Common use of PROVISIONAL REMEDIES, SELF HELP AND FORECLOSURE Clause in Contracts

PROVISIONAL REMEDIES, SELF HELP AND FORECLOSURE. No provision of Section 11.1 shall limit the right of any party to exercise self help remedies, to foreclose against any real or personal property collateral, or to obtain any provisional or ancillary remedies (including but not limited to injunctive relief or the appointment of a receiver) from a court of competent jurisdiction. At Bank's option, it may enforce its right under a mortgage by judicial foreclosure, and under a deed of trust either by exercise of power of sale or by judicial foreclosure. The institution and maintenance of any remedy permitted above shall not constitute a waiver of the rights to submit any controversy or claim to arbitration. The statute of limitations, estoppel, waiver, laches, and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding. DATED as of the date first above stated. 8 LOS ABRIGADOS PARTNERS LIMITED PARTNERSHIP, an Arizona limited partnership By: ILE Sedona Incorporated, an Arizona corporation, General Partner By: -------------------------------- Nancy J. Sxxxx Vice President "BORROWER" BANK ONE, ARIZONA, NA, a national banking association By: -------------------------------- Donna Morrxx Assistant Vice President "BANK" 9 MODIFICATION OF GUARANTY AND ---------------------------- CONSENT AND AGREEMENT OF GUARANTORS ----------------------------------- With respect to the Fourth Modification Agreement, dated September 3, 1997 ("Agreement"), between LOS ABRIGADOS PARTNERS LIMITED PARTNERSHIP, an Arizona limited partnership ("Borrower") and BANK ONE, ARIZONA, NA, a national banking association ("Bank"), the undersigned (individually and, if more than one, collectively "Guarantor") agrees for the benefit of Bank as follows:

PROVISIONAL REMEDIES, SELF HELP AND FORECLOSURE. No provision of Section 11.1 shall limit the right of any party to exercise self help remedies, to foreclose against any real or personal property collateral, or to obtain any provisional or ancillary remedies (including but not limited to injunctive relief or the appointment of a receiver) from a court of competent jurisdiction. At Bank's option, it may enforce its right under a mortgage by judicial foreclosure, and under a deed of trust either by exercise of power of sale or by judicial foreclosure. The institution and maintenance of any remedy permitted above shall not constitute a waiver of the rights to submit any controversy or claim to arbitration. The statute of limitations, estoppel, waiver, laches, and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding. 7 DATED as of the date first above stated. 8 LOS ABRIGADOS PARTNERS LIMITED PARTNERSHIPEMPLOYEE SOLUTIONS, INC., an Arizona limited partnership corporation By: ILE Sedona Incorporated, an Arizona corporation, General Partner By/s/ M D Brody -------------------------------------- Name: -------------------------------- Nancy J. Sxxxx Vice President "BORROWER" Marvin D. Brody ------------------------------------ Title: Chief Executive Officer ----------------------------------- BANK ONE, ARIZONA, NA, a national banking association By: -------------------------------- Donna Morrxx Assistant /s/ Mary K. Martuscelli -------------------------------------- Name: MARY K. MARTUSCELLI ------------------------------------ Title: Vice President "BANK" 9 MODIFICATION OF GUARANTY AND ---------------------------- ----------------------------------- 8 CONSENT AND AGREEMENT OF GUARANTORS ----------------------------------- GUARANTOR(S) ------------------------------------- With respect to the Fourth Third Modification Agreement, Agreement dated September 3effectively June 30, 1997 ("Agreement"), between LOS ABRIGADOS PARTNERS LIMITED PARTNERSHIPEmployee Solutions, Inc., an Arizona limited partnership corporation ("Borrower") and BANK ONEBank One, ARIZONAArizona, NA, a national banking association ("Bank"), the undersigned (individually and, if more than one, collectively "Guarantor") agrees for the benefit of Bank as follows:

PROVISIONAL REMEDIES, SELF HELP AND FORECLOSURE. No provision of Section 11.1 shall limit the right of any party to exercise self help remedies, to foreclose against any real or personal property collateral, or to obtain any provisional or ancillary remedies (including but not limited to injunctive relief or the appointment of a receiver) from a court of competent jurisdiction. At Bank's option, it may enforce its right under a mortgage by judicial foreclosure, and under a deed of trust either by exercise of power of sale or by judicial foreclosure. The institution and maintenance of any remedy permitted above shall not constitute a waiver of the rights to submit any controversy or claim to arbitration. The statute of limitations, estoppel, waiver, laches, and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding. [THE REMAINING PORTION OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK] DATED as of the date first above stated. 8 LOS ABRIGADOS PARTNERS LIMITED PARTNERSHIPMELODY HOMES, an Arizona limited partnership INC., a Delaware corporation By: ILE Sedona Incorporated, an Arizona corporation, General Partner By/s/ XXXXX X. XXXXXXX ------------------------------------- Name: -------------------------------- Nancy J. Sxxxx Vice President "BORROWER" Xxxxx X. Xxxxxxx ----------------------------------- Title: PRESIDENT ---------------------------------- BANK ONE, ARIZONA, NA, a national banking association By: -------------------------------- Donna Morrxx Assistant Vice President "BANK" 9 MODIFICATION /s/ XXXXXXXX X. XXXXXXXX ------------------------------------- Name: Xxxxxxxx X. Xxxxxxxx ----------------------------------- Title: VICE PRESIDENT ---------------------------------- SCHEDULE 1 TRUE CORRECT COMPLETE COPY OF GUARANTY AND ---------------------------- CONSENT AND XXXXXXX CREDIT AGREEMENT OF GUARANTORS ----------------------------------- With respect to the Fourth Modification Agreement, dated September 3, 1997 ("Agreement"), between LOS ABRIGADOS PARTNERS LIMITED PARTNERSHIP, an Arizona limited partnership ("Borrower") and BANK ONE, ARIZONA, NA, a national banking association ("Bank"), the undersigned (individually and, if more than one, collectively "Guarantor") agrees for the benefit of Bank as follows:SCHEDULE 2

PROVISIONAL REMEDIES, SELF HELP AND FORECLOSURE. No provision of Section 11.1 12.1 shall limit the right of any party to exercise self help remedies, to foreclose against any real or personal property collateral, or to obtain any provisional or ancillary remedies (including but not limited to injunctive relief or the appointment of a receiver) from a court of competent jurisdiction. At Bank's option, it may enforce its right under a mortgage by judicial foreclosure, and under a deed of trust either by exercise of power of sale or by judicial foreclosure. The institution and maintenance of any remedy permitted above shall not constitute a waiver of the rights to submit any controversy or claim to arbitration. The statute of limitations, estoppel, waiver, laches, and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding. DATED as of the date first above stated. 8 LOS ABRIGADOS PARTNERS LIMITED PARTNERSHIP"ORIGINAL BORROWER" XXXX'X RANCH ASSOCIATES, an Arizona limited general partnership By: ILE Sedona Incorporated, an Arizona corporation, /s/Xxxxxx X. Xxxxxxxx --------------------------------- Xxxxxx X. Xxxxxxxx General Partner By: -------------------------------- Nancy J. Sxxxx Vice President /s/ Xxxxx X. Xxxxxxxx --------------------------------- Xxxxx X. Xxxxxxxx General Partner "BORROWERTRANSFEREE" ILX INCORPORATED, an Arizona corporation By: /s/Xxxxxx X. Xxxxxxx --------------------------------- Name: Xxxxxx X. Xxxxxxx Title: Chairman "BANK" BANK ONE, ARIZONA, NA, a national banking association By: -------------------------------- Donna Morrxx Assistant /s/Xxxx Xxxxx ---------------------------------- Name: Xxxx Xxxxx Title: Vice President "BANK" 9 MODIFICATION OF GUARANTY AND ---------------------------- CONSENT AND AGREEMENT OF GUARANTORS ----------------------------------- With respect to State of ARIZONA ) ) ss. County of Gila ) The above instrument was acknowledged before me this 1st day of June, 1995, by Xxxxxx X. Xxxxxxxx, the Fourth Modification AgreementGeneral Partner, dated September 3, 1997 ("Agreement"), between LOS ABRIGADOS PARTNERS LIMITED PARTNERSHIPof XXXX'X RANCH ASSOCIATES, an Arizona limited partnership ("Borrower"general partnership, on behalf of the corporation. /s/ Xxxxxx Xxxxxxxx ____________________________________ Notary Public My commission expires: October 15, 1998 State of ARIZONA ) and ) ss. County of Gila ) The above instrument was acknowledged before me this 1st day of June, 1995, by Xxxxx X. Xxxxxxxx, the General Partner, of XXXX'X RANCH ASSOCIATES, an Arizona general partnership, on behalf of the corporation. /s/ Xxxxxx Xxxxxxxx ____________________________________ Notary Public My commission expires: October 15, 1998 State of ARIZONA ) ) ss. County of Maricopa ) The above instrument was acknowledged before me this 1st day of June, 1995, by Xxxxxx X. Xxxxxxx, the Chairman of ILX INCORPORATED, an Arizona corporation, on behalf of the corporation. /s/ Xxxxxxxx X. Xxxxxx ___________________________________ Notary Public My commission expires: April 11, 1997 State of ARIZONA ) ) ss. County of Maricopa ) The above instrument was acknowledged before me this 1st day of June, 1995, by Xxxx Xxxxx, the Vice President of BANK ONE, ARIZONA, NA, a national banking association ("Bank")association, on behalf of the undersigned (individually andcorporation. /s/Xxxxxxx X. Pleininger ___________________________________ Notary Public My commission expires: February 19, if more than one, collectively "Guarantor") agrees for the benefit of Bank as follows:1997