Common use of Remedies Not Exclusive Clause in Contracts

Remedies Not Exclusive. The Agent shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement or under any of the other Operative Agreements or other agreements or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lien, assignment or otherwise. Neither the acceptance of this Security Agreement nor its enforcement, shall prejudice or in any manner affect the Agent's right to realize upon or enforce any other security now or hereafter held by the Agent, it being agreed that the Agent shall be entitled to enforce this Security Agreement and any other security now or hereafter held by the Agent in such order and manner as the Agent may determine in its absolute discretion. No remedy conferred hereunder or under any other Operative Agreement upon or reserved to the Agent is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements to the Agent or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Agent. In no event shall the Agent, in the exercise of the remedies provided in this Security Agreement (including without limitation in connection with the assignment of Rents to the Agent, or the appointment of a receiver and the entry of such receiver onto all or any part of the Land), be deemed a "mortgagee in possession" or a "pledgee in possession", and the Agent shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent Mortgagee shall be entitled to enforce payment of the indebtedness Indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement Mortgage or under any of the other Operative Agreements Loan Documents or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Indebtedness and Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Mortgage nor its enforcement, shall prejudice or in any manner affect the Agent's Mortgagee’s right to realize upon or enforce any other security now or hereafter held by the AgentMortgagee, it being agreed that the Agent Mortgagee shall be entitled to enforce this Security Agreement Mortgage and any other security now or hereafter held by the Agent Mortgagee in such order and manner as the Agent Mortgagee may determine in its absolute discretion. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Mortgagee is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Loan Documents to the Agent Mortgagee or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the AgentMortgagee. In no event shall the AgentMortgagee, in the exercise of the remedies provided in this Security Agreement Mortgage (including including, without limitation limitation, in connection with the assignment of Rents to the AgentMortgagee, or the appointment of a receiver and the entry of such receiver onto on to all or any part of the LandMortgaged Property), be deemed a "“mortgagee in possession" or a "pledgee in possession", ,” and the Agent Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent Beneficiary shall be entitled to enforce payment of the indebtedness Indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement Deed of Trust or under any of the other Operative Agreements Loan Documents or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Indebtedness and Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Deed of Trust nor its enforcement, shall prejudice or in any manner affect the AgentBeneficiary's right to realize upon or enforce any other security now or hereafter held by the AgentBeneficiary, it being agreed that the Agent Beneficiary shall be entitled to enforce this Security Agreement Deed of Trust and any other security now or hereafter held by the Agent Beneficiary in such order and manner as the Agent Beneficiary may determine in its absolute discretion. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Beneficiary is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Loan Documents to the Agent Beneficiary or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the AgentBeneficiary. In no event shall the AgentBeneficiary, in the exercise of the remedies provided in this Security Agreement Deed of Trust (including including, without limitation limitation, in connection with the assignment of Rents to the AgentBeneficiary, or the appointment of a receiver and the entry of such receiver onto on to all or any part of the LandMortgaged Property), be deemed a "mortgagee Beneficiary in possession," or a "pledgee in possession", and the Agent Beneficiary shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent Beneficiary shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement Deed of Trust or under any of the other Operative Agreements Loan Documents or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Deed of Trust nor its enforcement, shall prejudice or in any manner affect the Agent's right Beneficiary’s rights to realize upon or enforce any other security now or hereafter held by the AgentBeneficiary, it being agreed that the Agent Beneficiary shall be entitled to enforce this Security Agreement Deed of Trust and any other security now or hereafter held by the Agent Beneficiary in such order and manner as the Agent Beneficiary may determine in its absolute discretion. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Beneficiary is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Loan Documents to the Agent Beneficiary or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Beneficiary, as the Agentcase may be. In no event shall the AgentBeneficiary, in the exercise of the remedies provided in this Security Agreement Deed of Trust (including without limitation in connection with the assignment of Rents to the AgentBeneficiary, or the appointment of a receiver and the entry of such receiver onto on to all or any part of the LandMortgaged Property), be deemed a "mortgagee “Beneficiary in possession" or a "pledgee in possession", ,” and the Agent Beneficiary shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent Subject to Article XIII of the Installment Financing Contract, the Trustee and the Beneficiary, and each of them, shall be entitled to enforce payment of the indebtedness and performance of the Obligations any Indebtedness or obligations secured hereby and to exercise all rights and powers under this Security Agreement Deed of Trust or under any of other agreement securing or relating to the other Operative Agreements or other agreements Indebtedness secured hereby or any laws now or hereafter in force, notwithstanding some or all of the Obligations Indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect the Agent's Trustee’s or the Beneficiary’s right to realize upon or enforce any other security now or hereafter held by the AgentTrustee or the Beneficiary, it being agreed that the Agent Trustee and the Beneficiary, and each of them, shall be entitled to enforce this Security Agreement Deed of Trust and any other security now or hereafter held by the Agent Beneficiary or the Trustee in such order and manner as the Agent they or either of them may determine in its their absolute discretiondiscretion determine. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Trustee or the Beneficiary is intended to be exclusive of any other remedy herein or therein by law provided or preclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements instrument securing or relating to the Agent Indebtedness secured hereby to the Trustee or the Beneficiary or to which it either of them may be otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Agent. In no event shall the Agent, in the exercise of the remedies provided in this Security Agreement (including without limitation in connection with the assignment of Rents to the Agent, Trustee or the appointment of a receiver Beneficiary and the entry of such receiver onto all or any part of the Land), be deemed a "mortgagee in possession" or a "pledgee in possession", and the Agent shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such them may pursue inconsistent remedies.

Remedies Not Exclusive. The Agent Trustee and Beneficiary, and each of them, shall be entitled to enforce payment of the indebtedness and performance of the Obligations any indebtedness or obligation secured hereby and to exercise all rights and powers under this Security Agreement Deed of Trust or under any of the other Operative Agreements Project Document or other agreements agreement or any laws law now or hereafter in force, notwithstanding some or all of the Obligations said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Deed of Trust nor its enforcementenforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect the Agent's Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by the AgentTrustee or Beneficiary, it being agreed that the Agent Trustee and Beneficiary, and each of them, shall be entitled to enforce this Security Agreement Deed of Trust and any other security for the obligations hereby secured now or hereafter held by the Agent Beneficiary or Trustee in such order and manner as the Agent they may determine in its their absolute discretiondiscretion determine. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Trustee or Beneficiary is intended to be exclusive of any other remedy herein herein, or therein granted to Beneficiary under any other agreement, or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Transaction Documents to the Agent Trustee or Beneficiary or to which it either of them may be otherwise be entitled, entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Agent. In no event shall the Agent, in the exercise of the remedies provided in this Security Agreement (including without limitation in connection with the assignment of Rents to the Agent, Trustee or the appointment of a receiver and the entry of such receiver onto all or any part of the Land), be deemed a "mortgagee in possession" or a "pledgee in possession"Beneficiary, and the Agent shall not either of them may pursue inconsistent remedies. Trustor may be joined in any way be made liable for any act, either action brought by Beneficiary to foreclose under or otherwise enforce this Deed of commission or omission, in connection with the exercise of such remediesTrust.

Remedies Not Exclusive. The Agent Mortgagee shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement Mortgage or under any of the other Operative Agreements Loan Documents or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Mortgage nor its enforcement, shall prejudice or in any manner affect the AgentMortgagee's right rights to realize upon or enforce any other security now or hereafter held by the AgentMortgagee, it being agreed that the Agent Mortgagee shall be entitled to enforce this Security Agreement Mortgage and any other security now or hereafter held by the Agent Mortgagee in such order and manner as the Agent Mortgagee may determine in its absolute discretion. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Mortgagee is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Loan Documents to the Agent Mortgagee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee, as the Agentcase may be. In no event shall the AgentMortgagee, in the exercise of the remedies provided in this Security Agreement Mortgage (including including, without limitation limitation, in connection with the assignment of Rents to the AgentMortgagee, or the appointment of a receiver and the entry of such receiver onto on to all or any part of the LandMortgaged Property), be deemed a "mortgagee Mortgagee in possession," or a "pledgee in possession", and the Agent Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent Mortgagee shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement Mortgage or under any of the other Operative Agreements Loan Documents or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Mortgage nor its enforcement, shall prejudice or in any manner affect the AgentMortgagee's right to realize upon or enforce any other security now or hereafter held by the AgentMortgagee, it being agreed that the Agent Mortgagee shall be entitled to enforce this Security Agreement Mortgage and any other security now or hereafter held by the Agent Mortgagee in such order and manner as the Agent Mortgagee may determine in its absolute discretion. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Mortgagee is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Loan Documents to the Agent Mortgagee or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the AgentMortgagee. In no event shall the AgentMortgagee, in the exercise of the remedies provided in this Security Agreement Mortgage (including including, without limitation limitation, in connection with the assignment of Rents to the AgentMortgagee, or the appointment of a receiver and the entry of such receiver onto on to all or any part of the LandMortgaged Property), be deemed a "mortgagee in possession," or a "pledgee in possession", and the Agent Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent Subject in all respects to the provisions of Section 7, the Secured Party shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement Deed of Trust or under any of the other Operative Agreements or other agreements agreement or any laws now or hereafter in force, notwithstanding that some or all of the Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, mortgage, security agreementdeed, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Deed of Trust nor its enforcement, whether by court action or pursuant to the powers herein contained, shall prejudice or in any manner affect the AgentSecured Party's right to realize upon or enforce any other security now or hereafter held by the AgentSecured Party, it being agreed that the Agent Secured Party shall be entitled to enforce this Security Agreement Deed of Trust and any other security now or hereafter held by the Agent Secured Party in such order and manner as the Agent it may determine in its absolute discretionand sole discretion and election determine. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Secured Party is intended to be exclusive of any other remedy herein or therein in any of the other PPA or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements to the Agent or to which it may otherwise be entitled, the Secured Party is entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Agent. In no event shall the Agent, in the exercise of the remedies provided in this Security Agreement (including without limitation in connection with the assignment of Rents to the Agent, or the appointment of a receiver and the entry of such receiver onto all or any part of the Land), be deemed a "mortgagee in possession" or a "pledgee in possession"Secured Party, and the Agent Secured Party may pursue inconsistent remedies. No delay or omission of the Secured Party to exercise any right or power accruing upon any Event of Default shall not in impair any way right or power or shall be made liable construed as a waiver of any Event of Default or any acquiescence therein. If the Secured Party shall have proceeded to invoke any right or remedy hereunder or under the PPA and shall thereafter elect to discontinue or abandon it for any actreason, either of commission or omissionthe Secured Party shall have the unqualified right to do so and, in connection with such an event, the rights and remedies of the Secured Party shall continue as if such right or remedy had never been invoked and no such discontinuance or abandonment shall waive any Event of Default which may then exist or the right of the Secured Party thereafter to exercise any right or remedy under the PPA for such Event of such remediesDefault.

Remedies Not Exclusive. The Agent Mortgagee shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement Mortgage or under any of the other Operative Agreements Loan Documents or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Mortgage nor its enforcement, shall prejudice or in any manner affect the Agent's right Mortgagee’s rights to realize upon or enforce any other security now or hereafter held by the AgentMortgagee, it being agreed that the Agent Mortgagee shall be entitled to enforce this Security Agreement Mortgage and any other security now or hereafter held by the Agent Mortgagee in such order and manner as the Agent Mortgagee may determine in its absolute discretion. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Mortgagee is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Loan Documents to the Agent Mortgagee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee, as the Agentcase may be. In no event shall the AgentMortgagee, in the exercise of the remedies provided in this Security Agreement Mortgage (including including, without limitation limitation, in connection with the assignment of Rents to the AgentMortgagee, or the appointment of a receiver and the entry of such receiver onto on to all or any part of the LandMortgaged Property), be deemed a "“mortgagee in possession" or a "pledgee in possession", ,” and the Agent Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent Mortgagee shall be entitled to enforce payment of the indebtedness and performance of the Obligations any indebtedness or obligations secured hereby and to exercise all rights and powers granted under this Security Mortgage or under the Credit Agreement or the Notes or under any of the other Operative Agreements Loan Instruments or other agreements or under any laws Laws now or hereafter in force, notwithstanding some or all of the Obligations said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Mortgage nor its enforcement, whether by court action or other powers herein contained, shall prejudice or in any manner affect the AgentMortgagee's right to realize upon or enforce any other security now or hereafter held by the AgentMortgagee, it being agreed that the Agent Mortgagee shall be entitled to enforce this Security Agreement Mortgage and any other security now or hereafter held by the Agent Mortgagee, in such order and manner as the Agent it may determine in its absolute discretiondiscretion determine. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Mortgagee is intended to be exclusive of any other remedy herein or therein or by law Law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law Law or in equity or by statute. Every right, power or remedy given by the Credit Agreement, this Mortgage or any of the Operative Agreements Loan Instruments to the Agent or to which it may otherwise be entitled, Mortgagee may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the AgentMortgagee. In no event shall the AgentEvery right, in the exercise of the remedies provided in power or remedy given by this Security Agreement (including without limitation in connection with the assignment of Rents Mortgage to the AgentMortgagee may be exercised by Agent on behalf of all Secured Parties pursuant to the Credit Agreement, whether so expressed or the appointment of a receiver and the entry of such receiver onto all or any part of the Land), be deemed a "mortgagee in possession" or a "pledgee in possession", and the Agent shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remediesnot.

Remedies Not Exclusive. The Agent Mortgagee shall be entitled to enforce payment of the indebtedness and performance of the Secured Obligations or any obligations secured hereby and to exercise all rights and powers under this Security Agreement or under any of the other Operative Agreements Junior Mortgage or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Secured Obligations and obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Junior Mortgage nor its enforcement, whether by court action or pursuant to the power of sale or the powers herein contained, shall prejudice or in any manner affect the AgentMortgagee's right to realize upon or enforce any other security now or hereafter held by the Agent, Mortgagee it being agreed that the Agent Mortgagee shall be entitled to enforce this Security Agreement Junior Mortgage and any other security now or hereafter held by the Agent Mortgagee in such order and manner as the Agent it may determine in its absolute discretiondiscretion determine. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Mortgagee is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements to the Agent Mortgagee or to which it Mortgagee may be otherwise be entitled, may be exercised, exercised concurrently or independently, from time to time and as often as may be deemed expedient by the Agent. In no event shall the Agent, in the exercise of the remedies provided in this Security Agreement (including without limitation in connection with the assignment of Rents to the Agent, or the appointment of a receiver and the entry of such receiver onto all or any part of the Land), be deemed a "mortgagee in possession" or a "pledgee in possession", and the Agent shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remediesMortgagee.

Remedies Not Exclusive. The Collateral Agent shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement Deed of Trust or under any of the other Operative Agreements or other agreements or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Deed of Trust nor its enforcement, shall prejudice or in any manner affect the Collateral Agent's ’s right to realize upon or enforce any other security now or hereafter held by the Collateral Agent, it being agreed that the Collateral Agent shall be entitled to enforce this Security Agreement Deed of Trust and any other security now or hereafter held by the Collateral Agent in such order and manner as the Collateral Agent may determine in its absolute discretionreasonably determine. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Collateral Agent is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any this Deed of the Operative Agreements Trust to the Collateral Agent or to which it Collateral Agent may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Collateral Agent. In no event shall the Collateral Agent, in the exercise of the remedies provided in this Security Agreement Deed of Trust (including including, without limitation in connection with the assignment of Rents to the Agentlimitation, or the appointment of a receiver and the entry of such receiver onto on to all or any part of the LandMortgaged Property), be deemed a "“mortgagee in possession" or a "pledgee in possession", ,” and the Collateral Agent shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent Mortgagee shall be entitled to enforce payment of the indebtedness and performance of the Secured Obligations or any obligations secured hereby and to exercise all rights and powers under this Security Agreement or under any of the other Operative Agreements Mortgage or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Secured Obligations and obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Mortgage nor its enforcement, whether by court action or pursuant to the power of sale or the powers herein contained, shall prejudice or in any manner affect the AgentMortgagee's right to realize upon or enforce any other security now or hereafter held by the Agent, Mortgagee it being agreed that the Agent Mortgagee shall be entitled to enforce this Security Agreement Mortgage and any other security now or hereafter held by the Agent Mortgagee in such order and manner as the Agent it may determine in its absolute discretiondiscretion determine. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Mortgagee is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements to the Agent Mortgagee or to which it Mortgagee may be otherwise be entitled, may be exercised, exercised concurrently or independently, from time to time and as often as may be deemed expedient by the Agent. In no event shall the Agent, in the exercise of the remedies provided in this Security Agreement (including without limitation in connection with the assignment of Rents to the Agent, or the appointment of a receiver and the entry of such receiver onto all or any part of the Land), be deemed a "mortgagee in possession" or a "pledgee in possession", and the Agent shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remediesMortgagee.

Remedies Not Exclusive. The Agent Beneficiary shall be entitled to enforce payment of the indebtedness Indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement Deed of Trust or under any of the other Operative Agreements Loan Documents or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Indebtedness and Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Deed of Trust nor its enforcement, shall prejudice or in any manner affect the AgentBeneficiary's right to realize upon or enforce any other security now or hereafter held by the AgentBeneficiary, it being agreed that the Agent Beneficiary shall be entitled to enforce this Security Agreement Deed of Trust and any other security now or hereafter held by the Agent Beneficiary in such order and manner as the Agent Beneficiary may determine in its absolute discretion. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Beneficiary is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Loan Documents to the Agent Beneficiary or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the AgentBeneficiary. In no event shall the AgentBeneficiary, in the exercise of the remedies provided in this Security Agreement Deed of Trust (including including, without limitation limitation, in connection with the assignment of Rents to the AgentRents, or the appointment of a receiver and the entry of such receiver onto on to all or any part of the LandTrust Property), be deemed a "mortgagee in possession," or a "pledgee in possession", and the Agent Beneficiary shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent Trustee and Beneficiary, and each of them, shall be entitled to enforce payment of the indebtedness and performance of the Obligations any indebtedness or obligations secured hereby and to exercise all rights and powers under this Security Agreement Deed of Trust or under any of the other Operative Agreements Loan Instrument or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect the Agent's Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by the AgentTrustee or Beneficiary, it being agreed that the Agent Trustee and Beneficiary, and each of them, shall be entitled to enforce this Security Agreement Deed of Trust and any other security now or hereafter held by the Agent Beneficiary or Trustee in such order and manner as the Agent they or either of them may determine in its their absolute discretiondiscretion determine. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Trustee or Beneficiary is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Loan Instruments to the Agent Trustee or Beneficiary or to which it either of them may be otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Beneficiary, and either of them may pursue inconsistent remedies. The failure on the Agent. In no event part of Beneficiary to promptly enforce any right hereunder shall the Agent, in the exercise of the remedies provided in this Security Agreement (including without limitation in connection with the assignment of Rents to the Agent, or the appointment of not operate as a receiver and the entry waiver of such receiver onto all or any part of the Land), be deemed a "mortgagee in possession" or a "pledgee in possession", and the Agent shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remediesright.

Remedies Not Exclusive. The Agent Mortgagee shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement Mortgage or under any of the other Operative Agreements Financing Documents or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Mortgage nor its enforcement, shall prejudice or in any manner affect the AgentMortgagee's right to realize upon or enforce any other security now or hereafter held by the AgentMortgagee, it being agreed that the Agent Mortgagee shall be entitled to enforce this Security Agreement Mortgage and any other security now or hereafter held by the Agent Mortgagee in such order and manner as the Agent Mortgagee may determine in its absolute discretion. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Mortgagee is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Financing Documents to the Agent Mortgagee or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the AgentMortgagee. In no event shall the AgentMortgagee, in the exercise of the remedies provided in this Security Agreement Mortgage (including including, without limitation limitation, in connection with the assignment of Rents to the AgentMortgagee, or the appointment of a receiver and the entry of such receiver onto on to all or any part of the LandMortgaged Property), be deemed a "mortgagee in possession," or a "pledgee in possession", and the Agent Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent Beneficiary and Trustee shall be entitled to enforce payment of the indebtedness Obligations and performance of the Performance Obligations and to exercise all rights and powers under this Security Agreement Deed of Trust or under any of the other Operative Agreements Loan Documents or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations and Performance Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Deed of Trust nor its enforcement, shall prejudice or in any manner affect the AgentBeneficiary's or Trustee's right to realize upon or enforce any other security now or hereafter held by the AgentBeneficiary or Trustee, it being agreed that the Agent Beneficiary and Trustee shall be entitled to enforce this Security Agreement Deed of Trust and any other security now or hereafter held by the Agent Beneficiary or Trustee in such order and manner as the Agent Beneficiary may determine in its absolute discretion. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Beneficiary or Trustee is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Loan Documents to the Agent Beneficiary or Trustee or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Beneficiary or Trustee, as the Agentcase may be. In no event shall the AgentBeneficiary or Trustee, in the exercise of the remedies provided in this Security Agreement Deed of Trust (including including, without limitation limitation, in connection with the assignment of Rents to the AgentBeneficiary, or the appointment of a receiver and the entry of such receiver onto on to all or any part of the LandTrust Property), be deemed a "mortgagee Beneficiary in possession," or a "pledgee in possession", and the Agent neither Beneficiary nor Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement or under any of the other Operative Agreements or other agreements or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lien, assignment or otherwise. Neither the acceptance of this Security Agreement nor its enforcement, shall prejudice or in any manner affect the Agent's ’s right to realize upon or enforce any other security now or hereafter held by the Agent, it being agreed that the Agent shall be entitled to enforce this Security Agreement and any other security now or hereafter held by the Agent in such order and manner as the Agent may determine in its absolute discretion. No remedy conferred hereunder or under any other Operative Agreement upon or reserved to the Agent is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements to the Agent or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Agent. In no event shall the Agent, in the exercise of the remedies provided in this Security Agreement (including without limitation in connection with the assignment of Rents to the Agent, or the appointment of a receiver and the entry of such receiver onto all or any part of the Land), be deemed a "“mortgagee in possession" ” or a "“pledgee in possession"”, and the Agent shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies, other than for its gross negligence or willful misconduct.

Remedies Not Exclusive. The Agent Trustee and Beneficiary, and each of them, shall be entitled to enforce payment of the indebtedness and performance of any and all of the Obligations and to exercise all rights and powers under this Security Agreement or the Loan Documents and under any of the other Operative Agreements or other agreements or any laws law now or hereafter in forceeffect, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lien, assignment secured or otherwiseguaranteed. Neither the acceptance of this Security Agreement Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other rights herein contained, shall prejudice or in any manner affect the Agent's Trustee’s or Beneficiary’s right to realize upon or enforce any other security or guaranty now or hereafter held by the AgentTrustee or Beneficiary, it being agreed that the Agent Trustee and Beneficiary, and each of them, shall be entitled to enforce this Security Agreement Deed of Trust and any other security or any guaranty now or hereafter held by the Agent Beneficiary or Trustee in such order and manner as the Agent they or either of them may determine in its their absolute discretiondiscretion determine. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Trustee or Beneficiary is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder hereunder, or now or hereafter existing at law or in equity or by statuteunder the law. Every power or remedy given by any of the Operative Agreements Loan Documents or by law to the Agent Trustee or Beneficiary or to which it either of them may be otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Agent. In no event shall the AgentTrustee or Beneficiary and, in the exercise of the remedies provided in this Security Agreement (including without limitation in connection with the assignment of Rents to the Agent, or the appointment of a receiver and the entry of such receiver onto all or any part of the Land), be deemed a "mortgagee in possession" or a "pledgee in possession", and the Agent shall not in any way be made liable for any actextent permitted by law, either of commission or omission, in connection with the exercise of such them may pursue inconsistent remedies.

Remedies Not Exclusive. The Agent Mortgagee shall be entitled to enforce payment of the indebtedness and performance of the Secured Obligations and to exercise all rights and powers under this Security Agreement Mortgage or under any of the other Operative Agreements or other agreements Transaction Documents or any laws now or hereafter in force, notwithstanding that some or all of the Secured Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Mortgage nor its enforcement, shall prejudice or in any manner affect the AgentMortgagee's right rights to realize upon or enforce any other security now or hereafter held by the AgentMortgagee, it being agreed that the Agent Mortgagee shall be entitled to enforce this Security Agreement Mortgage and any other security now or hereafter held by the Agent Mortgagee in such order and manner as the Agent Mortgagee may determine in its absolute discretion. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Mortgagee is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Transaction Documents to the Agent Mortgagee or to which it the Mortgagee may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the AgentMortgagee, as the case may be. In no event shall the AgentMortgagee, in the exercise of the remedies provided in this Security Agreement Mortgage (including including, without limitation limitation, in connection with the assignment of Rents to the AgentMortgagee, or the appointment of a receiver and the entry of such receiver onto on to all or any part of the LandMortgaged Property), be deemed a "“mortgagee in possession" or a "pledgee in possession", ,” and the Agent Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent Mortgagee shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement Mortgage or under any of the other Operative Agreements Transaction Documents or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Mortgage nor its enforcement, enforcement shall prejudice or in any manner affect the Agent's Mortgagee’s right to realize upon or enforce any other security now or hereafter held by the AgentMortgagee, it being agreed that the Agent Mortgagee shall be entitled to enforce this Security Agreement Mortgage and any other security now or hereafter held by the Agent Mortgagee in such order and manner as the Agent Mortgagee may determine in its absolute discretion. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Mortgagee is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Transaction Documents to the Agent Mortgagee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the AgentMortgagee. In no event shall the AgentMortgagee, in the exercise of the remedies provided in this Security Agreement Mortgage (including including, without limitation limitation, in connection with the assignment of Rents to the AgentMortgagee, or the appointment of a receiver and the entry of such receiver onto on to all or any part of the LandMortgaged Property), be deemed a "“mortgagee in possession" or a "pledgee in possession", ,” and the Agent Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement or under any of the other Operative Agreements or other agreements or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lien, assignment or otherwise. Neither the acceptance of this Security Agreement nor its enforcement, shall prejudice or in any manner affect the Agent's right to realize upon or enforce any other security now or hereafter held by the AgentAgent as security for the Obligations, it being agreed that the Agent shall be entitled to enforce this Security Agreement and any other security now or hereafter held by the Agent in such order and manner as the Agent may determine in its absolute discretion. No remedy conferred hereunder or under any other Operative Agreement upon or reserved to the Agent is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements to the Agent or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Agent. In no event shall the Agent, in the exercise of the remedies provided in this Security Agreement (including without limitation in connection with the assignment of Rents rents to the Agent, or the appointment of a receiver and the entry of such receiver onto all or any part of the LandProperty), be deemed a "mortgagee in possession" or a "pledgee in possession", and the Agent shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Administrative Agent shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement or under any of the other Operative Agreements Documents or other agreements or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lien, assignment or otherwise. Neither the acceptance of this Security Agreement nor its enforcement, shall prejudice or in any manner affect the Administrative Agent's right to realize upon or enforce any other security now or hereafter held by the Administrative Agent, it being agreed that the Administrative Agent shall be entitled to enforce this Security Agreement and any other security now or hereafter held by the Administrative Agent in such order and manner as the Administrative Agent may determine in its absolute discretion. No remedy conferred hereunder or under any other Operative Agreement Document upon or reserved to the Administrative Agent is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Documents to the Administrative Agent or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Administrative Agent. In no event shall the Administrative Agent, in the exercise of the remedies provided in this Security Agreement (including without limitation in connection with the assignment of Rents to the Agent, Administrative Agent or the appointment of a receiver and the entry of such receiver onto all or any part of the Landreceiver), be deemed a "mortgagee in possession" or a "pledgee in possession", ," and the Administrative Agent shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Grantee, on behalf of and as Collateral Agent for the Lenders, and each of them, shall be entitled to enforce payment of the indebtedness and performance of the Obligations any Indebtedness or obligations secured hereby and to exercise all rights and powers under this Security Agreement Deed or under any of the other Operative Agreements Loan Document or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations said Indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Deed nor its enforcementenforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect the AgentGrantee's right to realize upon or enforce any other security now or hereafter held by the AgentGrantee or any Lender, it being agreed that the Agent Grantee shall be entitled to enforce this Security Agreement Deed and any other security now or hereafter held by Grantee on behalf of the Agent Lenders, in such order and manner as the Agent Grantee may determine in its absolute discretiondetermine. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Grantee is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Loan Documents to the Agent Grantee or any Lender, or to which it any of them may be otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Agent. In no event shall the Agent, in the exercise Grantee and Grantee may pursue inconsistent remedies on behalf of the remedies provided in this Security Agreement (including without limitation in connection with the assignment of Rents to the Agent, or the appointment of a receiver and the entry of such receiver onto all or any part of the Land), be deemed a "mortgagee in possession" or a "pledgee in possession", and the Agent shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remediesLenders.

Remedies Not Exclusive. The Agent Subject to Article XV of the Installment Financing Contract, the Trustee and the Beneficiary, and each of them, shall be entitled to enforce payment and perfor xxxxx of the indebtedness and performance of the Obligations any Indebtedness or obligations secured her xxx and to exercise exerci se all rights righ ts and powers under this Security Agreement Deed of Trust or under any of other agr eement securing or rel ating to the other Operative Agreements or other agreements Indebt edness secured hereby or any laws now or hereafter her eafter in forcefor ce, notwithstanding notwith standing some or all of the Obligations Indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mor tgage, deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice prej udice or in any manner affect the Agent's Trustee’s or the Beneficiary’s right to realize upon or enforce any other security now or hereafter held by the AgentTrus tee or the Beneficiar y, it being agreed agr eed that the Agent Trustee and the Beneficiary, and each of them, shall be entitled to enforce this Security Agreement Deed of Trust and any other security now or hereafter held by the Agent Beneficiary or the Tr ustee in such order and manner as the Agent they or either of them may determine in its their absolute discretiondiscretion determine. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Trustee or the Beneficiary is intended to be exclusive of any other remedy herein or therein by law provi ded or preclusive of any other remedy herein or by law provided provid ed or permittedper mitted, but each shall be cumulative cumulati ve and shall be in addition addi tion to every ever y other remedy given hereunder or thereunder hereun der or now or hereafter existing her eafter existi ng at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements instrument securing or relating to the Agent Indebtedness secured hereby to the Trustee or the Beneficiary or to which it either of them may be otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Agent. In no event shall the Agent, in the exercise of the remedies provided in this Security Agreement (including without limitation in connection with the assignment of Rents to the Agent, Trustee or the appointment of a receiver Beneficiary and the entry of such receiver onto all or any part of the Land), be deemed a "mortgagee in possession" or a "pledgee in possession", and the Agent shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such them may pursue inconsistent remedies.

Remedies Not Exclusive. The Agent Bank shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement or under any of the other Operative Agreements or other agreements or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lien, assignment or otherwise. Neither the acceptance of this Security Agreement nor its enforcement, shall prejudice or in any manner affect the AgentBank's right to realize upon or enforce any other security now or hereafter held by the AgentBank, it being agreed that the Agent Bank shall be entitled to enforce this Security Agreement and any other security now or hereafter held by the Agent Bank in such order and manner as the Agent Bank may determine in its absolute discretion. No remedy conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Bank is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements to the Agent Bank or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the AgentBank. In no event shall the AgentBank, in the exercise of the remedies provided in this Security Agreement (including without limitation in connection with the assignment of Rents to the AgentBank, or the appointment of a receiver and the entry of such receiver onto all or any part of the Land), be deemed a "mortgagee in possession" or a "pledgee in possession", and the Agent Bank shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent Mortgagee shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement Mortgage or under any of the other Operative Agreements Loan Documents or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Mortgage nor its enforcement, shall prejudice or in any manner affect the Agent's Mortgagee’s right to realize upon or enforce any other security now or hereafter held by the AgentMortgagee, it being agreed that the Agent Mortgagee shall be entitled to enforce this Security Agreement Mortgage and any other security now or hereafter held by the Agent Mortgagee in such order and manner as the Agent Mortgagee may determine in its absolute discretion. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Mortgagee is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Loan Documents to the Agent Mortgagee or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the AgentMortgagee. In no event shall the AgentMortgagee, in the exercise of the remedies provided in this Security Agreement Mortgage (including including, without limitation limitation, in connection with the assignment of Rents to the AgentMortgagee, or the appointment of a receiver and the entry of such receiver onto on to all or any part of the LandMortgaged Property), be deemed a "“mortgagee in possession" or a "pledgee in possession", ,” and the Agent Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent Beneficiary and Trustee shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement Deed of Trust or under any of the other Operative Agreements Credit Documents or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Deed of Trust nor its enforcement, shall prejudice or in any manner affect the Agent's Beneficiary’s or Trustee’s right to realize upon or enforce any other security now or hereafter held by the AgentBeneficiary or Trustee, it being agreed that the Agent Beneficiary and Trustee shall be entitled to enforce this Security Agreement Deed of Trust and any other security now or hereafter held by the Agent Beneficiary or Trustee in such order and manner as the Agent Beneficiary or Trustee may determine in its absolute discretion. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Trustee or Beneficiary is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Credit Documents to the Agent Beneficiary or Trustee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Beneficiary or Trustee, as the Agentcase may be. In no event shall the AgentBeneficiary or Trustee, in the exercise of the remedies provided in this Security Agreement Deed of Trust (including including, without limitation limitation, in connection with the assignment of Rents to the AgentBeneficiary, or the appointment of a receiver and the entry of such receiver onto on to all or any part of the LandMortgaged Property), be deemed a "“mortgagee in possession" or a "pledgee in possession", ,” and the Agent neither Beneficiary nor Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent Mortgagee shall be entitled to enforce payment of the indebtedness and performance of the Obligations any indebtedness or obligations secured hereby and to exercise all rights and powers granted under this Security Agreement Mortgage or under any of the other Operative Agreements or other agreements Security Document or any laws other agreement or any Laws now or hereafter in force, notwithstanding some or all of the Obligations indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, mortgage, security agreement, pledge, Lien, assignment or otherwise. Neither the acceptance of this Security Agreement Mortgage nor its enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect the AgentMortgagee's right to realize upon or enforce any other security now or hereafter held by the AgentMortgagee, it being agreed that the Agent Mortgagee shall be entitled to enforce this Security Agreement Mortgage and any other security now or hereafter held by the Agent Mortgagee in such order and manner as the Agent it may determine in its absolute discretiondiscretion determine. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent is intended to be exclusive of any other remedy herein or therein or by law Law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law Law or in equity or by statute. Every right, power or remedy given by any of the Operative Agreements Security Documents to the Agent or to which it may otherwise be entitled, Mortgagee may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Agent. In no event shall the Agent, in the exercise of the remedies provided in this Security Agreement (including without limitation in connection with the assignment of Rents to the Agent, or the appointment of a receiver and the entry of such receiver onto all or any part of the Land), be deemed a "mortgagee in possession" or a "pledgee in possession", and the Agent shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remediesMortgagee.

Remedies Not Exclusive. The Agent Grantee shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement Deed or under any of the other Operative Agreements Indenture Documents or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgageto secure debt, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Deed nor its enforcement, shall prejudice or in any manner affect the AgentGrantee's right rights to realize upon or enforce any other security now or hereafter held by the AgentGrantee, it being agreed that the Agent Grantee shall be entitled to enforce this Security Agreement Deed and any other security now or hereafter held by the Agent Grantee in such order and manner as the Agent Grantee may determine in its absolute discretion. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Grantee is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Indenture Documents to the Agent Grantee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the AgentGrantee, as the case may be. In no event shall the AgentGrantee, in the exercise of the remedies provided in this Security Agreement Deed (including including, without limitation limitation, in connection with the assignment of Rents to the AgentGrantee, or the appointment of a receiver and the entry of such receiver onto on to all or any part of the LandMortgaged Property), be deemed a "mortgagee in possession," or a "pledgee in possession", and the Agent Grantee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent shall be Trustee and Lender, and each of them, are entitled to enforce payment of the indebtedness and performance of the Obligations any indebtedness or obligations secured hereby and to exercise all rights and powers under this Security Agreement Deed of Trust or under any of the other Operative Agreements Loan Document or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Deed of Trust nor its enforcementenforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall will prejudice or in any manner affect the AgentTrustee's or Lender's right to realize upon or enforce any other security now or hereafter held by the AgentTrustee or Lender, it being agreed that the Agent shall be Trustee and Lender, and each of them, is entitled to enforce this Security Agreement Deed of Trust and any other security now or hereafter held by the Agent Lender or Trustee in such order and manner as the Agent they or either of them may determine in its their absolute discretiondiscretion determine. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Trustee or Lender is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be is cumulative and shall be is in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Loan Documents to the Agent Trustee or Lender or to which it either of them may be otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Agent. In no event shall the Agent, in the exercise of the remedies provided in this Security Agreement (including without limitation in connection with the assignment of Rents to the Agent, Trustee or the appointment of a receiver Lender and the entry of such receiver onto all or any part of the Land), be deemed a "mortgagee in possession" or a "pledgee in possession", and the Agent shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such them may pursue inconsistent remedies.

Remedies Not Exclusive. The Agent Subject to Article XIII of the Contract, the Trustee and the Beneficiary, and each of them, shall be entitled to enforce payment of the indebtedness and performance of the Obligations any Indebtedness or obligations secured hereby and to exercise all rights and powers under this Security Agreement Deed of Trust or under any of other agreement securing or relating to the other Operative Agreements or other agreements Indebtedness secured hereby or any laws now or hereafter in force, notwithstanding some or all of the Obligations Indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect the Agent's Trustee’s or the Beneficiary’s right to realize upon or enforce any other security now or hereafter held by the AgentTrustee or the Beneficiary, it being agreed that the Agent Trustee and the Beneficiary, and each of them, shall be entitled to enforce this Security Agreement Deed of Trust and any other security now or hereafter held by the Agent Beneficiary or the Trustee in such order and manner as the Agent they or either of them may determine in its their absolute discretiondiscretion determine. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Trustee or the Beneficiary is intended to be exclusive of any other remedy herein or therein by law provided or preclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements instrument securing or relating to the Agent Indebtedness secured hereby to the Trustee or the Beneficiary or to which it either of them may be otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Agent. In no event shall the Agent, in the exercise of the remedies provided in this Security Agreement (including without limitation in connection with the assignment of Rents to the Agent, Trustee or the appointment of a receiver Beneficiary and the entry of such receiver onto all or any part of the Land), be deemed a "mortgagee in possession" or a "pledgee in possession", and the Agent shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such them may pursue inconsistent remedies.

Remedies Not Exclusive. The Agent Mortgagee shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement Mortgage or under any of the other Operative Agreements Loan Documents or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Mortgage nor its enforcement, shall prejudice or in any manner affect the Agent's right Mortgagee’s rights to realize upon or enforce any other security now or hereafter held by the AgentMortgagee, it being agreed that the Agent Mortgagee shall be entitled to enforce this Security Agreement Mortgage and any other security now or hereafter held by the Agent Mortgagee in such order and manner as the Agent Mortgagee may determine in its absolute discretion. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Mortgagee is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Loan Documents to the Agent Mortgagee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee, as the Agentcase may be. In no event shall the AgentMortgagee, in the exercise of the remedies provided in this Security Agreement Mortgage (including including, without limitation limitation, in connection with the assignment of Rents to the AgentMortgagee, or the appointment of a receiver and the entry of such receiver onto on to all or any part of the LandMortgaged Property), be deemed a "mortgagee “Mortgagee in possession" or a "pledgee in possession", ,” and the Agent Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent Mortgagee shall be entitled to enforce payment of the indebtedness and performance of the Obligations any indebtedness or obligations secured hereby and to exercise all rights and powers under this Security Agreement Mortgage or under any of the other Operative Agreements Credit Instrument or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Mortgage nor its enforcementenforcement whether by court action or pursuant to the other powers herein contained, shall prejudice or in any manner affect the AgentMortgagee's right to realize upon or enforce any other security now or hereafter held by the AgentMortgagee, it being agreed that the Agent Mortgagee shall be entitled to enforce this Security Agreement Mortgage and any other security now or hereafter held by the Agent Mortgagee in such order and manner as the Agent may determine Mortgagee may, in its absolute discretiondiscretion determine. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Mortgagee is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Loan Instruments to the Agent or to which it may otherwise be entitled, Mortgagee may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Agent. In no event shall the Agent, in the exercise of the remedies provided in this Security Agreement (including without limitation in connection with the assignment of Rents to the Agent, or the appointment of a receiver Mortgagee and the entry of such receiver onto all or any part of the Land), be deemed a "mortgagee in possession" or a "pledgee in possession", and the Agent shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such Mortgagee may pursue inconsistent remedies.

Remedies Not Exclusive. The Agent Trustee and Beneficiary, and each of them, shall be entitled to enforce payment of the indebtedness and performance of the Obligations any indebtedness or obligation secured hereby and to exercise all rights and powers under this Security Agreement Deed of Trust or under any of the other Operative Agreements Agency Loan Document or other agreements agreement or any laws law now or hereafter in force, notwithstanding some or all of the Obligations said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, mortgage, security agreement, pledge, Lienlien, assignment assignment, or otherwise. Neither the acceptance of this Security Agreement Deed of Trust nor its enforcementenforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect the Agent's Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by the AgentTrustee or Beneficiary, it being agreed that the Agent Trustee and Beneficiary, and each of them, shall be entitled to enforce this Security Agreement Deed of Trust and any other security for the obligations hereby secured now or hereafter held by the Agent Beneficiary or Trustee in such order and manner as the Agent they may determine in its their absolute discretiondiscretion determine. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Trustee or Beneficiary is intended to be exclusive of any other remedy herein herein, or therein granted to Beneficiary under any other agreement, or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Agency Loan Documents to the Agent Trustee or Beneficiary or to which it either of them may be otherwise be entitled, entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Agent. In no event shall the Agent, in the exercise of the remedies provided in this Security Agreement (including without limitation in connection with the assignment of Rents to the Agent, Trustee or the appointment of a receiver and the entry of such receiver onto all or any part of the Land), be deemed a "mortgagee in possession" or a "pledgee in possession"Beneficiary, and the Agent shall not either of them may pursue inconsistent remedies. Trustor may be joined in any way be made liable for any act, either action brought by Beneficiary to foreclose under or otherwise enforce this Deed of commission or omission, in connection with the exercise of such remediesTrust.

Remedies Not Exclusive. The Agent Grantee shall be entitled to enforce payment of the indebtedness Indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement Deed or under any of the other Operative Agreements Loan Documents or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Indebtedness and Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgageDeed, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Deed nor its enforcement, shall prejudice or in any manner affect the Agent's Grantee’s right to realize upon or enforce any other security now or hereafter held by the AgentGrantee, it being agreed that the Agent Grantee shall be entitled to enforce this Security Agreement Deed and any other security now or hereafter held by the Agent Grantee in such order and manner as the Agent Grantee may determine in its absolute discretion. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Grantee is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Loan Documents to the Agent Grantee or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the AgentGrantee. In no event shall the AgentGrantee, in the exercise of the remedies provided in this Security Agreement Deed (including including, without limitation limitation, in connection with the assignment of Rents to the AgentGrantee, or the appointment of a receiver and the entry of such receiver onto on to all or any part of the LandProperty), be deemed a "mortgagee “Grantee in possession" or a "pledgee in possession", ,” and the Agent Grantee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent Mortgagee shall be entitled to enforce payment of the indebtedness and performance of the Secured Obligations and to exercise all rights and powers under this Security Agreement Mortgage or under any of the other Operative Agreements Loan Documents or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Secured Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Mortgage nor its enforcement, enforcement shall prejudice or in any manner affect the Agent's right Mortgagee’s rights to realize upon or enforce any other security now or hereafter held by the AgentMortgagee, it being agreed that the Agent Mortgagee shall be entitled to enforce this Security Agreement Mortgage and any other security now or hereafter held by the Agent Mortgagee in such order and manner as the Agent Mortgagee may determine in its absolute discretion. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Mortgagee is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Loan Documents to the Agent Mortgagee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee, as the Agentcase may be. In no event shall the AgentMortgagee, in the exercise of the remedies provided in this Security Agreement Mortgage (including including, without limitation limitation, in connection with the assignment of Rents to the AgentMortgagee, or the appointment of a receiver and the entry of such receiver onto on to all or any part of the LandMortgaged Property), be deemed a "mortgagee “Mortgagee in possession" or a "pledgee in possession", ,” and the Agent Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent Mortgagee shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement Mortgage or under any of the other Operative Agreements Loan Documents or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Mortgage nor its enforcement, shall prejudice or in any manner affect the Agent's Mortgagee’s right to realize upon or enforce any other security now or hereafter held by the AgentMortgagee, it being agreed that the Agent Mortgagee shall be entitled to enforce this Security Agreement Mortgage and any other security now or hereafter held by the Agent Mortgagee in such order and manner as the Agent Mortgagee may determine in its absolute discretion. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Mortgagee is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every Subject to the terms and provisions of the Credit Agreement, every power or remedy given by any of the Operative Agreements Loan Documents to the Agent Mortgagee or to which it Mortgagee may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee as the Agentcase may be. In no event shall the AgentMortgagee, in the exercise of the remedies provided in this Security Agreement Mortgage (including including, without limitation limitation, in connection with the assignment of Rents to the AgentMortgagee, or the appointment of a receiver and the entry of such receiver onto on to all or any part of the LandMortgaged Property), be deemed a "“mortgagee in possession" or a "pledgee in possession", ,” and the Agent Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.. 

Remedies Not Exclusive. The Agent MORTGAGEE shall be entitled to enforce payment of the indebtedness and performance of the any indebtedness or Obligations and to exercise all rights and powers under this Security Agreement Mortgage or under the Note and other Loan Documents or any of the other Operative Agreements or other agreements agreement executed in connection herewith or any laws now or hereafter in force, notwithstanding some or all of the such indebtedness and Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Mortgage nor its enforcement, whether by court action or other powers herein contained, shall prejudice or in any manner affect the Agent's MORTGAGEE'S right to realize upon or enforce any other security now or hereafter held by the AgentMORTGAGEE, it being agreed that the Agent MORTGAGEE shall be entitled to enforce this Security Agreement Mortgage and any other security now or hereafter held by the Agent MORTGAGEE in such order and manner as the Agent MORTGAGEE may determine in its sole and absolute discretiondiscretion determine. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent MORTGAGEE is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given gives hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements provided under this Mortgage to the Agent MORTGAGEE or to which it may be otherwise be entitled, may be exercised, concurrently concurrer7aly or independently, from time to time and land as often as may be deemed expedient by the Agent. In no event shall the AgentMORTGAGEE and, in the exercise of the remedies provided in this Security Agreement (including without limitation in connection with the assignment of Rents to the Agent, or the appointment of a receiver and the entry of such receiver onto all or any part of the Land), be deemed a "mortgagee in possession" or a "pledgee in possession", and the Agent shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.MORTGAGEE may pursue OR145627;1

Remedies Not Exclusive. The Agent shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement or under any of the other Operative Agreements or other agreements or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lien, assignment or otherwise. Neither the acceptance of this Security Agreement nor its enforcement, shall prejudice or in any manner affect the Agent's ’s right to realize upon or enforce any other security now or hereafter held by the AgentAgent as security for the Obligations, it being agreed that the Agent shall be entitled to enforce this Security Agreement and any other security now or hereafter held by the Agent in such order and manner as the Agent may determine in its absolute discretion. No remedy conferred hereunder or under any other Operative Agreement upon or reserved to the Agent is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements to the Agent or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Agent. In no event shall the Agent, in the exercise of the remedies provided in this Security Agreement (including without limitation in connection with the assignment of Rents rents to the Agent, or the appointment of a receiver and the entry of such receiver onto all or any part of the LandProperty), be deemed a "“mortgagee in possession" ” or a "“pledgee in possession"”, and the Agent shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent Mortgagee shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement Mortgage or under any of the other Operative Agreements Credit Documents or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Mortgage nor its enforcement, shall prejudice or in any manner affect the Agent's right Mortgagee’s rights to realize upon or enforce any other security now or hereafter held by the AgentMortgagee, it being agreed that the Agent Mortgagee shall be entitled to enforce this Security Agreement Mortgage and any other security now or hereafter held by the Agent Mortgagee in such order and manner as the Agent Mortgagee may determine in its absolute discretion. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Mortgagee is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Credit Documents to the Agent or to which it may otherwise be entitled, Mortgagee may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee, as the Agentcase may be. In no event shall the AgentMortgagee, in the exercise of the remedies provided in this Security Agreement Mortgage (including including, without limitation limitation, in connection with the assignment of Rents to the AgentMortgagee, or the appointment of a receiver and the entry of such receiver onto on to all or any part of the LandMortgaged Property), be deemed a "“mortgagee in possession" or a "pledgee in possession", ,” and the Agent Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent shall Trustee and Administrative Agent, and each of them, will be entitled to enforce payment of the indebtedness and performance of any and all of the Obligations and to exercise all rights and powers under this Security Agreement or the Loan Documents and under any of the other Operative Agreements or other agreements or any laws law now or hereafter in forceeffect, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lien, assignment secured or otherwiseguaranteed. Neither the acceptance of this Security Agreement Instrument nor its enforcement, shall whether by court action or pursuant to the power of sale or other rights herein contained, will prejudice or in any manner affect the Trustee’s or Administrative Agent's ’s right to realize upon or enforce any other security or guaranty now or hereafter held by the Trustee or Administrative Agent, it being agreed that the Agent shall be Trustee and Administrative Agent, and each of them are entitled to enforce this Security Agreement Instrument and any other security or any guaranty now or hereafter held by the Administrative Agent or Trustee in such order and manner as the Agent they or either of them may determine in its their absolute discretiondiscretion determine. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Trustee or Administrative Agent is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be is cumulative and shall will be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statuteunder the law. Every power or remedy given by any of the Operative Agreements Loan Documents or by law to the Trustee or Administrative Agent or to which it either of them may be otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Agent. In no event shall the AgentTrustee or Administrative Agent and, in the exercise of the remedies provided in this Security Agreement (including without limitation in connection with the assignment of Rents to the Agent, or the appointment of a receiver and the entry of such receiver onto all or any part of the Land), be deemed a "mortgagee in possession" or a "pledgee in possession", and the Agent shall not in any way be made liable for any actextent permitted by law, either of commission or omission, in connection with the exercise of such them may pursue inconsistent remedies.

Remedies Not Exclusive. The Agent Mortgagee shall be entitled to enforce payment of the indebtedness and performance of the Credit Agreement Obligations and to exercise all rights and powers under this Security Agreement Mortgage or under any of the other Operative Agreements Loan Documents or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Secured Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Mortgage nor its enforcement, shall prejudice or in any manner affect the Agent's right Mortgagee’s rights to realize upon or enforce any other security now or hereafter held by the AgentMortgagee, it being agreed that the Agent Mortgagee shall be entitled to enforce this Security Agreement Mortgage and any other security now or hereafter held by the Agent Mortgagee in such order and manner as the Agent Mortgagee may determine in its absolute discretion. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Mortgagee is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Loan Documents to the Agent or to which it may otherwise be entitled, Mortgagee may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee, as the Agentcase may be. In no event shall the AgentMortgagee, in the exercise of the remedies provided in this Security Agreement Mortgage (including including, without limitation limitation, in connection with the assignment of Rents to the AgentMortgagee, or the appointment of a receiver and the entry of such receiver onto on to all or any part of the LandMortgaged Property), be deemed a "“mortgagee in possession" or a "pledgee in possession", ,” and the Agent Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent Mortgagee shall be entitled to enforce payment of the indebtedness and performance of all of the Obligations and to exercise all rights and powers under this Security Agreement Mortgage, or under any of the other Operative Agreements Security Documents, or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Mortgage nor its enforcement, shall prejudice or in any manner affect the Agent's Mortgagee’s right to realize upon or enforce any other security now or hereafter held by the AgentMortgagee, it being agreed that the Agent Mortgagee shall be entitled to enforce this Security Agreement Mortgage and any other security now or hereafter held by the Agent Mortgagee in such order and manner as the Agent Mortgagee may determine in its absolute discretion. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Mortgagee is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by the Credit Agreement or any of the Operative Agreements Other Documents to the Agent Mortgagee or to which it Mortgagee may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the AgentMortgagee. In no event shall the AgentMortgagee, in the exercise of the remedies provided in this Security Agreement Mortgage (including including, without limitation limitation, in connection with the assignment of Rents to the AgentMortgagee, or the appointment of a receiver and the entry of such receiver onto on to all or any part of the LandMortgaged Property), be deemed a "mortgagee “beneficiary in possession" or a "pledgee in possession", ,” and the Agent Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent Beneficiary and Trustee shall be entitled to enforce payment of the indebtedness Obligations and performance of the Performance Obligations and to exercise all rights and powers under this Security Agreement Deed of Trust or under any of the other Operative Agreements Loan Documents or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations and Performance Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Deed of Trust nor its enforcement, shall prejudice or in any manner affect the AgentBeneficiary's or Trustee's right to realize upon or enforce any other security now or hereafter held by the AgentBeneficiary or Trustee, it being agreed that the Agent Beneficiary and Trustee shall be entitled to enforce this Security Agreement Deed of Trust and any other security now or hereafter held by the Agent Beneficiary or Trustee in such order and manner as the Agent Beneficiary may determine in its absolute discretion. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Beneficiary or Trustee is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Loan Documents to the Agent Beneficiary or Trustee or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Beneficiary or Trustee, as the Agentcase may be. In no event shall the AgentBeneficiary, in the exercise of the remedies provided in this Security Agreement Deed of Trust (including including, without limitation limitation, in connection with the assignment of Rents to the AgentBeneficiary, or the appointment of a receiver and the entry of such receiver onto on to all or any part of the LandTrust Property), be deemed a "mortgagee Beneficiary in possession," or a "pledgee in possession", and the Agent neither Beneficiary nor Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent Grantee shall be entitled to enforce payment of the indebtedness Indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement Deed or under any of the other Operative Agreements Loan Documents or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Indebtedness and Obligations may now or hereafter be otherwise secured, whether by deed of trustto secure debt, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Deed nor its enforcement, shall prejudice or in any manner affect the AgentGrantee's right to realize upon or enforce any other security now or hereafter held by the AgentGrantee, it being agreed that the Agent Grantee shall be entitled to enforce this Security Agreement Deed and any other security now or hereafter held by the Agent Grantee in such order and manner as the Agent Grantee may determine in its absolute discretion. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Grantee is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Loan Documents to the Agent Grantee or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the AgentGrantee. In no event shall the AgentGrantee, in the exercise of the remedies provided in this Security Agreement Deed (including including, without limitation limitation, in connection with the assignment of Rents to the AgentGrantee, or the appointment of a receiver and the entry of such receiver onto on to all or any part of the LandSubject Property), be deemed a "mortgagee in possession," or a "pledgee in possession", and the Agent Grantee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent Trustee and Beneficiary shall be entitled to enforce payment of the indebtedness Obligations and performance of the Obligations and to exercise all rights and powers under the Indenture or this Security Agreement Deed of Trust or under any of the other Operative Agreements Security Documents or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Deed Of Trust nor its enforcement, enforcement shall prejudice or in any manner affect the AgentTrustee's and Beneficiary's right to realize upon or enforce any other security now or hereafter held by the Agent, it being agreed that the Agent Trustee or Beneficiary. Trustee and Beneficiary shall be entitled to enforce this Security Agreement Deed Of Trust and any other security now or hereafter held by the Agent Trustee or Beneficiary in such order and manner as the Agent Trustee or Beneficiary may determine in its absolute discretion. No To the extent permitted by law, no remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent is intended to be exclusive of any other remedy herein herein, in the Indenture or therein in any other Security Document or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every To the extent permitted by law, every power or remedy given by this Deed Of Trust, the Indenture or any of the Operative Agreements other Security Documents to the Agent Trustee or Beneficiary or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the AgentTrustee or Beneficiary. In no event shall the AgentTrustee or Beneficiary, in the exercise of the remedies provided in this Security Agreement Deed Of Trust (including including, without limitation limitation, in connection with the assignment of Rents to the AgentRents, or the appointment of a receiver and the entry of such receiver onto all or any part of the LandTrust Property), be deemed a "mortgagee in possession," or a "pledgee in possession", and the Agent Trustee and Beneficiary shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement or under any of the other Operative Agreements or other agreements or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lien, assignment or otherwise. Neither the acceptance of this Security Agreement nor its enforcement, shall prejudice or in any manner affect the Agent's ’s right to realize upon or enforce any other security now or hereafter held by the AgentAgent as security for the Obligations, it being agreed that the Agent shall be entitled to enforce this Security Agreement and any other security now or hereafter held by the Agent in such order and manner as the Agent may determine in its absolute discretion. No remedy conferred hereunder or under any other Operative Agreement upon or reserved to the Agent is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements to the Agent or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Agent. In no event shall the Agent, in the exercise of the remedies provided in this Security Agreement (including without limitation in connection with the assignment of Rents to the Agent, or the appointment of a receiver and the entry of such receiver onto all or any part of the LandProperty), be deemed a "“mortgagee in possession" ” or a "“pledgee in possession"”, and the Agent shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent Mortgagee shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement Mortgage or under any of the other Operative Collateral Agreements or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Mortgage nor its enforcement, shall prejudice or in any manner affect the AgentMortgagee's right rights to realize upon or enforce any other security now or hereafter held by the AgentMortgagee, it being agreed that the Agent Mortgagee shall be entitled to enforce this Security Agreement Mortgage and any other security now or hereafter held by the Agent Mortgagee in such order and manner as the Agent Mortgagee may determine in its absolute discretion. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Mortgagee is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Collateral Agreements to the Agent Mortgagee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the AgentMortgagee, as the case may be. In no event shall the AgentMortgagee, in the exercise of the remedies provided in this Security Agreement Mortgage (including including, without limitation limitation, in connection with the assignment of Rents to the AgentMortgagee, or the appointment of a receiver and the entry of such receiver onto on to all or any part of the LandMortgaged Property), be deemed a "mortgagee in possession," or a "pledgee in possession", and the Agent Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent Trustee and Beneficiary, and each of them, shall be entitled to enforce payment of the indebtedness and performance of the any Secured Obligations and to exercise all rights and powers under this Security Agreement Deed of Trust or under any of the other Operative Agreements Loan Documents or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the said Secured Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, mortgage, security agreement, pledge, Lienlien, guaranty, assignment or otherwise. Neither the acceptance of this Security Agreement Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect the AgentTrustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by the AgentTrustee or Beneficiary, it being agreed that the Agent Trustee and Beneficiary, and each of them, shall be entitled to enforce this Security Agreement Deed of Trust and any other security now or hereafter held by the Agent Beneficiary or Trustee in such order and manner as the Agent they or either of them may determine in its their absolute discretiondiscretion determine. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Trustee or Beneficiary is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Loan Documents to the Agent Trustee or Beneficiary or to which it either of them may be otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. The failure on the Agent. In no event part of Beneficiary to promptly enforce any right hereunder shall the Agent, in the exercise of the remedies provided in this Security Agreement (including without limitation in connection with the assignment of Rents to the Agent, or the appointment of not operate as a receiver and the entry waiver of such receiver onto all or any part of the Land), be deemed a "mortgagee in possession" or a "pledgee in possession", and the Agent shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remediesright.

Remedies Not Exclusive. The Agent Trustee shall be entitled to ---------------------- enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement Deed of Trust or under any of the other Operative Agreements Documents or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, deed to secure debt, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Deed of Trust nor its enforcement, shall prejudice or in any manner affect the AgentTrustee's right to realize upon or enforce any other security now or hereafter held by the AgentTrustee, it being agreed that the Agent Trustee shall be entitled to enforce this Security Agreement Deed of Trust and any other security now or hereafter held by the Agent Trustee in such order and manner as the Trustee or the Agent may determine in its or their absolute discretion. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Trustee or the Agent is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Documents to the Trustee or the Agent or to which it they may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Agent. In no event shall the AgentTrustee, in the exercise of the remedies provided in this Security Agreement Deed of Trust (including including, without limitation limitation, in connection with the assignment of Rents Rent to the Agent, or the appointment of a receiver and the entry of such receiver onto on to all or any part of the LandTrust Property), be deemed a "mortgagee in possession," or a "pledgee in possession", and the Agent Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent Beneficiary shall be entitled to enforce payment of the indebtedness Indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement Deed of Trust or under any of the other Operative Agreements Loan Documents or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Indebtedness and Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Deed of Trust nor its enforcement, shall prejudice or in any manner affect the Agent's Beneficiary’s right to realize upon or enforce any other security now or hereafter held by the AgentBeneficiary, it being agreed that the Agent Beneficiary shall be entitled to enforce this Security Agreement Deed of Trust and any other security now or hereafter held by the Agent Beneficiary in such order and manner as the Agent Beneficiary may determine in its absolute discretion. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Beneficiary is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in San Diego County, CA addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Loan Documents to the Agent Beneficiary or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the AgentBeneficiary. In no event shall the AgentBeneficiary, in the exercise of the remedies provided in this Security Agreement Deed of Trust (including including, without limitation limitation, in connection with the assignment of Rents to the AgentBeneficiary, or the appointment of a receiver and the entry of such receiver onto on to all or any part of the LandMortgaged Property), be deemed a "“mortgagee in possession" or a "pledgee in possession", ,” and the Agent Beneficiary shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent Mortgagee shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement Mortgage or under any of the other Operative Agreements Loan Documents or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Mortgage nor its enforcement, shall prejudice or in any manner affect the Agent's right Mortgagee’s rights to realize upon or enforce any other security now or hereafter held by the AgentMortgagee, it being agreed that the Agent Mortgagee shall be entitled to enforce this Security Agreement Mortgage and any other security now or hereafter held by the Agent Mortgagee in such order and manner as the Agent Mortgagee may determine in its absolute discretion. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Mortgagee is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Loan Documents to the Agent Mortgagee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee, as the Agentcase may be. In no event shall the AgentMortgagee, in the exercise of the remedies provided in this Security Agreement Mortgage (including without limitation in connection with the assignment of Rents to the AgentMortgagee, or the appointment of a receiver and the entry of such receiver onto on to all or any part of the LandMortgaged Property), be deemed a "mortgagee “Mortgagee in possession" or a "pledgee in possession", ,” and the Agent Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent Trustee and Lender, and each of them, shall be entitled to enforce payment of the indebtedness and performance of the Obligations any indebtedness or obligation secured hereby and to exercise all rights and powers under this Security Agreement Deed of Trust or under any of the other Operative Agreements Loan Document or other agreements agreement or any laws law now or hereafter in force, notwithstanding some or all of the Obligations said indebtedness and obligation secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Deed of Trust nor its enforcementenforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect the AgentTrustee's or Lender's right to realize upon or enforce any other security now or hereafter held by the AgentTrustee or Lender, it being agreed that the Agent Trustee and Lender, and each of them, shall be entitled to enforce this Security Agreement Deed of Trust and any other security now or hereafter held by the Agent Lender or Trustee in such order or r and manner as the Agent they may determine in its m their absolute discretiondiscretion determine. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Trustee or Lender is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Financing Documents to the Agent Trustee or Lender or to which it either of them may be otherwise be entitled, entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Agent. In no event shall the Agent, in the exercise of the remedies provided in this Security Agreement (including without limitation in connection with the assignment of Rents to the Agent, or the appointment of a receiver and the entry of such receiver onto all or any part of the Land), be deemed a "mortgagee in possession" or a "pledgee in possession", and the Agent shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.21

Remedies Not Exclusive. The Agent Mortgagee shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement Mortgage or under any of the other Operative Agreements Loan Documents or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Mortgage nor its enforcement, shall prejudice or in any manner affect the AgentMortgagee's right rights to realize upon or enforce any other security now or hereafter held by the AgentMortgagee, it being agreed that the Agent Mortgagee shall be entitled to enforce this Security Agreement Mortgage and any other security now or hereafter held by the Agent Mortgagee in such order and manner as the Agent Mortgagee may determine in its absolute discretion. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Mortgagee is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Loan Documents to the Agent Mortgagee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee, as the Agentcase may be. In no event shall the AgentMortgagee, in the exercise of the remedies provided in this Security Agreement Mortgage (including including, without limitation limitation, in connection with the assignment of Rents to the AgentMortgagee, or the appointment of a receiver and the entry of such receiver onto on to all or any part of the LandMortgaged Property), be deemed a "mortgagee in possession," or a "pledgee in possession", and the Agent Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent Mortgagee shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement Mortgage or under any of the other Operative Agreements Loan Documents or other agreements agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lienlien, assignment or otherwise. Neither the acceptance of this Security Agreement Mortgage nor its enforcement, shall prejudice or in any manner affect the AgentMortgagee's right to realize upon or enforce any other security now or hereafter held by the AgentMortgagee, it being agreed that the Agent Mortgagee shall be entitled to enforce this Security Agreement Mortgage and any other security now or hereafter held by the Agent Mortgagee in such order and manner as the Agent Mortgagee may determine in its absolute discretion. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent Mortgagee is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements Loan Documents to the Agent Mortgagee or to which it may otherwise be entitled, may be exercised, 334 concurrently or independently, from time to time and as often as may be deemed expedient by the AgentMortgagee. In no event shall the AgentMortgagee, in the exercise of the remedies provided in this Security Agreement Mortgage (including including, without limitation limitation, in connection with the assignment of Rents to the AgentMortgagee, or the appointment of a receiver and the entry of such receiver onto on to all or any part of the LandMortgaged Property), be deemed a "mortgagee in possession," or a "pledgee in possession", and the Agent Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. The Agent shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Security Agreement or under any of the other Operative Agreements or other agreements agreement or any laws now or hereafter in force, notwithstanding that some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, Lien, assignment or otherwise. Neither the acceptance of this Security Agreement nor its enforcement, shall prejudice or in any manner affect the Agent's right to realize upon or enforce any other security now or hereafter held by the Administrative Agent, it being agreed that the Agent shall be entitled to enforce this Security Agreement and any other security now or hereafter held by the Agent in such order and manner as the Agent may determine in its absolute discretion. No remedy herein conferred hereunder or under any other Operative Agreement upon or reserved to the Agent is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Operative Agreements to the Agent or the Administrative Agent or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Agent or the Administrative Agent. In no event shall the Agent, in the exercise of the remedies provided in this Security Agreement (including without limitation in connection with the assignment of Rents to the Agent, or the appointment of a receiver and the entry of such receiver onto all or any part of the Land), be deemed a "mortgagee in possession" or a "pledgee in possession", and the Agent shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.