken by all courts of law and equity as prima facie evidence that the said statements or recitals state facts and are without further question to be so accepted, and Grantor does hereby ratify and confirm any and all acts that Trustee may lawfully do in the premises by virtue hereof. In the event of the resignation (such resignation being hereby authorized for any reason) or death of Trustee, or his removal from his county of residence stated on the first page hereof, or his failure, refusal or inability, for any reason, to make any such sale or to perform any of the trusts herein declared, or, at the option of Beneficiary, without cause, Beneficiary may cause appoint, in writing, a substitute trustee, who shall thereupon succeed to all the foreclosure estates, titles, rights, powers and trusts herein granted to and vested in Trustee. Such appointment may be made on behalf of this Deed of Trust and exercise its rights as a secured party for all Beneficiary by any person who is then the president, or any portion of vice president, or the Liabilities which are then due and payablecashier or secretary, subject to the continuing lien of this Deed of Trust for the balance not then due and payable. In case of any sale of the Property by judicial proceedingsor branch manager, the Property may be sold in one parcel or in such parcelsa senior representative, manner or order as Beneficiary in its sole discretion may elect. Grantor, for itself and anyone claiming by, through or under it, hereby agrees that Beneficiary shall in no manner, in law or in equity, be limited, except as herein provided, in the exercise of its rights in the Property or in any other security hereunder or otherwise appertaining to the Liabilities or any other obligation secured authorized officer or agent of Beneficiary. In the event of the resignation (such resignation being hereby authorized for any reason) or death of any such substitute trustee, or his failure, refusal or inability to make such sale or perform such trusts, or, at the option of Beneficiary, without cause, successive substitute trustees may thereafter, from time to time, be appointed by Beneficiary in the same manner. Trustee may appoint, in writing, any one or more Persons as Trustee’s agent and attorney-in-fact to act as Trustee under him and in his name, place and stead, xx perform any one or more acts necessary or incident to any sale under the power of sale granted under the preceding provisions of this Deed Subsection 3.2(c), including, without limitation, the posting and filing of Trustany notices, whether the conduct of such sale and the execution and delivery of any instruments conveying the Mortgaged Property so sold, but in the name and on behalf of Trustee. All acts done or performed by any statutesuch agent and attorney-in-fact shall be valid, rule lawful and binding as if done or precedent which may otherwise require said security to be marshalled performed by Trustee. Wherever herein the word “Trustee” is used, the same shall mean the person who is the duly appointed trustee or substitute trustee hereunder at the time in any manner and Grantor, for itself and others as aforesaid, hereby expressly waives and releases any right to or benefit thereof. The failure to make any tenant a defendant to a foreclosure proceeding shall not be asserted by Grantor as a defense in any proceeding instituted by Beneficiary to collect the Liabilities or any deficiency remaining unpaid after the foreclosure sale of the Propertyquestion.

Foreclosure. Beneficiary Mortgagee may institute any one or more actions of mortgage foreclosure against all or any part of the Property, or take such other action at law, equity or by contract for the enforcement of this Deed of Trust Mortgage and realization on the security herein or elsewhere provided for, as the law may allow, and may proceed therein to final judgment and execution for the entire unpaid balance of the Liabilities. The unpaid balance of any judgment shall bear interest at the greater of (a) the statutory rate provided for judgments, or (b) the rate borne by the Securities. Without limiting the foregoing, Beneficiary Mortgagee may cause the foreclosure of foreclose this Deed of Trust Mortgage and exercise its rights as a secured party for all or any portion of the Liabilities which are then due and payable, subject to the continuing lien of this Deed of Trust Mortgage for the balance not then due and payable. In case of any sale of the Property by judicial proceedings, the Property may be sold in one parcel or in such parcels, manner or order as Beneficiary Mortgagee in its sole discretion may elect. GrantorMortgagor, for itself and anyone claiming by, through or under it, hereby agrees that Beneficiary Mortgagee shall in no manner, in law or in equity, be limited, except as herein provided, in the exercise of its rights in the Property or in any other security hereunder or otherwise appertaining to the Liabilities or any other obligation secured by this Deed of TrustMortgage, whether by any statute, rule or precedent which may otherwise require said security to be marshalled in any manner and GrantorMortgagor, for itself and others as aforesaid, hereby expressly waives and releases any right to or benefit thereof. The failure to make any tenant a defendant to a foreclosure proceeding shall not be asserted by Grantor Mortgagor as a defense in any proceeding instituted by Beneficiary Mortgagee to collect the Liabilities or any deficiency remaining unpaid after the foreclosure sale of the Property.

Foreclosure. Beneficiary Mortgagee may institute any one or more actions of mortgage foreclosure against all or any part of the Property, or take such other action at law, equity or by contract for the enforcement of this Deed of Trust Mortgage and realization on the security herein or elsewhere provided for, as the law may allow, and may proceed therein to final judgment and execution for the entire unpaid balance of the Liabilities. The unpaid balance of any judgment shall bear interest at the greater of (a) the statutory rate provided for judgments, or (b) the rate borne by the SecuritiesTranche A Loans. Without limiting the foregoing, Beneficiary Mortgagee may cause the foreclosure of foreclose this Deed of Trust Mortgage and exercise its rights as a secured party for all or any portion of the Liabilities which are then due and payable, subject to the continuing lien of this Deed of Trust Mortgage for the balance not then due and payable. In case of any sale of the Property by judicial proceedings, the Property may be sold in one parcel or in such parcels, manner or order as Beneficiary Mortgagee in its sole discretion may elect. GrantorMortgagor, for itself and anyone claiming by, through or under it, hereby agrees that Beneficiary Mortgagee shall in no manner, in law or in equity, be limited, except as herein provided, in the exercise of its rights in the Property or in any other security hereunder or otherwise appertaining to the Liabilities or any other obligation secured by this Deed of TrustMortgage, whether by any statute, rule or precedent which may otherwise require said security to be marshalled in any manner and GrantorMortgagor, for itself and others as aforesaid, hereby expressly waives and releases any right to or benefit thereof. The failure to make any tenant a defendant to a foreclosure proceeding shall not be asserted by Grantor Mortgagor as a defense in any proceeding instituted by Beneficiary Mortgagee to collect the Liabilities or any deficiency remaining unpaid after the foreclosure sale of the Property.

Foreclosure. Beneficiary may institute any one or more actions request Trustee to proceed with foreclosure, and in such event Trustee is hereby authorized and empowered, and it shall be his duty, upon such request of foreclosure against Beneficiary, and to the extent permitted by applicable Law, to sell all or any part of the Mortgaged Property at one or more sales, as an entirety or in parcels, at such place or places and otherwise in such manner and upon such notice as may be required by applicable Law, or in the absence of any such requirement, as Trustee and/or Beneficiary may deem appropriate, and to make conveyance to the purchaser or purchasers thereof. Any sale of any part of the Mortgaged Property shall be made to the highest bidder or bidders for cash, at the courthouse door of, or at such other place as may be required or permitted by applicable Law in, the county (or judicial district) wherein the Land included within the Mortgaged Property to be sold is situated; provided that if the Land is situated in more than one county (or judicial district), such sale of the Mortgaged Property, or take any part thereof, may be made in any county (or judicial district) wherein any part of the Land included within the Mortgaged Property to be sold is situated. Any such sale shall be made at public outcry, on the day of any month, during the hours of such day and after written notices thereof have been publicly posted in such places and for such time periods and after all Persons entitled to notice thereof have been sent such notice, all as required by applicable Law in effect at the time of such sale; and nothing herein shall be deemed to require Beneficiary or Trustee to do, and Beneficiary and Trustee shall not be required to do, any act other action than as required by applicable Law in effect at lawthe time of such sale. Any such sale may be as a whole or in such parcels as Trustee may select. After such sale, equity Trustee shall make to the purchaser or purchasers thereunder good and sufficient deeds and assignments, in the name of Grantor, conveying the Mortgaged Property, or part thereof, so sold to the purchaser or purchasers with general warranty of title (subject to Permitted Liens) by contract for Grantor. Sale of a part of the enforcement Mortgaged Property shall not exhaust the power of sale, but sales may be made from time to time until the Obligation is paid and performed in full. It shall not be necessary to have present or to exhibit at any such sale any of the Collateral. In addition to the Rights and powers of sale granted under the preceding provisions of this Deed Subsection 3.2(c), if default is made in the payment of Trust any installment of the Obligation, Beneficiary, at its option, at once or at any time thereafter while any matured installment remains unpaid, without declaring the entire Obligation to be due and realization payable may orally or in writing direct Trustee to enforce this trust and to sell the Mortgaged Property subject to such unmatured Obligation and the Liens securing its payment, in the same manner, on the security herein or elsewhere provided forsame terms, as at the law may allowsame place and time, and after having given notice in the same manner, all as provided in the preceding provisions of this Subsection 3.2(c). After such sale, Trustee shall make due conveyance to the purchaser or purchasers. Sales made without maturing the Obligation may proceed therein to final judgment be made hereunder whenever there is a default in the payment of any installment of the Obligation without exhausting the power of sale granted hereby, and execution for without affecting in any way the entire unpaid power of sale granted under this Subsection 3.2(c) on the unmatured balance of the Liabilities. The unpaid balance Obligation (except as to any proceeds of any judgment shall bear interest at sale which Beneficiary may apply as a prepayment on the greater Obligation) or the Liens securing payment of (athe Obligation. It is intended by each of the foregoing provisions of this Subsection 3.2(c) that Trustee may, after any request or direction by Beneficiary, sell, not only the statutory rate provided for judgmentsSubject Interests included within, but also, all other items constituting a part of, the Mortgaged Property, or (b) any part thereof, along with the rate borne Land, or any part thereof, included within the Mortgaged Property all as a unit and as a part of a single sale, or may sell any part of the Mortgaged Property separately from the remainder of the Mortgaged Property. It is agreed that, in any deed or assignment given by Trustee, any and all statements of fact or other recitals therein made as to the Securities. Without limiting identity of Beneficiary, or as to the occurrence or existence of any Default, or as to the acceleration of the maturity of the Obligation, or as to the request to sell, notice of sale, time, place, terms and manner of sale, and the receipt, distribution and application of the money realized therefrom, or as to the due and proper appointment of a substitute trustee, and, without being limited by the foregoing, as to any other act or thing having been duly done by Beneficiary or by Trustee, shall be taken by all courts of law and equity as prima facie evidence that the said statements or recitals state facts and are without further question to be so accepted, and Grantor does hereby ratify and confirm any and all acts that Trustee may lawfully do in the premises by virtue hereof. In the event of the resignation (such resignation being hereby authorized for any reason) or death of Trustee, or his removal from his county of residence stated on the first page hereof, or his failure, refusal or inability, for any reason, to make any such sale or to perform any of the trusts herein declared, or, at the option of Beneficiary, without cause, Beneficiary may cause appoint, in writing, a substitute trustee, who shall thereupon succeed to all the foreclosure estates, titles, rights, powers and trusts herein granted to and vested in Trustee. Such appointment may be made on behalf of this Deed of Trust and exercise its rights as a secured party for all Beneficiary by any person who is then the president, or any portion of vice president, or the Liabilities which are then due and payablecashier or secretary, subject to the continuing lien of this Deed of Trust for the balance not then due and payable. In case of any sale of the Property by judicial proceedingsor branch manager, the Property may be sold in one parcel or in such parcelsa senior representative, manner or order as Beneficiary in its sole discretion may elect. Grantor, for itself and anyone claiming by, through or under it, hereby agrees that Beneficiary shall in no manner, in law or in equity, be limited, except as herein provided, in the exercise of its rights in the Property or in any other security hereunder or otherwise appertaining to the Liabilities or any other obligation secured authorized officer or agent of Beneficiary. In the event of the resignation (such resignation being hereby authorized for any reason) or death of any such substitute trustee, or his failure, refusal or inability to make such sale or perform such trusts, or, at the option of Beneficiary, without cause, successive substitute trustees may thereafter, from time to time, be appointed by Beneficiary in the same manner. Trustee may appoint, in writing, any one or more Persons as Trustee’s agent and attorney-in-fact to act as Trustee under him and in his name, place and steax, xx perform any one or more acts necessary or incident to any sale under the power of sale granted under the preceding provisions of this Deed Subsection 3.2(c), including, without limitation, the posting and filing of Trustany notices, whether the conduct of such sale and the execution and delivery of any instruments conveying the Mortgaged Property so sold, but in the name and on behalf of Trustee. All acts done or performed by any statutesuch agent and attorney-in-fact shall be valid, rule lawful and binding as if done or precedent which may otherwise require said security to be marshalled performed by Trustee. Wherever herein the word “Trustee” is used, the same shall mean the person who is the duly appointed trustee or substitute trustee hereunder at the time in any manner and Grantor, for itself and others as aforesaid, hereby expressly waives and releases any right to or benefit thereof. The failure to make any tenant a defendant to a foreclosure proceeding shall not be asserted by Grantor as a defense in any proceeding instituted by Beneficiary to collect the Liabilities or any deficiency remaining unpaid after the foreclosure sale of the Propertyquestion.

Foreclosure. Beneficiary During the continuance of an Event of Default hereunder, Lender may institute any one or more actions of foreclosure against all or any part of an action to foreclose this Mortgage as to the Property, or take such other action at law, equity or by contract for the enforcement of this Deed of Trust and realization on the security herein or elsewhere provided for, as the law may allow, and may proceed therein to final judgment and execution for the entire unpaid balance of the Liabilities. The unpaid balance of any judgment shall bear interest at the greater of (a) the statutory rate provided for judgments, or (b) the rate borne by the Securities. Without limiting the foregoing, Beneficiary may cause the foreclosure of this Deed of Trust and exercise its rights as a secured party for all or any portion of the Liabilities which are then amount so declared due and payable, subject to the continuing lien of this Deed of Trust for the balance not then due and payable. In case of any sale of thereupon the Property by judicial proceedings(or any portion thereof) shall be sold according to law to satisfy and pay the same, the together with all costs, expenses and allowances thereof, including, without limitation, Reasonable Attorneys' Fees. The Property may be sold in one parcel parcel, several parcels or in such groups of parcels, manner or order as Beneficiary in its sole discretion may elect. Grantorand Lender shall be entitled to bid at the sale and, if Lender is the highest bidder for itself and anyone claiming by, through or under it, hereby agrees that Beneficiary shall in no manner, in law or in equity, be limited, except as herein provided, in the exercise of its rights in the Property or in any other security hereunder part or otherwise appertaining parts thereof, Lender shall be entitled to purchase the same. If, following the acceleration of the Note but prior to the Liabilities foreclosure of this Mortgage against the Property, Borrower shall tender to Lender payment of an amount sufficient to pay the entire secured indebtedness, such tender shall be deemed to be a voluntary prepayment under the Note and, consequently, Borrower shall also pay to Lender any Prepayment Premium (to the extent permitted by the Laws of the State) required under the Note to be paid in order to prepay principal and, if such principal payment is made during any period when prepayment is prohibited by this Mortgage or the Note, the applicable charge or Prepayment Premium (to the extent permitted by the Laws of the State) shall be the maximum Prepayment Premium provided for in the Note; provided, however, that in no event shall any amount payable under this Section or any other obligation Section relating to Prepayment Premiums or otherwise, when added to the interest otherwise payable on the Note and the other secured by this Deed of Trustindebtedness, whether by any statute, rule or precedent which may otherwise require said security to be marshalled in any manner and Grantor, for itself and others as aforesaid, hereby expressly waives and releases any right to or benefit thereof. The failure to make any tenant a defendant to a foreclosure proceeding shall not be asserted by Grantor as a defense in any proceeding instituted by Beneficiary to collect exceed the Liabilities or any deficiency remaining unpaid after the foreclosure sale of the Propertymaximum interest permitted under applicable law.

Foreclosure. Upon the occurrence and during the continuance of an Event of Default, the entire unpaid Indebtedness shall, at the option of Beneficiary, become immediately due and payable for all purposes without any notice or demand, except as required by law (ALL OTHER NOTICE OF THE EXERCISE OF SUCH OPTION, OR OF THE INTENT TO EXERCISE SUCH OPTION, BEING HEREBY EXPRESSLY WAIVED), and Beneficiary may, in addition to exercising any rights it may have with respect to the Personal Property under the Uniform Commercial Code of the jurisdiction in which the Towne Centre Project is located, institute proceedings in any court of competent jurisdiction to foreclose this instrument as a mortgage, or to enforce any of the covenants hereof, or Trustee or Beneficiary may, to the extent permitted by applicable law, either personally or by agent or attorney in fact, enter upon and take possession of the Towne Centre Project and may manage, rent or lease the Towne Centre Project or any portion thereof upon such terms as Beneficiary may institute deem expedient, and collect, receive and receipt for all rentals and other income therefrom and apply the sums so received as hereinafter provided in case of sale. Trustee is hereby further authorized and empowered, either after or without such entry, to sell and dispose of the Towne Centre Project en masse or in separate parcels (as Trustee may think best), and all the right, title and interest of Grantor therein, by advertisement or in any one manner provided by applicable law, (GRANTOR HEREBY EXPRESSLY WAIVES ANY RIGHT TO A HEARING PRIOR TO SUCH SALE), and to issue, execute and deliver a deed of conveyance, all as then may be provided by applicable law; and Trustee, to the extent permitted by applicable law, shall, out of the proceeds or more actions avails of foreclosure such sale, after first paying and retaining all fees, charges, costs of advertising the Towne Centre Project and of making said sale, and attorneys' fees as herein provided, pay to Beneficiary or the legal holder of the Indebtedness the amount thereof, including all sums advanced or expended by Beneficiary or the legal holder of the Indebtedness, with interest from date of advance or expenditure at the Default Rate, rendering the excess, if any, as provided by the Master Loan Agreement; such sale or sales and said deed or deeds so made shall be a perpetual bar, both in law and equity, against Grantor, the heirs, successors and assigns of Grantor, and all other persons claiming the Towne Centre Project aforesaid, or any part thereof, by, from, through or under Grantor. The legal holder of the Indebtedness may purchase the Towne Centre Project or any part thereof, and it shall not be obligatory upon any purchaser at any such sale to see to the application of the purchase money. PROHIBITION ON TRANSFER. The present ownership and management of the Towne Centre Project is a material consideration to Beneficiary in making the loan secured by this instrument, and except as expressly permitted in the Master Loan Agreement, Grantor shall not (i) convey title to all or any part of the PropertyTowne Centre Project, or take such other action at law, equity or by (ii) enter into any contract to convey (land contract/installment sales contract/contract for the enforcement of this Deed of Trust and realization on the security herein or elsewhere provided for, as the law may allow, and may proceed therein deed) title to final judgment and execution for the entire unpaid balance of the Liabilities. The unpaid balance of any judgment shall bear interest at the greater of (a) the statutory rate provided for judgments, or (b) the rate borne by the Securities. Without limiting the foregoing, Beneficiary may cause the foreclosure of this Deed of Trust and exercise its rights as a secured party for all or any portion part of the Liabilities Towne Centre Project which are then due and payablegives a purchaser possession of, subject or income from, the Towne Centre Project prior to the continuing lien a transfer of this Deed of Trust for the balance not then due and payable. In case of title to all or any sale part of the Property by judicial proceedings, the Property may be sold in one parcel Towne Centre Project or in such parcels, manner (iii) cause or order as Beneficiary in its sole discretion may elect. Grantor, for itself and anyone claiming by, through or under it, hereby agrees that Beneficiary shall in no manner, in law or in equity, be limited, except as herein provided, permit a Change in the exercise Proportionate Ownership of its rights Grantor (as defined in the Property or in any other security hereunder or otherwise appertaining to the Liabilities or any other obligation secured by this Deed of Trust, whether by any statute, rule or precedent which may otherwise require said security to be marshalled in any manner and Grantor, for itself and others as aforesaid, hereby expressly waives and releases any right to or benefit thereof. The failure to make any tenant a defendant to a foreclosure proceeding shall not be asserted by Grantor as a defense in any proceeding instituted by Beneficiary to collect the Liabilities or any deficiency remaining unpaid after the foreclosure sale of the PropertyMaster Loan Agreement).

Foreclosure. Beneficiary Lender may institute any one or more actions of mortgage foreclosure against all or any part of the Property, or take such other action at law, equity or by contract for the enforcement of this Deed of Trust Mortgage and realization on the Property security herein or elsewhere provided forfor the Liabilities, as or any part thereof, to the fullest extents that applicable law may allow, and may proceed therein to final judgment and execution for the entire unpaid balance of the Liabilities. The unpaid balance of any judgment shall bear interest at the greater of (a) the statutory rate provided for judgments, or (b) the highest rate borne by the Securitiespermitted under Florida law. Without limiting the foregoing, Beneficiary Lender may cause the foreclosure of foreclose this Deed of Trust Mortgage and exercise its rights as a secured party for all or any portion of the Liabilities which are then due and payable, subject to the continuing lien of this Deed of Trust Mortgage for the balance not then due and payable. In case of any sale sale(s) of any of the Property by judicial proceedings, the Property may be sold in one parcel lot parcel, or in such as many lots, parcels, manner or order order, as Beneficiary Lender in its sole discretion may elect. GrantorBorrower, for itself and anyone claiming by, through or under it, hereby agrees agrees, to the fullest extent not expressly precluded by applicable law. that Beneficiary Lender shall in no manner, whether in law or in equity, be limited, limited except as herein provided, provided in the exercise of its rights as a secured party in the Property Property, or in any other security hereunder or otherwise appertaining pertaining to the Liabilities or any other obligation secured by this Deed of TrustMortgage, whether by any statute, rule or precedent which may otherwise require said security to be marshalled in any manner and GrantorBorrower, for itself and others as aforesaid, hereby expressly waives and releases any right to or benefit thereof. The failure to make any tenant or any other third party a defendant to a foreclosure proceeding shall not be asserted by Grantor Borrower as a defense in any proceeding instituted by Beneficiary Xxxxxx to collect the Liabilities or any deficiency remaining unpaid after the foreclosure sale of the Propertythereafter.

Foreclosure. Beneficiary may institute Upon Borrower’s breach of any one representation, covenant or more actions agreement of foreclosure against all Borrower in this Security Instrument, the Note, the Environmental Indemnity Agreement or any part other Loan Document, including, but not limited to, the covenants to pay when due any sums secured by this Security Instrument, beyond any applicable cure periods expressly specified above, at the option of Grantee, this Security Instrument may be foreclosed by judicial proceedings, or Grantee may, without further notice, enter and take possession of the Property, personally or take through it agents, and it shall be lawful for and the duty of Grantee to sell the Property, en masse or in separate parcels (as Grantee may elect) and all title and interest of Borrower therein, at any place then authorized by law as may be specified in the notice of such other action at lawsale to the highest bidder, equity or by contract for the enforcement of this Deed of Trust and realization all in compliance with applicable law relating to non-judicial foreclosure sales in effect on the security herein or elsewhere provided for, as the law may allow, and may proceed therein to final judgment and execution for the entire unpaid balance of the Liabilities. The unpaid balance of any judgment shall bear interest at the greater of (a) the statutory rate provided for judgments, or (b) the rate borne by the Securitiesdate that foreclosure is commenced. Without limiting the foregoing, Beneficiary the Grantee shall cause to be recorded, published and delivered to Borrower such notice of default and election to sell as shall then be required by applicable law and by this Security Instrument. Grantee shall, without demand on Borrower, after lapse of such time as may cause then be required by applicable law and after recordation of such notice of default and election to sell and after notice of sale having been given as required by law, sell the foreclosure Premises at the time and place of this Deed sale fixed by the Grantee in said notice of Trust and exercise its rights sale, either as a secured party whole, or in separate lots or parcels or items as Grantee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for all or any portion cash in lawful money of the Liabilities which are then United States payable at the time of sale. Grantee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the Premises so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including, without limitation, Borrower or Grantee, may purchase at such sale and Borrower hereby covenants to warrant and defend the title of such purchaser or purchasers. In addition, Grantee may credit bid at any such sale an amount up to and including the full amount due under the Loan, including, without limitation, accrued and payableunpaid interest, subject principal, charges, advances made thereunder. Grantee shall be entitled to collect from Borrower all costs and expenses incurred in pursuing foreclosure, including, but not limited to, attorneys’ fees and costs of environmental reports, appraisals, documentary evidence, abstracts, and title reports. Grantee shall deliver to the continuing lien of this Deed of Trust for purchaser a deed conveying the balance not then due and payableProperty so sold without any covenant or warranty, expressed or implied. In case of any sale The recitals in the deed shall apply the proceeds of the Property by judicial proceedings, the Property may be sold sale in one parcel or in such parcels, manner or order as Beneficiary in its sole discretion may elect. Grantor, for itself and anyone claiming by, through or under it, hereby agrees that Beneficiary shall in no manner, in law or in equity, be limited, except as herein provided, in the exercise of its rights in the Property or in any other security hereunder or otherwise appertaining to the Liabilities or any other obligation secured by this Deed of Trust, whether by any statute, rule or precedent which may otherwise require said security to be marshalled in any manner and Grantor, for itself and others as aforesaid, hereby expressly waives and releases any right to or benefit thereof. The failure to make any tenant a defendant to a foreclosure proceeding shall not be asserted by Grantor as a defense in any proceeding instituted by Beneficiary to collect the Liabilities or any deficiency remaining unpaid after the foreclosure sale of the Propertyaccordance with applicable law.

Foreclosure. Beneficiary may institute any one or more actions request Trustee to proceed with foreclosure, and in such event Trustee is hereby authorized and empowered, and it shall be his duty, upon such request of foreclosure against Beneficiary, and to the extent permitted by applicable Law, to sell all or any part of the Mortgaged Property at one or more sales, as an entirety or in parcels, at such place or places and otherwise in such manner and upon such notice as may be required by applicable Law, or in the absence of any such requirement, as Trustee and/or Beneficiary may deem appropriate, and to make conveyance to the purchaser or purchasers thereof. Any sale of any part of the Mortgaged Property shall be made to the highest bidder or bidders for cash, at the courthouse door of, or at such other place as may be required or permitted by applicable Law in, the county (or judicial district) wherein the Land included within the Mortgaged Property to be sold is situated; provided that if the Land is situated in more than one county (or judicial district), such sale of the Mortgaged Property, or take any part thereof, may be made in any county (or judicial district) wherein any part of the Land included within the Mortgaged Property to be sold is situated. Any such sale shall be made at public outcry, on the day of any month, during the hours of such day and after written notices thereof have been publicly posted in such places and for such time periods and after all Persons entitled to notice thereof have been sent such notice, all as required by applicable Law in effect at the time of such sale; and nothing herein shall be deemed to require Beneficiary or Trustee to do, and Beneficiary and Trustee shall not be required to do, any act other action than as required by applicable Law in effect at lawthe time of such sale. Any such sale may be as a whole or in such parcels as Trustee may select. After such sale, equity Trustee shall make to the purchaser or purchasers thereunder good and sufficient deeds and assignments, in the name of Grantor, conveying the Mortgaged Property, or part thereof, so sold to the purchaser or purchasers with general warranty of title (subject to Permitted Liens) by contract for Grantor. Sale of a part of the enforcement Mortgaged Property shall not exhaust the power of sale, but sales may be made from time to time until the Obligation is paid and performed in full. It shall not be necessary to have present or to exhibit at any such sale any of the Collateral. In addition to the Rights and powers of sale granted under the preceding provisions of this Deed Subsection 3.2(c), if default is made in the payment of Trust any installment of the Obligation, Beneficiary, at its option, at once or at any time thereafter while any matured installment remains unpaid, without declaring the entire Obligation to be due and realization payable may orally or in writing direct Trustee to enforce this trust and to sell the Mortgaged Property subject to such unmatured Obligation and the Liens securing its payment, in the same manner, on the security herein or elsewhere provided forsame terms, as at the law may allowsame place and time, and after having given notice in the same manner, all as provided in the preceding provisions of this Subsection 3.2(c). After such sale, Trustee shall make due conveyance to the purchaser or purchasers. Sales made without maturing the Obligation may proceed therein to final judgment be made hereunder whenever there is a default in the payment of any installment of the Obligation without exhausting the power of sale granted hereby, and execution for without affecting in any way the entire unpaid power of sale granted under this Subsection 3.2(c) on the unmatured balance of the Liabilities. The unpaid balance Obligation (except as to any proceeds of any judgment shall bear interest at sale which Beneficiary may apply as a prepayment on the greater Obligation) or the Liens securing payment of (athe Obligation. It is intended by each of the foregoing provisions of this Subsection 3.2(c) that Trustee may, after any request or direction by Beneficiary, sell, not only the statutory rate provided for judgmentsSubject Interests included within, but also, all other items constituting a part of, the Mortgaged Property, or (b) any part thereof, along with the rate borne Land, or any part thereof, included within the Mortgaged Property all as a unit and as a part of a single sale, or may sell any part of the Mortgaged Property separately from the remainder of the Mortgaged Property. It is agreed that, in any deed or assignment given by Trustee, any and all statements of fact or other recitals therein made as to the Securities. Without limiting identity of Beneficiary, or as to the occurrence or existence of any Default, or as to the acceleration of the maturity of the Obligation, or as to the request to sell, notice of sale, time, place, terms and manner of sale, and the receipt, distribution and application of the money realized therefrom, or as to the due and proper appointment of a substitute trustee, and, without being limited by the foregoing, as to any other act or thing having been duly done by Beneficiary or by Trustee, shall be taken by all courts of law and equity as prima facie evidence that the said statements or recitals state facts and are without further question to be so accepted, and Grantor does hereby ratify and confirm any and all acts that Trustee may lawfully do in the premises by virtue hereof, In the event of the resignation (such resignation being hereby authorized for any reason) or death of Trustee, or his removal from his county of residence stated on the first page hereof, or his failure, refusal or inability, for any reason, to make any such sale or to perform any of the trusts herein declared, or, at the option of Beneficiary, without cause, Beneficiary may cause appoint, in writing, a substitute trustee, who shall thereupon succeed to all the foreclosure estates, titles, rights, powers and trusts herein granted to and vested in Trustee. Such appointment may be made on behalf of this Deed of Trust and exercise its rights as a secured party for all Beneficiary by any person who is then the president, or any portion of vice president, or the Liabilities which are then due and payablecashier or secretary, subject to the continuing lien of this Deed of Trust for the balance not then due and payable. In case of any sale of the Property by judicial proceedingsor branch manager, the Property may be sold in one parcel or in such parcelsa senior representative, manner or order as Beneficiary in its sole discretion may elect. Grantor, for itself and anyone claiming by, through or under it, hereby agrees that Beneficiary shall in no manner, in law or in equity, be limited, except as herein provided, in the exercise of its rights in the Property or in any other security hereunder or otherwise appertaining to the Liabilities or any other obligation secured authorized officer or agent of Beneficiary. In the event of the resignation (such resignation being hereby authorized for any reason) or death of any such substitute trustee, or his failure, refusal or inability to make such sale or perform such trusts, or, at the option of Beneficiary, without cause, successive substitute trustees may thereafter, from time to time, be appointed by Beneficiary in the same manner. Trustee may appoint, in writing, any one or more Persons as Trustee’s agent and attorney-in-fact to act as Trustee under him and in his name, place and xxxxx, to perform any one or more acts necessary or incident to any sale under the power of sale granted under the preceding provisions of this Deed Subsection 3.2(c), including, without limitation, the posting and filing of Trustany notices, whether the conduct of such sale and the execution and delivery of any instruments conveying the Mortgaged Property so sold, but in the name and on behalf of Trustee. All acts done or performed by any statutesuch agent and attorney-in-fact shall be valid, rule lawful and binding as if done or precedent which may otherwise require said security to be marshalled performed by Trustee. Wherever herein the word “Trustee” is used, the same shall mean the person who is the duly appointed trustee or substitute trustee hereunder at the time in any manner and Grantor, for itself and others as aforesaid, hereby expressly waives and releases any right to or benefit thereof. The failure to make any tenant a defendant to a foreclosure proceeding shall not be asserted by Grantor as a defense in any proceeding instituted by Beneficiary to collect the Liabilities or any deficiency remaining unpaid after the foreclosure sale of the Propertyquestion.

Foreclosure. Beneficiary (i) The Beneficiary, with or without entry, personally or by its agents or attorneys, insofar as applicable, may institute any (i) sell or instruct the Jurisdictional Trustee, if applicable, to sell, to the extent permitted by law and pursuant to the power of sale granted herein, all and singular the Trust Estate, and all estate, right, title and interest, claim and demand therein, and right of redemption thereof, at one or more actions sales, as an entirety or in parcels, and at such times and places as required or permitted by law and as are customary in any county or parish in which a Property is located and upon such terms as the Beneficiary may fix and specify in the notice of sale to be given to the Mortgagor (and on such other notice published or otherwise given as provided by law), or as may be required by law; (ii) institute (or instruct the Jurisdictional Trustee to institute) proceedings for the complete or partial foreclosure against all of this Mortgage under the provisions of the laws of the jurisdiction or jurisdictions in which the Trust Estate or any part thereof is located, or under any other applicable provision of law; or (iii) take all steps to protect and enforce the rights of the PropertyBeneficiary, whether by action, suit or proceeding in equity or at law (for the specific performance of any covenant, condition or agreement contained in this Mortgage, or take such other action at lawin aid of the execution of any power herein granted, equity or by contract for any foreclosure hereunder, or for the enforcement of this Deed of Trust and realization on the security herein or elsewhere provided forany other appropriate legal or equitable remedy), or otherwise, as the law may allowBeneficiary, being advised by counsel and may proceed therein its financial advisor, shall deem most advisable to final judgment protect and execution for the entire unpaid balance enforce any of the Liabilities. The unpaid balance of any judgment shall bear interest at the greater of (a) the statutory rate provided for judgments, their rights or (b) the rate borne by the Securities. Without limiting the foregoing, Beneficiary may cause the foreclosure of this Deed of Trust and exercise its rights as a secured party for all or any portion of the Liabilities which are then due and payable, subject to the continuing lien of this Deed of Trust for the balance not then due and payable. In case of any sale of the Property by judicial proceedings, the Property may be sold in one parcel or in such parcels, manner or order as Beneficiary in its sole discretion may elect. Grantor, for itself and anyone claiming by, through or under it, hereby agrees that Beneficiary shall in no manner, in law or in equity, be limited, except as herein provided, in the exercise of its rights in the Property or in any other security hereunder or otherwise appertaining to the Liabilities or any other obligation secured by this Deed of Trust, whether by any statute, rule or precedent which may otherwise require said security to be marshalled in any manner and Grantor, for itself and others as aforesaid, hereby expressly waives and releases any right to or benefit thereof. The failure to make any tenant a defendant to a foreclosure proceeding shall not be asserted by Grantor as a defense in any proceeding instituted by Beneficiary to collect the Liabilities or any deficiency remaining unpaid after the foreclosure sale of the Propertyduties hereunder.

Foreclosure. Beneficiary may institute any one or more actions of foreclosure against all or any part of the Property, or take such other action at law, equity or by contract for the enforcement of this Deed of Trust and realization on the security herein or elsewhere provided for, as the law may allow, and may proceed therein to final judgment and execution for the entire unpaid balance of the Liabilities. The unpaid balance of any judgment shall bear interest at the greater of (a) When an Event of Default shall have occurred and is continuing or the statutory rate provided for judgmentsObligations shall become due, whether at maturity, by acceleration or (b) otherwise, Mortgagee shall have the rate borne by right to foreclose the Securities. Without limiting the foregoing, Beneficiary may cause the foreclosure of this Deed of Trust and exercise its rights as a secured party for all or any portion consolidated lien of the Liabilities which are then due Existing Mortgages, as amended and payable, subject restated by this Mortgage in accordance with the laws of the State of New York. In any suit to foreclose the continuing consolidated lien of the Existing Mortgages, as amended and restated by this Deed Mortgage, there shall be allowed and included as additional Obligations in the decree of Trust sale, all expenditures and expenses which may be paid or incurred by or on behalf of Mortgagee for the balance not then due attorneys' fees, appraisers' fees, outlays for documentary and payable. In case of any sale expert evidence, stenographer's charges, publication costs, and costs (which may be estimated as to items to be expended after entry of the Property by judicial proceedingsdecree) of procuring all abstracts of title, title searches and examinations, title insurance policies, environmental review or testing of the Property Premises, and similar data and assurances with respect to title and the Premises' condition as Mortgagee may be sold in one parcel or in such parcels, manner or order as Beneficiary in its sole discretion deem necessary either to prosecute such suit or to evidence to bidders at sales which may electbe had pursuant to such decree the true conditions of the title to or the value or condition of the Premises and the right to such fees and expenses shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. Grantor, for itself All expenditures and anyone claiming by, through or under it, hereby agrees that Beneficiary expenses of the nature mentioned in this Section 20(a) shall in no manner, in law or in equity, be limited, except as herein provided, included in the exercise of its rights in Obligations and shall be immediately due and payable by Mortgagor, with interest thereon at the Property or in any other security hereunder or otherwise appertaining to the Liabilities or any other obligation secured by this Deed of Trust, whether by any statute, rule or precedent which may otherwise require said security to be marshalled in any manner and Grantor, for itself and others as aforesaid, hereby expressly waives and releases any right to or benefit thereof. The failure to make any tenant a defendant to a foreclosure proceeding shall not be asserted by Grantor as a defense in any proceeding instituted by Beneficiary to collect the Liabilities or any deficiency remaining unpaid after the foreclosure sale of the PropertyDefault Rate until paid.

Foreclosure. Beneficiary Mortgagee may institute any one or more actions of mortgage foreclosure against all or any part of the Property, or take such other action at law, equity or by contract for the enforcement of this Deed of Trust Mortgage and realization on the security herein or elsewhere provided for, as the law may allow, and may proceed therein to final judgment and execution for the entire unpaid balance of the Liabilities. The unpaid balance of any judgment shall bear interest at the greater of (a) the statutory rate provided for judgments, or (b) the rate borne by the SecuritiesDefault Rate. Without limiting the foregoing, Beneficiary Mortgagee may cause the foreclosure of foreclose this Deed of Trust Mortgage and exercise its rights as a secured party for all or any portion of the Liabilities which are then due and payable, subject to the continuing lien of this Deed of Trust Mortgage for the balance not then due and payable. In case of any sale of the Property by judicial proceedings, the Property may be sold in one parcel or in such parcels, manner or order as Beneficiary Mortgagee in its sole discretion may elect. GrantorMortgagor, for itself and anyone claiming by, through or under it, hereby agrees that Beneficiary Mortgagee shall in no manner, in law or in equity, be limited, except as herein provided, in the exercise of its rights in the Property or in any other security hereunder or otherwise appertaining to the Liabilities or any other obligation secured by this Deed of TrustMortgage, whether by any statute, rule or precedent which may otherwise require said security to be marshalled marshaled in any manner and GrantorMortgagor, for itself and others as aforesaid, hereby expressly waives and releases any right to or benefit thereof. The failure to make any tenant a defendant to a foreclosure proceeding shall not be asserted by Grantor Mortgagor as a defense in any proceeding instituted by Beneficiary Mortgagee to collect the Liabilities or any deficiency remaining unpaid after the foreclosure sale of the Property.

Foreclosure. Beneficiary Lender may institute any one or more actions of mortgage foreclosure against all or any part of the Property, or take such other action at law, equity or by contract for the enforcement of this Deed of Trust Mortgage and realization on the Property security herein or elsewhere provided forfor the Liabilities, as or any part thereof, to the fullest extents that applicable law may allow, and may proceed therein to final judgment and execution for the entire unpaid balance of the Liabilities. The unpaid balance of any judgment shall bear interest at the greater of (a) the statutory rate provided for judgments, or (b) the highest rate borne by the Securitiespermitted under Florida law. Without limiting the foregoing, Beneficiary Lender may cause the foreclosure of foreclose this Deed of Trust Mortgage and exercise its rights as a secured party for all or any portion of the Liabilities which are then due and payable, subject to the continuing lien of this Deed of Trust Mortgage for the balance not then due and payable. In case of any sale sale(s) of any of the Property by judicial proceedings, the Property may be sold in one parcel lot parcel, or in such as many lots, parcels, manner or order order, as Beneficiary Lender in its sole discretion may elect. GrantorBorrower, for itself and anyone claiming by, through or under it, hereby agrees agrees, to the fullest extent not expressly precluded by applicable law. that Beneficiary Lender shall in no manner, whether in law or in equity, be limited, limited except as herein provided, provided in the exercise of its rights as a secured party in the Property Property, or in any other security hereunder or otherwise appertaining pertaining to the Liabilities or any other obligation secured by this Deed of TrustMortgage, whether by any statute, rule or precedent which may otherwise require said security to be marshalled in any manner and GrantorBorrower, for itself and others as aforesaid, hereby expressly waives and releases any right to or benefit thereof. The failure to make any tenant or any other third party a defendant to a foreclosure proceeding shall not be asserted by Grantor Borrower as a defense in any proceeding instituted by Beneficiary Lender to collect the Liabilities or any deficiency remaining unpaid after the foreclosure sale of the Propertythereafter.

Foreclosure. Beneficiary Mortgagee may institute any one or more actions of mortgage foreclosure against all or any part of the PropertyMortgaged Premises, or take such other action at law, law or in equity or by contract for the enforcement of this Deed of Trust Mortgage and realization on the security herein or elsewhere provided for, as the law may allow, and may proceed therein to final judgment and execution for the entire unpaid balance of the Liabilities. The unpaid balance Obligations, together with all future advances and any other sums due by Mortgagor in accordance with the provisions of any judgment shall bear this Mortgage, together with interest from the date of default at the greater Default Rate set forth in the Term Note or the Revolving Note (whichever is higher), all costs of (a) the statutory rate provided for judgments, or (b) the rate borne by the Securities. Without limiting the foregoing, Beneficiary may cause the foreclosure of this Deed of Trust suit and exercise its rights as a secured party for all or any portion of the Liabilities which are then due and payable, subject to the continuing lien of this Deed of Trust for the balance not then due and payableattorneys’ fees. In case of any sale of the Property Mortgaged Premises by judicial proceedings, the Property Mortgaged Premises may be sold in one parcel or in such parcels, manner or order as Beneficiary Mortgagee in its sole discretion may elect. GrantorMortgagor, for itself and anyone claiming by, through or under it, hereby agrees that Beneficiary Mortgagee shall in no manner, in law or in equity, be limited, except as herein provided, in the exercise of its rights in the Property Mortgaged Premises or in any other security hereunder or otherwise appertaining to the Liabilities Obligations or any other obligation secured by this Deed of TrustMortgage, whether by any statute, rule or precedent which may otherwise require said security to be marshalled marshaled in any manner and GrantorMortgagor, for itself and others as aforesaid, hereby expressly waives and releases any right to or benefit thereof. The failure to make any tenant a defendant to a foreclosure proceeding shall not be asserted by Grantor Mortgagor as a defense in any proceeding instituted by Beneficiary Mortgagee to collect the Liabilities Obligations or any deficiency remaining unpaid after the foreclosure sale of the PropertyMortgaged Premises.

Foreclosure. Upon the occurrence of an Event of Default, the entire unpaid Indebtedness shall, at the option of Beneficiary, become immediately due and payable for all purposes without any notice or demand, except as required by law (ALL OTHER NOTICE OF THE EXERCISE OF SUCH OPTION, OR OF THE INTENT TO EXERCISE SUCH OPTION, BEING HEREBY EXPRESSLY WAIVED), and Beneficiary may, in addition to exercising any rights it may have with respect to the Personal Property under the Uniform Commercial Code of the jurisdiction in which the Property is located, institute proceedings in any court of competent jurisdiction to foreclose this instrument as a mortgage, or to enforce any of the covenants hereof, or Trustee or Beneficiary may, to the extent permitted by applicable law, either personally or by agent or attorney in fact, enter upon and take possession of the Property and may manage, rent or lease the Property or any portion thereof upon such terms as Beneficiary may institute deem expedient, and collect, receive and receipt for all rentals and other income therefrom and apply the sums so received as hereinafter provided in case of sale. Trustee is hereby further authorized and empowered, either after or without such entry, to sell and dispose of the Property en masse or in separate parcels (as Trustee may think best), and all the right, title and interest of Grantor therein, by advertisement or in any one manner provided by applicable law, (GRANTOR HEREBY EXPRESSLY WAIVES ANY RIGHT TO A HEARING PRIOR TO SUCH SALE), and to issue, execute and deliver a deed of conveyance, all as then may be provided by applicable law; and Trustee, to the extent permitted by applicable law, shall, out of the proceeds or more actions avails of foreclosure such sale, after first paying and retaining all reasonable fees, charges, costs of advertising the Property and of making said sale, and attorneys’ fees as herein provided, pay to Beneficiary or the legal holder of the Indebtedness the amount thereof, including all sums advanced or expended by Beneficiary or the legal holder of the Indebtedness, with interest from date of advance or expenditure at the Default Rate (as defined in the Note), rendering the excess, if any, as provided by law; such sale or sales and said deed or deeds so made shall be a perpetual bar, both in law and equity, against Grantor, the heirs, successors and assigns of Grantor, and all other persons claiming the Property aforesaid, or any part of the Propertythereof, or take such other action at lawby, equity or by contract for the enforcement of this Deed of Trust and realization on the security herein or elsewhere provided for, as the law may allow, and may proceed therein to final judgment and execution for the entire unpaid balance of the Liabilities. The unpaid balance of any judgment shall bear interest at the greater of (a) the statutory rate provided for judgments, or (b) the rate borne by the Securities. Without limiting the foregoing, Beneficiary may cause the foreclosure of this Deed of Trust and exercise its rights as a secured party for all or any portion of the Liabilities which are then due and payable, subject to the continuing lien of this Deed of Trust for the balance not then due and payable. In case of any sale of the Property by judicial proceedings, the Property may be sold in one parcel or in such parcels, manner or order as Beneficiary in its sole discretion may elect. Grantor, for itself and anyone claiming byfrom, through or under it, hereby agrees that Beneficiary shall in no manner, in law or in equity, be limited, except as herein provided, in Grantor. The legal holder of the exercise of its rights in Indebtedness may purchase the Property or in any other security hereunder or otherwise appertaining to the Liabilities or any other obligation secured by this Deed of Trustpart thereof, whether by any statute, rule or precedent which may otherwise require said security to be marshalled in any manner and Grantor, for itself and others as aforesaid, hereby expressly waives and releases any right to or benefit thereof. The failure to make any tenant a defendant to a foreclosure proceeding it shall not be asserted by Grantor as a defense in obligatory upon any proceeding instituted by Beneficiary purchaser at any such sale to collect see to the Liabilities or any deficiency remaining unpaid after the foreclosure sale application of the Propertypurchase money.

Foreclosure. Beneficiary may institute any one or more actions request Trustee to proceed with foreclosure, and in such event Trustee is hereby authorized and empowered, and it shall be his duty, upon such request of foreclosure against Beneficiary, and to the extent permitted by applicable Law, to sell all or any part of the Mortgaged Property at one or more sales, as an entirety or in parcels, at such place or places and otherwise in such manner and upon such notice as may be required by applicable Law, or in the absence of any such requirement, as Trustee and/or Beneficiary may deem appropriate, and to make conveyance to the purchaser or purchasers thereof. Any sale of any part of the Mortgaged Property shall be made to the highest bidder or bidders for cash, at the courthouse door of, or at such other place as may be required or permitted by applicable Law in, the county (or judicial district) wherein the Land included within the Mortgaged Property to be sold is situated; provided that if the Land is situated in more than one county (or judicial district), such sale of the Mortgaged Property, or take any part thereof, may be made in any county (or judicial district) wherein any part of the Land included within the Mortgaged Property to be sold is situated. Any such sale shall be made at public outcry, on the day of any month, during the hours of such day and after written notices thereof have been publicly posted in such places and for such time periods and after all Persons entitled to notice thereof have been sent such notice, all as required by applicable Law in effect at the time of such sale; and nothing herein shall be deemed to require Beneficiary or Trustee to do, and Beneficiary and Trustee shall not be required to do, any act other action than as required by applicable Law in effect at lawthe time of such sale. Any such sale may be as a whole or in such parcels as Trustee may select. After such sale, equity Trustee shall make to the purchaser or purchasers thereunder good and sufficient deeds and assignments, in the name of Grantor, conveying the Mortgaged Property, or part thereof, so sold to the purchaser or purchasers with general warranty of title (subject to Permitted Liens) by contract for Grantor. Sale of a part of the enforcement Mortgaged Property shall not exhaust the power of sale, but sales may be made from time to time until the Obligation is paid and performed in full. It shall not be necessary to have present or to exhibit at any such sale any of the Collateral. In addition to the Rights and powers of sale granted under the preceding provisions of this Deed Subsection 3.2(c), if default is made in the payment of Trust any installment of the Obligation, Beneficiary, at its option, at once or at any time thereafter while any matured installment remains unpaid, without declaring the entire Obligation to be due and realization payable may orally or in writing direct Trustee to enforce this trust and to sell the Mortgaged Property subject to such unmatured Obligation and the Liens securing its payment, in the same manner, on the security herein or elsewhere provided forsame terms, as at the law may allowsame place and time, and after having given notice in the same manner, all as provided in the preceding provisions of this Subsection 3.2(c). After such sale, Trustee shall make due conveyance to the purchaser or purchasers. Sales made without maturing the Obligation may proceed therein to final judgment be made hereunder whenever there is a default in the payment of any installment of the Obligation without exhausting the power of sale granted hereby, and execution for without affecting in any way the entire unpaid power of sale granted under this Subsection 3.2(c) on the unmatured balance of the Liabilities. The unpaid balance Obligation (except as to any proceeds of any judgment shall bear interest at sale which Beneficiary may apply as a prepayment on the greater Obligation) or the Liens securing payment of (athe Obligation. It is intended by each of the foregoing provisions of this Subsection 3.2(c) that Trustee may, after any request or direction by Beneficiary, sell, not only the statutory rate provided for judgmentsSubject Interests included within, but also, all other items constituting a part of, the Mortgaged Property, or (b) any part thereof, along with the rate borne Land, or any part thereof, included within the Mortgaged Property all as a unit and as a part of a single sale, or may sell any part of the Mortgaged Property separately from the remainder of the Mortgaged Property. It is agreed that, in any deed or assignment given by Trustee, any and all statements of fact or other recitals therein made as to the Securities. Without limiting identity of Beneficiary, or as to the occurrence or existence of any Default, or as to the acceleration of the maturity of the Obligation, or as to the request to sell, notice of sale, time, place, terms and manner of sale, and the receipt, distribution and application of the money realized therefrom, or as to the due and proper appointment of a substitute trustee, and, without being limited by the foregoing, as to any other act or thing having been duly done by Beneficiary or by Trustee, shall be taken by all courts of law and equity as prima facie evidence that the said statements or recitals state facts and are without further question to be so accepted, and Grantor does hereby ratify and confirm any and all acts that Trustee may lawfully do in the premises by virtue hereof. In the event of the resignation (such resignation being hereby authorized for any reason) or death of Trustee, or his removal from his county of residence stated on the first page hereof, or his failure, refusal or inability, for any reason, to make any such sale or to perform any of the trusts herein declared, or, at the option of Beneficiary, without cause, Beneficiary may cause appoint, in writing, a substitute trustee, who shall thereupon succeed to all the foreclosure estates, titles, rights, powers and trusts herein granted to and vested in Trustee. Such appointment may be made on behalf of this Deed of Trust and exercise its rights as a secured party for all Beneficiary by any person who is then the president, or any portion of vice president, or the Liabilities which are then due and payablecashier or secretary, subject to the continuing lien of this Deed of Trust for the balance not then due and payable. In case of any sale of the Property by judicial proceedingsor branch manager, the Property may be sold in one parcel or in such parcelsa senior representative, manner or order as Beneficiary in its sole discretion may elect. Grantor, for itself and anyone claiming by, through or under it, hereby agrees that Beneficiary shall in no manner, in law or in equity, be limited, except as herein provided, in the exercise of its rights in the Property or in any other security hereunder or otherwise appertaining to the Liabilities or any other obligation secured authorized officer or agent of Beneficiary. In the event of the resignation (such resignation being hereby authorized for any reason) or death of any such substitute trustee, or his failure, refusal or inability to make such sale or perform such trusts, or, at the option of Beneficiary, without cause, successive substitute trustees may thereafter, from time to time, be appointed by Beneficiary in the same manner. Trustee may appoint, in writing, any one or more Persons as Trustee’s agent and attorney-in-fact to act as Trustee under him and in his name, place and stead, xx xerform any one or more acts necessary or incident to any sale under the power of sale granted under the preceding provisions of this Deed Subsection 3.2(c), including, without limitation, the posting and filing of Trustany notices, whether the conduct of such sale and the execution and delivery of any instruments conveying the Mortgaged Property so sold, but in the name and on behalf of Trustee. All acts done or performed by any statutesuch agent and attorney-in-fact shall be valid, rule lawful and binding as if done or precedent which may otherwise require said security to be marshalled performed by Trustee. Wherever herein the word ATrustee@ is used, the same shall mean the person who is the duly appointed trustee or substitute trustee hereunder at the time in any manner and Grantor, for itself and others as aforesaid, hereby expressly waives and releases any right to or benefit thereof. The failure to make any tenant a defendant to a foreclosure proceeding shall not be asserted by Grantor as a defense in any proceeding instituted by Beneficiary to collect the Liabilities or any deficiency remaining unpaid after the foreclosure sale of the Propertyquestion.

Foreclosure. Beneficiary may institute any one or more actions request Trustee to proceed with foreclosure, and in such event Trustee is hereby authorized and empowered, and it shall be his duty, upon such request of foreclosure against Beneficiary, and to the extent permitted by applicable Law, to sell all or any part of the Mortgaged Property at one or more sales, as an entirety or in parcels, a such place or places and otherwise in such manner and upon such notice as may be required by applicable Law, or it the absence of any such requirement, as Trustee and/or Beneficiary may deem appropriate, and to make conveyance to the purchaser or purchasers thereof. Any sale of any part of the Mortgaged Property shall be made to the highest bidder or bidders for cash, at the courthouse door of, or at such other place as may be required or permitted by applicable Law in, the county (or judicial district) wherein the Land included within the Mortgaged Property to be sold is situated; provided that if the Land is situated in more than one county (or judicial district), such sale of the Mortgaged Property, or take any part thereof, may be made in any county (or judicial district) wherein any part of the Land included within the Mortgaged Property to be sold is situated. Any such sale shall be made at public outcry, en the day of any month, during the hours of such day and after written notices thereof have been publicly posted in such places and for such time periods and after all Persons entitled to notice thereof have been sent such notice, all as required by applicable Law in effect at the time of such sale; and nothing herein shall be deemed to require Beneficiary or Trustee to do, and Beneficiary and Trustee shall not be required to do, any act other action than as required by applicable Law in effect at lawthe time of such sale. Any such sale may be as a whole or in such parcels as Trustee may select. After such sale, equity Trustee shall make to the purchaser or purchasers thereunder good and sufficient deeds and assignments, in the name of Grantor, conveying the Mortgaged Property, or part thereof, so sold to the purchaser or purchasers with general warranty of title (subject to Permitted Liens) by contract for Grantor. Sale of a part of the enforcement Mortgaged Property shall not exhaust the power of sale, but sales may be made from time to time until the Obligation is paid and performed in full. It shall not be necessary to have present or to exhibit at any such sale any of the Collateral. In addition to the Rights and powers of sale granted under the preceding provisions of this Deed Subsection 3.2(:), if default is made in the payment of Trust any installment of the Obligation, Beneficiary, at its option, at once or at any time thereafter while any matured installment remains unpaid, without declaring the entire Obligation to be due and realization payable may orally or in writing direct Trustee to enforce this trust and to sell the Mortgaged Property subject to such unmatured Obligation and the Liens securing its payment, in the same manner, on the security herein or elsewhere provided forsame terms, as the law may allowat tie same place and time, and after having given notice in the same manner, all as provided in the preceding provisions of this Subsection 3.2(c). After such sale, Trustee shall make due conveyance to the purchaser or purchasers. Sales made without maturing the Obligation may proceed therein to final judgment be made hereunder whenever there is a default in the payment of any installment of the Obligation without exhausting the power of sale granted hereby, and execution for without affecting in any way the entire unpaid power of sale granted under this Subsection 3.2(c) on the unmatured balance of the Liabilities. The unpaid balance Obligation (except as to any proceeds of any judgment shall bear interest at sale which Beneficiary may apply as a prepayment on the greater Obligation) or the Liens securing payment of (athe Obligation. It is intended by each of the foregoing provisions of this Subsection 3.2(c) that Trustee may, after any request or direction by Beneficiary, sell, not only the statutory rate provided for judgmentsSubject Interests included within, but alto, all other items constituting a part of, the Mortgaged Property, or (b) any part thereof, along with the rate borne Land, or any an thereof, included within the Mortgaged Property all as a unit and as a part of a single sale, or may sell any part of the Mortgaged Property separately from the remainder of the Mortgaged Property. It is agreed that, in any deed or assignment given by Trustee, any and all statements of fact or other recitals therein made as to the Securities. Without limiting identity of Beneficiary, or as to the occurrence or existence of any Default, or as to the acceleration of the maturity of the Obligation, or as to the request to sell, notice of sale, time, place, terms and manner of sale, and the receipt, distribution aril application of the money realized therefrom, or as to the due and proper appointment of a substitute trustee, and, without being limited by the foregoing, as to any other act or thing having been duly done by Beneficiary or by Trustee, shall be taken by all courts of law and equity as prima facie evidence that the said statements or recitals sate facts and are without further question to be so accepted, and Grantor does hereby ratify and confirm any and ill acts that Trustee may lawfully do in the premises by virtue hereof. In the event of the resignation (such resignation being hereby authorized for any reason) or death of Trustee, or his removal from his county of residence stated on the first page hereof; or his failure, refusal or friability, for arty reason, to make any such sale or to perform any of the trusts herein declared, or, at the option of Beneficiary, without cause, Beneficiary may cause appoint, in writhes, a substitute trustee, who shall thereupon succeed to all the foreclosure estates, titles, rights, powers and trusts herein granted tee and vested in Trustee. Such appointment may be made on behalf of this Deed of Trust and exercise its rights as a secured party for all Beneficiary by any person who is then the president, or any portion of vice president, or the Liabilities which are then due and payablecashier or secretary, subject to the continuing lien of this Deed of Trust for the balance not then due and payable. In case of any sale of the Property by judicial proceedingsor branch manager, the Property may be sold in one parcel or in such parcelsa senior representative, manner or order as Beneficiary in its sole discretion may elect. Grantor, for itself and anyone claiming by, through or under it, hereby agrees that Beneficiary shall in no manner, in law or in equity, be limited, except as herein provided, in the exercise of its rights in the Property or in any other security hereunder or otherwise appertaining to the Liabilities or any other obligation secured authorized officer or agent of Beneficiary. In the event of the resignation (such resignation being hereby authorized for any reason) or death of any such substitute trustee, or his failure, refusal or inability to make such sale or perform such trusts, or, at the option of Beneficiary, without cause, successive substitute trustees may thereafter, from time to time, be appointed by Beneficiary in the same manner. Trustee may appoint, in writing, any one or more Persons as Trustees agent and attorney-in-fact to act as Trustee under him and in his name, place fold stead, xx perform any one or more acts necessary or incident to any sale under the power of sale granted under the preceding provisions of this Deed Subsection 3.2(c), including, without limitation, the posting and filing of Trustany notices, whether the conduct of such sale and the execution and delivery of any instruments conveying the Mortgaged Property is sold, but in the name and on behalf of Trustee. All acts done or performed by any statutesuch agent and attorney-in-fact shall be valid, rule lawful and binding as if done or precedent which may otherwise require said security to be marshalled performed by Trustee. Wherever herein the word “Trustee” is used, the same shall mean the person who is the duly appointed trustee or substitute trustee hereunder at the time in any manner and Grantor, for itself and others as aforesaid, hereby expressly waives and releases any right to or benefit thereof. The failure to make any tenant a defendant to a foreclosure proceeding shall not be asserted by Grantor as a defense in any proceeding instituted by Beneficiary to collect the Liabilities or any deficiency remaining unpaid after the foreclosure sale of the Propertyquestion.

Foreclosure. Beneficiary Mortgagee may institute any one or more actions of mortgage foreclosure against all or any part of the PropertyMortgaged Premises, or take such other action at law, law or in equity or by contract for the enforcement of this Deed of Trust Mortgage and realization on the security herein or elsewhere provided for, as the law may allow, and may proceed therein to final judgment and execution for the entire unpaid balance of the Liabilities. The unpaid balance , together with all future advances and any other sums due by Mortgagor in accordance with the provisions of any judgment shall bear this Mortgage, together with interest from the date of default at the greater rate then in effect under the Reimbursement Agreement plus three percent (3%) per annum, all costs of (a) the statutory rate provided for judgments, or (b) the rate borne by the Securities. Without limiting the foregoing, Beneficiary may cause the foreclosure of this Deed of Trust suit and exercise its rights as a secured party for all or any portion of the Liabilities which are then due and payable, subject to the continuing lien of this Deed of Trust for the balance not then due and payableattorneys' fees. In case of any sale of the Property Mortgaged Premises by judicial proceedings, the Property Mortgaged Premises may be sold in one parcel or in such parcels, manner or order as Beneficiary Mortgagee in its sole discretion may elect. GrantorMortgagor, for itself and anyone claiming by, through or under it, hereby agrees that Beneficiary Mortgagee shall in no manner, in law or in equity, be limited, except as herein provided, in the exercise of its rights in the Property Mortgaged Premises or in any other security hereunder or otherwise appertaining to the Liabilities or any other obligation secured by this Deed of TrustMortgage, whether by any statute, rule or precedent which may otherwise require said security to be marshalled in any manner and GrantorMortgagor, for itself and others as aforesaid, hereby expressly waives and releases any right to or benefit thereof. The failure to make any tenant a defendant to a foreclosure proceeding shall not be asserted by Grantor Mortgagor as a defense in any proceeding instituted by Beneficiary Mortgagee to collect the Liabilities or any deficiency remaining unpaid after the foreclosure sale of the PropertyMortgaged Premises.

Foreclosure. Beneficiary Secured Party may institute sell, lease, license or otherwise dispose of or Transfer any or all of the Collateral or any part thereof in one or more actions of foreclosure against all parcels at public sale or in private sale or transaction, on any part of the Propertyexchange or market or at Secured Party's offices or on any Grantor's premises or at any other location, for cash, on credit or take such other action at law, equity or by contract for the enforcement of this Deed of Trust and realization on the security herein or elsewhere provided for, as the law may allowfuture delivery, and may proceed therein to final judgment and execution for the entire unpaid balance enter into all contracts necessary or appropriate in connection therewith, without any notice whatsoever unless required by law. Where permitted by law, one or more of the Liabilities. The unpaid balance Beneficiaries may be the purchasers at any such sale and in such event, if such bid is made by all of the Lenders or by all of the Holders of Secured Obligations or otherwise whenever a credit bid is expressly permitted under the Term Loan Agreement or approved in writing by the Agent and the Majority Lenders, the Beneficiaries bidding at such sale may bid part or all of the Obligations owing to them without necessity of any judgment shall bear interest cash payment on account of the purchase price, even though any other purchaser at such sale is required to bid a purchase price payable in cash. Each Grantor agrees that at least 10 calendar days' written notice to such Grantor of the greater time and place of any public sale of Collateral owned by it (a) or, to the statutory rate provided for judgmentsextent such Grantor is entitled by law to notice thereof, the public sale of any other Collateral), or the time after which any private sale of Collateral owned by it (b) the rate borne by the Securities. Without limiting the foregoingor, Beneficiary may cause the foreclosure of this Deed of Trust and exercise its rights as a secured party for all or any portion of the Liabilities which are then due and payable, subject to the continuing lien extent such Grantor is entitled by law to notice thereof, the private sale of this Deed any other Collateral) is to be made, shall be commercially reasonable. For purposes of Trust for such notice, to the balance not then due and payable. In case fullest extent permitted by law (i) each Grantor waives notice of any sale of Collateral owned by any other Grantor and (ii) each Grantor agrees that notice given to the Property by judicial proceedingsBorrower shall constitute notice given to such Grantor. The giving of notice of any such sale or other disposition shall not obligate Secured Party to proceed with the sale or disposition, the Property and any such sale or disposition may be sold in one parcel postponed or in such parcelsadjourned from time to time, manner or order as Beneficiary in its sole discretion may elect. Grantor, for itself and anyone claiming by, through or under it, hereby agrees that Beneficiary shall in no manner, in law or in equity, be limited, except as herein provided, in the exercise of its rights in the Property or in any other security hereunder or otherwise appertaining to the Liabilities or any other obligation secured by this Deed of Trust, whether by any statute, rule or precedent which may otherwise require said security to be marshalled in any manner and Grantor, for itself and others as aforesaid, hereby expressly waives and releases any right to or benefit thereof. The failure to make any tenant a defendant to a foreclosure proceeding shall not be asserted by Grantor as a defense in any proceeding instituted by Beneficiary to collect the Liabilities or any deficiency remaining unpaid after the foreclosure sale of the Propertywithout further notice.

Foreclosure. Beneficiary If an Event of Default shall have occurred and be continuing, Collateral Agent may institute any one or more actions of foreclosure against all or any part of the Property, or take such other action at law, equity or by contract proceedings for the enforcement of this Deed of Trust and realization on the security herein or elsewhere provided for, as the law may allow, and may proceed therein to final judgment and execution for the entire unpaid balance of the Liabilities. The unpaid balance of any judgment shall bear interest at the greater of (a) the statutory rate provided for judgments, or (b) the rate borne by the Securities. Without limiting the foregoing, Beneficiary may cause the complete foreclosure of this Deed of Trust and exercise its rights as a secured party for all or any portion of the Liabilities Mortgage, in which are then due and payable, subject to the continuing lien of this Deed of Trust for the balance not then due and payable. In case of any sale of the Property by judicial proceedings, the Property may be sold for cash or credit in one parcel or more parcels. With respect to any notices required or permitted under the UCC, Mortgagor agrees that five (5) days' prior written notice shall be deemed commercially reasonable. At any such sale by virtue of any judicial proceedings or any other legal right, remedy or recourse, the title to and right of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by law, Mortgagor shall be completely and irrevocably divested of all of its right, title, interest, claim and demand whatsoever, either at law or in equity, in and to the property sold and such parcelssale shall be a perpetual bar both at law and in equity against Mortgagor, manner and against all other persons claiming or order as Beneficiary in its sole discretion may elect. Grantorto claim the property sold or any part thereof, for itself and anyone claiming by, through or under itMortgagor. Mortgagee may be a purchaser at such sale and if Mortgagee is the highest bidder, may credit the portion of the purchase price that would be distributed to Mortgagee against the Obligations secured hereby agrees that Beneficiary in lieu of paying cash. Out of the proceeds of said sale, Collateral Agent shall in no mannerpay: all costs, in law or in equitycharges, be limitedexpenses, except as herein providedcommissions, in the exercise unpaid taxes, and fees of its rights in advertising, selling and conveying the Property and such other assessments, insurance or in any other security hereunder fees or otherwise appertaining costs as may have been incurred; a sum sufficient to pay the Liabilities entire balance owing on the Obligations secured hereby; and the surplus, if any, to Mortgagor or any other obligation secured by this Deed of Trust, whether by any statute, rule or precedent which may otherwise require said security to be marshalled in any manner and Grantor, for itself and others as aforesaid, hereby expressly waives and releases any right to or benefit thereof. The failure to make any tenant a defendant to a foreclosure proceeding shall not be asserted by Grantor as a defense in any proceeding instituted by Beneficiary to collect the Liabilities or any deficiency remaining unpaid after the foreclosure sale of the Propertyperson entitled thereto.

Foreclosure. Upon the occurrence and during the continuance of an Event of Default, the entire unpaid Indebtedness shall, at the option of Beneficiary, become immediately due and payable for all purposes without any notice or demand, except as required by law (ALL OTHER NOTICE OF THE EXERCISE OF SUCH OPTION, OR OF THE INTENT TO EXERCISE SUCH OPTION, BEING HEREBY EXPRESSLY WAIVED), and Beneficiary may, in addition to exercising any rights it may have with respect to the Personal Property under the Uniform Commercial Code of the jurisdiction in which the Xxxxx Xxxxx Project is located, institute proceedings in any court of competent jurisdiction to foreclose this instrument as a mortgage, or to enforce any of the covenants hereof, or Trustee or Beneficiary may, to the extent permitted by applicable law, either personally or by agent or attorney in fact, enter upon and take possession of the Xxxxx Xxxxx Project and may manage, rent or lease the Xxxxx Xxxxx Project or any portion thereof upon such terms as Beneficiary may institute deem expedient, and collect, receive and receipt for all rentals and other income therefrom and apply the sums so received as hereinafter provided in case of sale. Trustee is hereby further authorized and empowered, either after or without such entry, to sell and dispose of the Xxxxx Xxxxx Project en masse or in separate parcels (as Trustee may think best), and all the right, title and interest of Grantor therein, by advertisement or in any one manner provided by applicable law, (GRANTOR HEREBY EXPRESSLY WAIVES ANY RIGHT TO A HEARING PRIOR TO SUCH SALE), and to issue, execute and deliver a deed of conveyance, all as then may be provided by applicable law; and Trustee, to the extent permitted by applicable law, shall, out of the proceeds or more actions avails of foreclosure such sale, after first paying and retaining all fees, charges, costs of advertising the Xxxxx Xxxxx Project and of making said sale, and attorneys' fees as herein provided, pay to Beneficiary or the legal holder of the Indebtedness the amount thereof, including all sums advanced or expended by Beneficiary or the legal holder of the Indebtedness, with interest from date of advance or expenditure at the Default Rate, rendering the excess, if any, as provided by the Master Loan Agreement; such sale or sales and said deed or deeds so made shall be a perpetual bar, both in law and equity, against Grantor, the heirs, successors and assigns of Grantor, and all other persons claiming the Xxxxx Xxxxx Project aforesaid, or any part thereof, by, from, through or under Grantor. The legal holder of the Indebtedness may purchase the Xxxxx Xxxxx Project or any part thereof, and it shall not be obligatory upon any purchaser at any such sale to see to the application of the purchase money. PROHIBITION ON TRANSFER. The present ownership and management of the Xxxxx Xxxxx Project is a material consideration to Beneficiary in making the loan secured by this instrument, and except as expressly permitted in the Master Loan Agreement, Grantor shall not (i) convey title to all or any part of the PropertyXxxxx Xxxxx Project, or take such other action at law, equity or by (ii) enter into any contract to convey (land contract/installment sales contract/contract for the enforcement of this Deed of Trust and realization on the security herein or elsewhere provided for, as the law may allow, and may proceed therein deed) title to final judgment and execution for the entire unpaid balance of the Liabilities. The unpaid balance of any judgment shall bear interest at the greater of (a) the statutory rate provided for judgments, or (b) the rate borne by the Securities. Without limiting the foregoing, Beneficiary may cause the foreclosure of this Deed of Trust and exercise its rights as a secured party for all or any portion part of the Liabilities Xxxxx Xxxxx Project which are then due and payablegives a purchaser possession of, subject or income from, the Xxxxx Xxxxx Project prior to the continuing lien a transfer of this Deed of Trust for the balance not then due and payable. In case of title to all or any sale part of the Property by judicial proceedings, the Property may be sold in one parcel Xxxxx Xxxxx Project or in such parcels, manner (iii) cause or order as Beneficiary in its sole discretion may elect. Grantor, for itself and anyone claiming by, through or under it, hereby agrees that Beneficiary shall in no manner, in law or in equity, be limited, except as herein provided, permit a Change in the exercise Proportionate Ownership of its rights Grantor (as defined in the Property or in any other security hereunder or otherwise appertaining to the Liabilities or any other obligation secured by this Deed of Trust, whether by any statute, rule or precedent which may otherwise require said security to be marshalled in any manner and Grantor, for itself and others as aforesaid, hereby expressly waives and releases any right to or benefit thereof. The failure to make any tenant a defendant to a foreclosure proceeding shall not be asserted by Grantor as a defense in any proceeding instituted by Beneficiary to collect the Liabilities or any deficiency remaining unpaid after the foreclosure sale of the PropertyMaster Loan Agreement).

Foreclosure. Beneficiary Mortgagee may institute any one or more actions of mortgage foreclosure against all or any part of the Property, or take such other action at law, equity or by contract for the enforcement of this Deed of Trust Mortgage and realization on the security herein or elsewhere provided for, as the law may allow, and may proceed therein to final judgment and execution for the entire unpaid balance of the Liabilities. The unpaid balance of any judgment shall bear interest at the greater of (a) the statutory rate provided for judgments, or (b) the rate borne by the SecuritiesDefault Rate. Without limiting the foregoing, Beneficiary Mortgagee may cause the foreclosure of foreclose this Deed of Trust Mortgage and exercise its rights as a secured party for all or any portion of the Liabilities which are then due and payable, subject to the continuing lien of this Deed of Trust Mortgage for the balance not then due and payable. In case of any sale of the Property by judicial proceedings, the Property may be sold in one parcel or in such parcels, manner or order as Beneficiary Mortgagee in its sole discretion may elect. GrantorMortgagor, for itself and anyone claiming by, through or under it, hereby agrees that Beneficiary Mortgagee shall in no manner, in law or in equity, be limited, except as herein provided, in the exercise of its rights in the Property or in any other security hereunder or otherwise appertaining to the Liabilities or any other obligation secured by this Deed of TrustMortgage, whether by any statute, rule or precedent which may otherwise require said security to be marshalled in any manner and Grantor, for itself and others as aforesaid, hereby expressly waives and releases any right to or benefit thereofmanner. The failure to make any tenant a defendant to a foreclosure proceeding shall not be asserted by Grantor Mortgagor as a defense in any proceeding instituted by Beneficiary Mortgagee to collect the Liabilities or any deficiency remaining unpaid after the foreclosure sale of the Property.

Foreclosure. Beneficiary Sell or offer for sale the Property in such portions, order and parcels as Lender may institute determine, with or without having first taken possession of same, to the highest bidder for cash at public auction. Such sale shall be made at a location designated for foreclosure sales in accordance with Chapter 244 of the Massachusetts General Laws and all other applicable laws. Lender shall have the STATUTORY POWER OF SALE and any one other right or more actions remedies provided by law. At any such sale (i) whether made under the power herein contained, the UCC, any other Legal Requirement or by virtue of foreclosure against all any judicial proceedings or any part of the Propertyother legal right, remedy or recourse, it shall not be necessary for Lender to have been physically present, or take such other action at lawto have constructive possession of, equity or by contract for the enforcement of this Deed of Trust and realization on the security herein or elsewhere provided for, as the law may allow, and may proceed therein Property (Borrower shall deliver to final judgment and execution for the entire unpaid balance of the Liabilities. The unpaid balance of any judgment shall bear interest at the greater of (a) the statutory rate provided for judgments, or (b) the rate borne by the Securities. Without limiting the foregoing, Beneficiary may cause the foreclosure of this Deed of Trust and exercise its rights as a secured party for all or Lender any portion of the Liabilities which are then due Property not actually or constructively possessed by Lender immediately upon demand by Lender), and payable, subject the title to and right of possession of any such property shall pass to the continuing lien purchaser thereof as completely as if it had been actually present and delivered to purchaser at such sale, (ii) each instrument of this Deed conveyance executed by Lender shall contain a general warranty of Trust for title, binding upon Borrower, (iii) each recital contained in any instrument of conveyance made by Lender shall conclusively establish the balance not then due truth and payable. In case accuracy of the matters recited therein, including, without limitation, nonpayment of the Indebtedness, advertisement and conduct of such sale in the manner provided herein and otherwise by law and appointment of any successor Lender hereunder, (iv) any prerequisites to the validity thereof shall be conclusively presumed to have been performed, (v) the receipt of Lender or of such other party or officer making the sale shall be a sufficient discharge to the purchaser or purchasers for his or their purchase money and no such purchaser or purchasers, or his or their assigns or personal representatives, shall thereafter be obligated to see to the application of such purchase money or be in any way answerable for any loss, misapplication or non-application thereof, (vi) to the Property fullest extent permitted by judicial proceedingslaw, the Property may Borrower shall be sold in one parcel completely and irrevocably divested of all of its right, title, interest, claim and demand whatsoever, either at law or in equity, in and to the property sold and such parcelssale shall be a perpetual bar both at law and in equity against Borrower, manner and against all other persons claiming or order as Beneficiary in its sole discretion may elect. Grantorto claim the property sold or any part thereof, for itself and anyone claiming by, through or under itBorrower, hereby agrees that Beneficiary shall in no manner, in law or in equity, be limited, except as herein provided, in the exercise of its rights in the Property or in any other security hereunder or otherwise appertaining and (vii) to the Liabilities or extent and under such circumstances as are permitted by law, Lender may be a purchaser at any other obligation secured by this Deed of Trust, whether by any statute, rule or precedent which may otherwise require said security to be marshalled in any manner and Grantor, for itself and others as aforesaid, hereby expressly waives and releases any right to or benefit thereof. The failure to make any tenant a defendant to a foreclosure proceeding shall not be asserted by Grantor as a defense in any proceeding instituted by Beneficiary to collect the Liabilities or any deficiency remaining unpaid after the foreclosure sale of the Propertysuch sale.

Foreclosure. Upon the occurrence and during the continuance of an Event of Default, the entire unpaid Indebtedness shall, at the option of Beneficiary, become immediately due and payable for all purposes without any notice or demand, except as required by law (ALL OTHER NOTICE OF THE EXERCISE OF SUCH OPTION, OR OF THE INTENT TO EXERCISE SUCH OPTION, BEING HEREBY EXPRESSLY WAIVED), and Beneficiary may, in addition to exercising any rights it may have with respect to the Personal Property under the Uniform Commercial Code of the jurisdiction in which the Xxxxx Xxxxx Project is located, institute proceedings in any court of competent jurisdiction to foreclose this instrument as a mortgage, or to enforce any of the covenants hereof, or Trustee or Beneficiary may, to the extent permitted by applicable law, either personally or by agent or attorney in fact, enter upon and take possession of the Xxxxx Xxxxx Project and may manage, rent or lease the Xxxxx Xxxxx Project or any portion thereof upon such terms as Beneficiary may institute deem expedient, and collect, receive and receipt for all rentals and other income therefrom and apply the sums so received as hereinafter provided in case of sale. Trustee is hereby further authorized and empowered, either after or without such entry, to sell and dispose of the Xxxxx Xxxxx Project en masse or in separate parcels (as Trustee may think best), and all the right, title and interest of Grantor therein, by advertisement or in any one manner provided by applicable law, (GRANTOR HEREBY EXPRESSLY WAIVES ANY RIGHT TO A HEARING PRIOR TO SUCH SALE), and to issue, execute and deliver a deed of conveyance, all as then may be provided by applicable law; and Trustee, to the extent permitted by applicable law, shall, out of the proceeds or more actions avails of foreclosure such sale, after first paying and retaining all fees, charges, costs of advertising the Xxxxx Xxxxx Project and of making said sale, and attorneys' fees as herein provided, pay to Beneficiary or the legal holder of the Indebtedness the amount thereof, including all sums advanced or expended by Beneficiary or the legal holder of the Indebtedness, with interest from date of advance or expenditure at the Default Rate, rendering the excess, if any, as provided by the Master Loan Agreement; such sale or sales and said deed or deeds so made shall be a perpetual bar, both in law and equity, against Grantor, the heirs, successors and assigns of Grantor, and all other persons claiming the Xxxxx Xxxxx Project aforesaid, or any part thereof, by, from, through or under Grantor. The legal holder of the Indebtedness may purchase the Xxxxx Xxxxx Project or any part thereof, and it shall not be obligatory upon any purchaser at any such sale to see to the application of the purchase money. PROHIBITION ON TRANSFER. The present ownership and management of the Xxxxx Xxxxx Project is a material consideration to Beneficiary in making the loan secured by this instrument, and except as expressly permitted in the Master Loan Agreement, Grantor shall not (i) convey title to all or any part of the PropertyXxxxx Xxxxx Project, or take such other action at law, equity or by (ii) enter into any contract to convey (land contract/installment sales contract/contract for the enforcement of this Deed of Trust and realization on the security herein or elsewhere provided for, as the law may allow, and may proceed therein deed) title to final judgment and execution for the entire unpaid balance of the Liabilities. The unpaid balance of any judgment shall bear interest at the greater of (a) the statutory rate provided for judgments, or (b) the rate borne by the Securities. Without limiting the foregoing, Beneficiary may cause the foreclosure of this Deed of Trust and exercise its rights as a secured party for all or any portion part of the Liabilities Xxxxx Xxxxx Project which are then due and payablegives a purchaser possession of, subject or income from, the Xxxxx Xxxxx Project prior to the continuing lien a transfer of this Deed of Trust for the balance not then due and payable. In case of title to all or any sale part of the Property by judicial proceedings, the Property may be sold in one parcel Monte Villa Project or in such parcels, manner (iii) cause or order as Beneficiary in its sole discretion may elect. Grantor, for itself and anyone claiming by, through or under it, hereby agrees that Beneficiary shall in no manner, in law or in equity, be limited, except as herein provided, permit a Change in the exercise Proportionate Ownership of its rights Grantor (as defined in the Property or in any other security hereunder or otherwise appertaining to the Liabilities or any other obligation secured by this Deed of Trust, whether by any statute, rule or precedent which may otherwise require said security to be marshalled in any manner and Grantor, for itself and others as aforesaid, hereby expressly waives and releases any right to or benefit thereof. The failure to make any tenant a defendant to a foreclosure proceeding shall not be asserted by Grantor as a defense in any proceeding instituted by Beneficiary to collect the Liabilities or any deficiency remaining unpaid after the foreclosure sale of the PropertyMaster Loan Agreement).