Common use of Right of Foreclosure Clause in Contracts

Right of Foreclosure. (a) Upon the occurrence of a Noticed Event of Default, the Beneficiary shall have the right, in its sole discretion, to instruct the Trustee to proceed at law or in equity to foreclose this Deed of Trust with respect to all or any portion of the Trust Property, in accordance with the applicable laws of jurisdiction in which the Trust Property is located. If the Trust Property consists of several lots, parcels or items of Trust Property, the Beneficiary may, in its sole discretion instruct the Trustee to: (i) designate the order in which such lots, parcels or items shall be offered for sale or sold, or (ii) elect to sell such lots, parcels or items through a single sale, or through two or more successive sales, or in any other manner the Beneficiary deems in its best interest. Should the Beneficiary desire that more than one sale or other disposition of the Trust Property be conducted, the Beneficiary may, at its option, instruct the Trustee to cause the same to be conducted simultaneously, or successively, on the same day, or at such different days or times and in such order as the Beneficiary may deem to be in its best interests, and no such sale shall terminate or otherwise affect the lien of this Deed of Trust on any part of the Trust Property not sold until all Obligations have been fully paid and performed. The Beneficiary may elect to sell the Trust Property for cash or credit. The Beneficiary may, to the extent permitted by law, instruct the Trustee to adjourn from time to time any sale by it to be made under or by virtue of this Deed of Trust by announcement at the time and place appointed for such sale or for such adjourned sale or sales; and, except as otherwise provided by an applicable provision of law, the Beneficiary may make such sale at the time and place to which the same shall be so adjourned. With respect to all components of the Trust Property, the Beneficiary is hereby irrevocably appointed the true and lawful attorney-in-fact of the Trustor (coupled with an interest), in its name and stead, to make all necessary conveyances, assignments, transfers and deliveries of the Trust Property in connection with any foreclosure of this Deed of Trust, and for that purpose the Beneficiary may execute all necessary instruments of conveyance, assignment, transfer and delivery, and may substitute one or more persons with such power, the Trustor hereby ratifying and confirming all that its said attorney-in-fact or such substitute or substitutes shall lawfully do by virtue hereof. Notwithstanding the foregoing, the Trustor, if so requested by the Beneficiary, shall ratify and confirm any such sale or sales by executing and delivering to the Beneficiary or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of the Beneficiary, for such purpose, and as may be designated in such request. To the extent permitted by law, any such sale or sales made under or by virtue of this Article IV shall operate to divest all the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of the Trustor in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against the Trustor and against any and all persons claiming or who may claim the same, or any part thereof, from, through or under the Trustor. Upon any sale made under or by virtue of this Article IV, the Beneficiary may, to the extent permitted by law, bid for and acquire the Trust Property or any part thereof and in lieu of paying cash therefor may make settlement for the purchase price by crediting upon the Obligations secured hereby the net sales price after deducting therefrom the expenses of the sale and the cost of the action and any other sums which the Beneficiary is authorized to deduct by law or under this Deed of Trust.

Right of Foreclosure. (a) Upon the occurrence of a Noticed Event of Default, the Beneficiary Mortgagee shall have the right, in its sole discretion, to instruct the Trustee to proceed at law or in equity to foreclose this Deed of Trust Mortgage with respect to all or any portion of the Trust PropertyProperty by judicial sale under the judgment of a Court of competent jurisdiction, in accordance with the applicable laws of jurisdiction in which the Trust Property is located. If the Trust Property consists of several lots, parcels or items of Trust Property, the Beneficiary Mortgagee may, in its sole discretion instruct the Trustee todiscretion: (i) designate the order in which such lots, parcels or items shall be offered for sale or sold, or (ii) elect to sell such lots, parcels or items through a single sale, or through two or more successive sales, or in any other manner the Beneficiary Mortgagee deems in its best interest. Should the Beneficiary Mortgagee desire that more than one sale or Amended and Restated Mortgage — Cherokee County, SC other disposition of the Trust Property be conducted, the Beneficiary Mortgagee may, at its option, instruct the Trustee to cause the same to be conducted simultaneously, or successively, on the same day, or at such different days or times and in such order as the Beneficiary Mortgagee may deem to be in its best interests, and no such sale shall terminate or otherwise affect the lien of this Deed of Trust Mortgage on any part of the Trust Property not sold until all Obligations have been fully paid and performed. The Beneficiary Mortgagee may elect to sell the Trust Property for cash or credit. The Beneficiary Mortgagee may, to the extent permitted by law, instruct the Trustee to adjourn from time to time any sale by it to be made under or by virtue of this Deed of Trust Mortgage by announcement at the time and place appointed for such sale or for such adjourned sale or sales; and, except as otherwise provided by an applicable provision of law, the Beneficiary Mortgagee may make such sale at the time and place to which the same shall be so adjourned. With respect to all components of the Trust PropertyProperty and to the extent allowed by applicable law, the Beneficiary Mortgagee is hereby irrevocably appointed the true and lawful attorney-in-fact of the Trustor Mortgagor (coupled with an interest), in its name and stead, to make all necessary conveyances, assignments, transfers and deliveries of the Trust Property in connection with any foreclosure of this Deed of TrustMortgage, and for that purpose the Beneficiary Mortgagee may execute all necessary instruments of conveyance, assignment, transfer and delivery, and may substitute one or more persons with such power, the Trustor Mortgagor hereby ratifying and confirming all that its said attorney-in-fact or such substitute or substitutes shall lawfully do by virtue hereof. Notwithstanding the foregoing, the TrustorMortgagor, if so requested by the BeneficiaryMortgagee, shall ratify and confirm any such sale or sales by executing and delivering to the Beneficiary Mortgagee or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of the BeneficiaryMortgagee, for such purpose, and as may be designated in such request. To the extent permitted by law, any such sale or sales made under or by virtue of this Article IV shall operate to divest all the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of the Trustor Mortgagor in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against the Trustor Mortgagor and against any and all persons claiming or who may claim the same, or any part thereof, from, through or under the TrustorMortgagor. Upon any sale made under or by virtue of this Article IV, the Beneficiary Mortgagee may, to the extent permitted by law, bid for and acquire the Trust Property or any part thereof and in lieu of paying cash therefor may make settlement for the purchase price by crediting upon the Obligations secured hereby the net sales price after deducting therefrom the expenses of the sale and the cost of the action and any other sums which the Beneficiary Mortgagee is authorized to deduct by law or under this Deed of TrustMortgage.

Right of Foreclosure. (a) Upon the occurrence of a Noticed Event of Default, the Beneficiary shall have the right, in its sole discretion, to declare all sums secured hereby immediately due and payable as provided in the Credit Agreement and to instruct the Trustee to proceed at law or in equity to foreclose this Deed of Trust with respect to all or any portion of the Trust Property, in accordance with the applicable laws Property by poser of jurisdiction in which the Trust Property is locatedsale upon such notice and according to such procedures as may be required by law. If the Trust Property consists of several lots, parcels or items of Trust Property, the Beneficiary may, in its sole discretion discretion, to the extent permitted by law, instruct the Trustee to: (i) designate the order in which such lots, parcels or items shall be offered for sale or sold, or (ii) elect to sell such lots, parcels or items through a single sale, or through two or more successive sales, or in any other manner the Beneficiary deems in its best interest. Should the Beneficiary desire that more than one sale or other disposition of the Trust Property be conducted, the Beneficiary maymay to the extent permitted by law, at its option, instruct the Trustee to cause the same to be conducted simultaneously, or successively, on the same day, or at such different days or times and in such order as the Beneficiary may deem to be in its best interests, and no such sale shall terminate or otherwise affect the lien of this Deed of Trust on any part of the Trust Property not sold until all Obligations have been fully paid and performed. The Beneficiary may elect to sell the Trust Property for cash or credit. The Beneficiary may, to the extent permitted by law, instruct the Trustee to adjourn from time to time any sale by it to be made under or by virtue of this Deed of Trust by announcement at the time and place appointed for such sale or for such adjourned sale or sales; and, except as otherwise provided by an applicable provision of law, the Beneficiary may make such sale at the time and place to which the same shall be so adjourned. With respect to all components of the Trust Property, the Beneficiary is hereby irrevocably appointed the true and lawful attorney-in-fact of the Trustor (coupled with an interest), in its name and stead, to make all necessary conveyances, assignments, transfers and deliveries of the Trust Property in connection with any foreclosure of this Deed of Trust, and for that purpose the Beneficiary may execute all necessary instruments of conveyance, assignment, transfer and delivery, and may substitute one or more persons with such power, the Trustor hereby ratifying and confirming all that its said attorney-in-fact or such substitute or substitutes shall lawfully do by virtue hereof. Notwithstanding the foregoing, the Trustor, if so requested by the Beneficiary, shall ratify and confirm any such sale or sales by executing and delivering to the Beneficiary or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of the Beneficiary, for such purpose, and as may be designated in such request. To the extent permitted by law, any such sale or sales made under or by virtue of this Article IV shall operate to divest all the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of the Trustor in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against the Trustor and against any and all persons claiming or who may claim the same, or any part thereof, from, through or under the Trustor. Upon any sale made under or by virtue of this Article IV, the Beneficiary may, to the extent permitted by law, bid for and acquire the Trust Property or any part thereof and in lieu of paying cash therefor may make settlement for the purchase price by crediting upon the Obligations secured hereby the net sales price after deducting therefrom the expenses of the sale and the cost of the action and any other sums which the Beneficiary is authorized to deduct by law or under this Deed of Trust. Trustor expressly waives the statutory right of redemption under TCA Section 66-8-101. Any sale shall be held at any such location in the county in which the Trust Property is located as the foreclosure notice may specify. The Trustee may retain a professional auctioneer to preside over the bidding and the customary charge for the auctioneer’s services shall be paid from sale proceeds as an expense of sale.

Right of Foreclosure. (a) Upon the occurrence of a Noticed Event of Default, the Beneficiary Mortgagee shall have the right, in its sole discretion, to instruct the Trustee to proceed at law or in equity to foreclose this Deed of Trust Mortgage with respect to all or any portion of the Trust PropertyProperty by judicial sale under the judgment of a Court of competent jurisdiction, in accordance with the applicable laws of jurisdiction in which the Trust Property is located. If the Trust Property consists of several lots, parcels or items of Trust Property, the Beneficiary Mortgagee may, in its sole discretion instruct the Trustee todiscretion: (i) designate the order in which such lots, parcels or items shall be offered for sale or sold, or (ii) elect to sell such lots, parcels or items through a single sale, or through two or more successive sales, or in any other manner the Beneficiary Mortgagee deems in its best interest. Should the Beneficiary Mortgagee desire that more than one sale or other disposition of the Trust Property be conducted, the Beneficiary Mortgagee may, at its option, instruct the Trustee to cause the same to be conducted simultaneously, or successively, on the same day, or at such different days or times and in such order as the Beneficiary Mortgagee may deem to be in its best interests, and no such sale shall terminate or otherwise affect the lien of this Deed of Trust Mortgage on any part of the Trust Property not sold until all Obligations have been fully paid and performed. The Beneficiary Mortgagee may elect to sell the Trust Property for cash or credit. The Beneficiary Mortgagee may, to the extent permitted by law, instruct the Trustee to adjourn from time to time any sale by it to be made under or by virtue of this Deed of Trust Mortgage by announcement at the time and place appointed for such sale or for such adjourned sale or sales; and, except as otherwise provided by an applicable provision of law, the Beneficiary Mortgagee may make such sale at the time and place to which the same shall be so adjourned. With respect to all components of the Trust PropertyProperty and to the extent allowable by applicable law, the Beneficiary Mortgagee is hereby irrevocably appointed the true and lawful attorney-in-fact of the Trustor Mortgagor (coupled with an interest), in its name and stead, to make all necessary conveyances, assignments, transfers and deliveries of the Trust Property in connection with any foreclosure of this Deed of TrustMortgage, and for that purpose the Beneficiary Mortgagee may execute all necessary instruments of conveyance, assignment, transfer and delivery, and may substitute one or more persons with such power, the Trustor Mortgagor hereby ratifying and confirming all that its said attorney-in-fact or such substitute or substitutes shall lawfully do by virtue hereof. Notwithstanding the foregoing, the TrustorMortgagor, if so requested by the BeneficiaryMortgagee, shall ratify and confirm any such sale or sales by executing and delivering to the Beneficiary Mortgagee or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of the BeneficiaryMortgagee, for such purpose, and as may be designated in such request. To the extent permitted by law, any such sale or sales made under or by virtue of this Article IV shall operate to divest all the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of the Trustor Mortgagor in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against the Trustor Mortgagor and against any and all persons claiming or who may claim the same, or any part thereof, from, through or under the TrustorMortgagor. Upon any sale made under or by virtue of this Article IV, the Beneficiary Mortgagee may, to the extent permitted by law, bid for and acquire the Trust Property or any part thereof and in lieu of paying cash therefor may make settlement for the purchase price by crediting upon the Obligations secured hereby the net sales price after deducting therefrom the expenses of the sale and the cost of the action and any other sums which the Beneficiary Mortgagee is authorized to deduct by law or under this Deed of TrustMortgage.

Right of Foreclosure. (a) Upon the occurrence of a Noticed If an Event of DefaultDefault shall have occurred and be continuing, the Beneficiary Mortgagee shall have the right, in its sole discretion, to instruct the Trustee to proceed at law or in equity to foreclose this Deed of Trust Mortgage with respect to all or any portion of the Trust Mortgaged Property, either by judicial action or by power of sale. The Mortgagor hereby grants to and confers upon the Mortgagee the power to sell the Mortgaged Property or any portion thereof in the manner and pursuant to the procedures set forth in the Oklahoma Power of Sale Mortgage Foreclosure Act, 46 O.S. Sections 40-49, as amended and in effect from time to time (the "Act") or pursuant to other applicable statutory or judicial authority. If no cure is effected within the time limits set forth in the Act, the Mortgagee may accelerate the Obligations without further notice and may then proceed in the manner and subject to the conditions of the Act to send to the Mortgagor and other necessary parties a notice of sale and may sell and convey the Mortgaged Property in accordance with the applicable laws Act. The Mortgagee may foreclose this Mortgage by exercising said power of jurisdiction sale or, at the Mortgagee's sole option, by judicial foreclosure proceedings as provided by law. No action of the Mortgagee based upon the provisions contained herein or in the Act, including, without limitation, the giving of the notice of intent to foreclose by power of sale or the notice of sale, shall constitute an election of remedies which would preclude the Trust Property is locatedMortgagee from accelerating the Obligations and pursuing judicial foreclosure before or at any time after commencement of the power of sale foreclosure procedure. If the Trust Mortgaged Property consists of several lots, parcels or items of Trust Mortgaged Property, the Beneficiary Mortgagee may, in its sole discretion instruct the Trustee todiscretion: (i) designate the order in which such lots, parcels or items shall be offered for sale or sold, or (ii) elect to sell such lots, parcels or items through a single sale, or through two or more successive sales, or in any other manner the Beneficiary deems in its best interestMortgagee may elect. Should the Beneficiary Mortgagee desire that more than one sale or other disposition of the Trust Mortgaged Property be conducted, the Beneficiary Mortgagee may, at its option, instruct the Trustee to cause the same to be conducted simultaneously, or successively, on the same day, or at such different days or times and in such order as the Beneficiary Mortgagee may deem to be in its best interestselect, and no such sale shall terminate or otherwise affect the lien of this Deed of Trust Mortgage on any part of the Trust Mortgaged Property not sold until all Obligations have been fully paid in cash and performed. The Beneficiary Mortgagee may elect to sell the Trust Mortgaged Property for cash or credit. The Beneficiary Mortgagee may, to the extent permitted by law, instruct the Trustee to adjourn from time to time any sale by it to be made under or by virtue of this Deed of Trust Mortgage by announcement at the time and place appointed for such sale or for such adjourned sale or sales; and, except as otherwise provided to the extent permitted by an applicable provision of law, the Beneficiary Mortgagee may make such sale at the time and place to which the same shall be so adjourned. With Following the occurrence and during the continuance of an Event of Default, with respect to all components of the Trust Mortgaged Property, the Beneficiary Mortgagee is hereby irrevocably appointed the true and lawful attorney-in-fact of the Trustor Mortgagor (which appointment is irrevocable and coupled with an interest), in its name and stead, to make all necessary conveyances, assignments, transfers and deliveries of the Trust Property in connection with any foreclosure of this Deed of TrustMortgaged Property, and for that purpose the Beneficiary Mortgagee may execute all necessary instruments of conveyance, assignment, transfer and delivery, and may substitute one or more persons with such power, the Trustor Mortgagor hereby ratifying and confirming all that its said attorney-in-fact or such substitute or substitutes shall lawfully do by virtue hereof. Notwithstanding the foregoing, the TrustorMortgagor, if so requested by the BeneficiaryMortgagee, shall ratify and confirm any such sale or sales by executing and delivering to the Beneficiary Mortgagee or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of the BeneficiaryMortgagee, for such purpose, and as may be designated in such request. To the extent permitted by law, any such sale or sales made under or by virtue of this Article IV shall operate to divest all the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of the Trustor Mortgagor in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against the Trustor Mortgagor and against any and all persons claiming or who may claim the same, or any part thereof, from, through or under the TrustorMortgagor. Upon any sale made under or by virtue of this Article IV, the Beneficiary Mortgagee may, to the extent permitted by law, bid for and acquire the Trust Mortgaged Property or any part thereof and in lieu of paying cash therefor may make settlement for the purchase price by crediting upon the Obligations secured hereby the net sales sale price after deducting therefrom the expenses of the sale and the cost of the action and any other sums which the Beneficiary Mortgagee is authorized to deduct by law or under this Deed of TrustMortgage.

Right of Foreclosure. (a) Upon the occurrence of a Noticed Event of Default, the Beneficiary Grantee may sell and dispose of the Property at public auction, at the usual place for conducting sales at the courthouse in the county where the Property or any part thereof may be located, to the highest bidder for cash, first advertising the time, terms and place of such sale by publishing a notice thereof once a week for four consecutive weeks immediately preceding the date of sale (without regard to the actual number of days) in a newspaper in which sheriff's advertisements are published in said county, all other notice being hereby waived by the Grantor; and the Grantee may thereupon execute and deliver to the purchaser at said sale a sufficient conveyance of the Property in fee simple, which conveyance may contain recitals as to the happening of the default upon which the execution of the power of sale, herein granted, depends, and said recitals shall have be presumptive evidence that all preliminary acts prerequisite to said sale and deed were in all things duly complied with; and, following the occurrence and during the continuance of an Event of Default the Grantor hereby constitutes and appoints the Grantee or its assigns agent and attorney-in-fact to make such recitals, sale and conveyance, and all of the acts of such attorney-in-fact are hereby ratified, and the Grantor agrees that such recitals shall be binding and conclusive upon the Grantor and that the conveyance to be made by the Grantee, or its assigns (and in the event of deed in lieu of foreclosure, then as to such conveyance) shall be effectual to bar all right, title and interest, equity of redemption, including all statutory redemption, homestead, dower, curtesy and all other exemptions of the Grantor, or its successors in its sole discretioninterest, in and to instruct said Property; and the Trustee Grantor agrees that in case of a sale, as herein provided, the Grantor or any person in possession under the Grantor shall then become and be tenants holding over, and shall forthwith deliver possession to proceed the purchaser at such sale, or be summarily dispossessed in accordance with the provisions of law applicable to tenants holding over; the power and agency hereby granted are coupled with an interest and are irrevocable by dissolution, insolvency, death or otherwise, and are in addition to any and all other remedies which the Grantee may have at law or in equity to foreclose this Deed of Trust with respect to all or any equity. Any portion of the Trust Property, in accordance with the applicable laws of jurisdiction in which the Trust Property is located. If the Trust Property consists of several lots, parcels or items of Trust Property, the Beneficiary may, in its sole discretion instruct the Trustee to: (i) designate the order in which such lots, parcels or items shall be offered for sale or sold, or (ii) elect sold pursuant to sell such lots, parcels or items through a single sale, or through two or more successive sales, or in any other manner the Beneficiary deems in its best interest. Should the Beneficiary desire that more than one sale or other disposition of the Trust Property be conducted, the Beneficiary may, at its option, instruct the Trustee to cause the same to be conducted simultaneously, or successively, on the same day, or at such different days or times and in such order as the Beneficiary may deem to be in its best interests, and no such sale shall terminate or otherwise affect the lien of this Deed of Trust on any part of the Trust Property not sold until all Obligations have been fully paid and performed. The Beneficiary may elect to sell the Trust Property for cash or credit. The Beneficiary Secure Debt may, to the extent permitted by applicable law, instruct be sold in one parcel as an entirety, or in such parcels and in such manner or order as the Trustee to adjourn from time to time any sale by it to be made under or by virtue of this Deed of Trust by announcement at the time and place appointed for such sale or for such adjourned sale or sales; and, except as otherwise provided by an applicable provision of law, the Beneficiary may make such sale at the time and place to which the same shall be so adjourned. With respect to all components of the Trust Property, the Beneficiary is hereby irrevocably appointed the true and lawful attorney-in-fact of the Trustor (coupled with an interest), Grantee in its name and steadsole discretion, may elect, to make all necessary conveyances, assignments, transfers and deliveries of the Trust Property in connection with any foreclosure of this Deed of Trust, and for that purpose the Beneficiary may execute all necessary instruments of conveyance, assignment, transfer and delivery, and may substitute one or more persons with such power, the Trustor hereby ratifying and confirming all that its said attorney-in-fact or such substitute or substitutes shall lawfully do by virtue hereof. Notwithstanding the foregoing, the Trustor, if so requested by the Beneficiary, shall ratify and confirm any such sale or sales by executing and delivering to the Beneficiary or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of the Beneficiary, for such purpose, and as may be designated in such request. To the maximum extent permitted by law, the laws of the State of Georgia. One or more exercises of the powers herein granted shall not extinguish or exhaust the power unless the Obligations are paid in full in cash or the Property is sold. At any such sale sale, the Grantee, its agents, representatives, successors, or sales made under or by virtue of this Article IV shall operate to divest all assigns may bid for and acquire, as purchaser, the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of the Trustor in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against the Trustor and against any and all persons claiming or who may claim the same, Property or any part thereof, from, through or under the Trustor. Upon any sale made under or by virtue of this Article IV, the Beneficiary may, to the extent permitted by law, bid for and acquire the Trust Property or any part thereof and in lieu of paying cash therefor may make settlement for the purchase price by crediting upon the Obligations secured hereby the net sales price after deducting therefrom the expenses of the sale and the cost of the action and any other sums which the Beneficiary is authorized to deduct by law or under this Deed of Trust.

Right of Foreclosure. (a) Upon the occurrence of a Noticed Event of Default, the Beneficiary Grantee may sell and dispose of the Property at public auction, at the usual place for conducting sales at the courthouse in the county where the Property or any part thereof may be located, to the highest bidder for cash, first advertising the time, terms and place of such sale by publishing a notice thereof once a week for four consecutive weeks immediately preceding the date of sale (without regard to the actual number of days) in a newspaper in which sheriff’s advertisements are published in said county, all other notice being hereby waived by the Grantor; and the Grantee may thereupon execute and deliver to the purchaser at said sale a sufficient conveyance of the Property in fee simple, which conveyance may contain recitals as to the happening of the default upon which the execution of the power of sale, herein granted, depends, and said recitals shall have be presumptive evidence that all preliminary acts prerequisite to said sale and deed were in all things duly complied with; and, following the occurrence and during the continuance of an Event of Default the Grantor hereby constitutes and appoints the Grantee or its assigns agent and attorney-in-fact to make such recitals, sale and conveyance, and all of the acts of such attorney-in-fact are hereby ratified, and the Grantor agrees that such recitals shall be binding and conclusive upon the Grantor and that the conveyance to be made by the Grantee, or its assigns (and in the event of deed in lieu of foreclosure, then as to such conveyance) shall be effectual to bar all right, title and interest, equity of redemption, including all statutory redemption, homestead, dower, curtesy and all other exemptions of the Grantor, or its successors Amended and Restated Deed to Secure Debt — Bxxx County, GA in its sole discretioninterest, in and to instruct said Property; and the Trustee Grantor agrees that in case of a sale, as herein provided, the Grantor or any person in possession under the Grantor shall then become and be tenants holding over, and shall forthwith deliver possession to proceed the purchaser at such sale, or be summarily dispossessed in accordance with the provisions of law applicable to tenants holding over; the power and agency hereby granted are coupled with an interest and are irrevocable by dissolution, insolvency, death or otherwise, and are in addition to any and all other remedies which the Grantee may have at law or in equity to foreclose this Deed of Trust with respect to all or any equity. Any portion of the Trust Property, in accordance with the applicable laws of jurisdiction in which the Trust Property is located. If the Trust Property consists of several lots, parcels or items of Trust Property, the Beneficiary may, in its sole discretion instruct the Trustee to: (i) designate the order in which such lots, parcels or items shall be offered for sale or sold, or (ii) elect sold pursuant to sell such lots, parcels or items through a single sale, or through two or more successive sales, or in any other manner the Beneficiary deems in its best interest. Should the Beneficiary desire that more than one sale or other disposition of the Trust Property be conducted, the Beneficiary may, at its option, instruct the Trustee to cause the same to be conducted simultaneously, or successively, on the same day, or at such different days or times and in such order as the Beneficiary may deem to be in its best interests, and no such sale shall terminate or otherwise affect the lien of this Deed of Trust on any part of the Trust Property not sold until all Obligations have been fully paid and performed. The Beneficiary may elect to sell the Trust Property for cash or credit. The Beneficiary Secure Debt may, to the extent permitted by applicable law, instruct be sold in one parcel as an entirety, or in such parcels and in such manner or order as the Trustee to adjourn from time to time any sale by it to be made under or by virtue of this Deed of Trust by announcement at the time and place appointed for such sale or for such adjourned sale or sales; and, except as otherwise provided by an applicable provision of law, the Beneficiary may make such sale at the time and place to which the same shall be so adjourned. With respect to all components of the Trust Property, the Beneficiary is hereby irrevocably appointed the true and lawful attorney-in-fact of the Trustor (coupled with an interest), Grantee in its name and steadsole discretion, may elect, to make all necessary conveyances, assignments, transfers and deliveries of the Trust Property in connection with any foreclosure of this Deed of Trust, and for that purpose the Beneficiary may execute all necessary instruments of conveyance, assignment, transfer and delivery, and may substitute one or more persons with such power, the Trustor hereby ratifying and confirming all that its said attorney-in-fact or such substitute or substitutes shall lawfully do by virtue hereof. Notwithstanding the foregoing, the Trustor, if so requested by the Beneficiary, shall ratify and confirm any such sale or sales by executing and delivering to the Beneficiary or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of the Beneficiary, for such purpose, and as may be designated in such request. To the maximum extent permitted by law, the laws of the State of Georgia. One or more exercises of the powers herein granted shall not extinguish or exhaust the power unless the Obligations are paid in full in cash or the Property is sold. At any such sale sale, the Grantee, its agents, representatives, successors, or sales made under or by virtue of this Article IV shall operate to divest all assigns may bid for and acquire, as purchaser, the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of the Trustor in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against the Trustor and against any and all persons claiming or who may claim the same, Property or any part thereof, from, through or under the Trustor. Upon any sale made under or by virtue of this Article IV, the Beneficiary may, to the extent permitted by law, bid for and acquire the Trust Property or any part thereof and in lieu of paying cash therefor may make settlement for the purchase price by crediting upon the Obligations secured hereby the net sales price after deducting therefrom the expenses of the sale and the cost of the action and any other sums which the Beneficiary is authorized to deduct by law or under this Deed of Trust.

Right of Foreclosure. (a) Upon the occurrence and continuation of a Noticed an Event of Default, the Beneficiary Mortgagee shall have the right, in its sole discretion, to instruct the Trustee to proceed at law or in equity to foreclose this Deed of Trust Mortgage with respect to all or any portion of the Trust Mortgaged Property, in accordance with the applicable laws either by judicial action or by power of jurisdiction in which the Trust Property is locatedsale. If the Trust Mortgaged Property consists of several lots, parcels or items of Trust Mortgaged Property, the Beneficiary Mortgagee may, in its sole discretion instruct the Trustee to: (i) designate the order in which such lots, parcels or items shall be offered for sale or sold, or (ii) elect to sell such lots, parcels or items through a single sale, or through two or more successive sales, or in any other manner the Beneficiary deems in its best interestMortgagee may elect. Should the Beneficiary Mortgagee desire that more than one sale or other disposition of the Trust Mortgaged Property be conducted, the Beneficiary Mortgagee may, at its option, instruct the Trustee to cause the same to be conducted simultaneously, or successively, on the same day, or at such different days or times and in such order as the Beneficiary Mortgagee may deem to be in its best interestselect, and no such sale shall terminate or otherwise affect the lien of this Deed of Trust Mortgage on any part of the Trust Mortgaged Property not sold until all Obligations have been fully paid in cash and performed. The Beneficiary Mortgagee may elect to sell the Trust Mortgaged Property for cash or credit. The Beneficiary Mortgagee may, to the extent permitted by law, instruct the Trustee to adjourn from time to time any sale by it to be made under or by virtue of this Deed of Trust Mortgage by announcement at the time and place appointed for such sale or for such adjourned sale or sales; and, except as otherwise provided to the extent permitted by an applicable provision of law, the Beneficiary Mortgagee may make such sale at the time and place to which the same shall be so adjourned. With Following the occurrence and during the continuance of an Event of Default with respect to all components of the Trust Mortgaged Property, the Beneficiary Mortgagee is hereby irrevocably appointed the true and lawful attorney-in-fact of the Trustor Mortgagor (which appointment is irrevocable and coupled with an interest), in its name and stead, to make all necessary conveyances, assignments, transfers and deliveries of the Trust Property in connection with any foreclosure of this Deed of TrustMortgaged Property, and for that purpose the Beneficiary Mortgagee may execute all necessary instruments of conveyance, assignment, transfer and delivery, and may substitute one or more persons with such power, the Trustor Mortgagor hereby ratifying and confirming all that its said attorney-in-fact or such substitute or substitutes shall lawfully do by virtue hereof. Notwithstanding the foregoing, the TrustorMortgagor, if so requested by the BeneficiaryMortgagee, shall ratify and confirm any such sale or sales by executing and delivering to the Beneficiary Mortgagee or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of the BeneficiaryMortgagee, for such purpose, and as may be designated in such request. To the extent permitted by law, any such sale or sales made under or by virtue of this Article IV V shall operate to divest all the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of the Trustor Mortgagor in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against the Trustor Mortgagor and against any and all persons claiming or who may claim the same, or any part thereof, from, through or under the TrustorMortgagor. Upon any sale made under or by virtue of this Article IVV, the Beneficiary Mortgagee may, to the extent permitted by law, bid for and acquire the Trust Mortgaged Property or any part thereof and in lieu of paying cash therefor may make settlement for the purchase price by crediting upon the Obligations secured hereby the net sales sale price after deducting therefrom the expenses of the sale and the cost of the action and any other sums which the Beneficiary Mortgagee is authorized to deduct by law or under this Deed of TrustMortgage.