HomeMy WebLinkAbout27Eil
maintain and otherwise operate the Mortgaged Property upon such terms as may be
approved by the court, and shall apply such Bents in accordance with the provisions of
Section 4.7.
(0 Other. Exercise all other lights, remedies and recourses granted
under the Loan Documents or otherwise available at law or in equity (including an
action for specific performance of any covenant contained in the Loan Documents, or a
judgment on the Note either before, during or after any proceeding to enforce this
Deed of Trust).
Section 4.2 Swarate ales. The Mortgaged Property may be mid in
one or more parcels and in such manner and order as Trustee, in his sole discretion,
may elect; the right of sale arising out of any Event of Default shall not be exhausted
L any one or more sales.
Section 4.3 $tilt ie: Cumarative. ConCurreDIA0 nonexctusrve.
Beneficiary shall have all rights, remedies and recourses granted in the Loan
Documents and available at law or equity (including the UCC), which rights (a) shall
be cumulative and concurrent, (b) may be pursued separately, successively or
coocturently against Grantor or others obligated under the Note and the other Loan
Documents, or against the Mortgaged Property, or against any one or more of them, at
the sole discretion of Beneficiary, (c) may be exercised as often as occasion therefor
shall arise, and the exercise or failure to exercise any of them shall not be construed as
a waiver or release thereof or of any other right, remedy or recourse, and (d) are
intended to be, and shall be, nonexclusive. No action by Beneficiary or Trustee in the
enforcement of any rights, remedies or recourses tinder the Loan Documents or
otherwise at law or equity shall be deemed to cure any Event of Default.
Section 4.4 Reia;4 of attd ({sort to Collates . Beneficiary may
release, regardless of consideration and without the necessity for any notice to a
consent by the holder of any subordinate lien on the Me -tgaged Property. , any part of
the Mortgaged ProFcrty without, as to the remainder, in any way impairing, affecting,
subordinating or releasing the Gen or security interests created in or evidenced by the
Loan Documents or their stature as a first and prior lien and security interest in aad to
the Mortgaged Property. For payment of the Indebtedness, Beneficiary may resort to
any other security in such order and mwmer as Beneficiary may elect.
Section 4.5 Waiver of Redmilfi n- Natkt and arshalinv of
AIMU. To the fullest extent permitted by law, Grantor hereby irrevocably and
unconditionally waives and releases (a) all benefit that might accrue to Grantor by
virtue ofany p;iwat or futarc statute of limitations or law orjudicial decision
exempting the Mortgaged Property from attachment, levy or sale on execution or
providing for any appraisement, valuation, stay of execution, exemption from civil