Common use of Entry Clause in Contracts

Entry. Irrespective of whether Beneficiary exercises the option provided in Section 4.01 above, Beneficiary in person or by agent or by court-appointed receiver may enter upon, take possession of, manage and operate the Mortgaged Property or any part thereof and do all things necessary or appropriate in Beneficiary's sole discretion in connection therewith, including, without limitation, making and enforcing, and if the same be subject to modification or cancellation, modifying or canceling Leases upon such terms or conditions as Beneficiary deems proper, obtaining and evicting tenants, and fixing or modifying rents, contracting for and making repairs and alterations, and doing any and all other acts which Beneficiary deems proper to protect the security hereof; and either with or without so taking possession, in its own name or in the name of Trustor, sue for or otherwise collect and receive the Rents and Profits, including those past due and unpaid, and apply the same less costs and expenses of operation and collection, including reasonable attorneys' fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. Upon request of Beneficiary, Trustor shall assemble and make available to Beneficiary at the site of the real property covered hereby any of the Mortgaged Property which has been removed therefrom. The entering upon and taking possession of the Mortgaged Property, or any part thereof, and the collection of any Rents and Profits and the application thereof as aforesaid shall not cure or waive any default theretofore or thereafter occurring or affect any notice or default hereunder or invalidate any act done pursuant to any such default or notice, and, notwithstanding continuance in possession of the Mortgaged Property or any part thereof by Beneficiary, Trustor or a receiver, and the collection, receipt and application of the Rents and Profits, Beneficiary shall be entitled to exercise every right provided for in this Deed of Trust or by law or in equity upon or after the occurrence of a default, including, without limitation, the right to exercise the power of sale. Any of the actions referred to in this Section 4.02 may be taken by Beneficiary irrespective of whether any notice of default or election to sell has been given hereunder and without regard to the adequacy of the security for the indebtedness hereby secured.

Entry. Irrespective of whether Beneficiary exercises the option provided in Section 4.01 above, Beneficiary in person or by agent or by court-appointed receiver may enter upon, take possession of, manage and operate the Mortgaged Property or Property, including without limitation completing construction of any part thereof improvements thereon, and do all things necessary or appropriate in Beneficiary's ’s sole discretion in connection therewith, including, including without limitation, limitation making and enforcing, and if the same be subject to modification or cancellation, modifying or canceling Leases cancelling leases upon such terms or conditions as Beneficiary deems proper, obtaining and evicting tenants, and fixing or modifying rents, contracting for and making repairs and alterations, and doing any and all other acts which Beneficiary deems proper to protect the security hereof; and either with or without so taking possession, in its own name or in the name of Trustor, sue sxx for or otherwise collect and receive the Rents and Profits, including those past due and unpaid, and apply the same less costs and expenses of operation and collection, including reasonable attorneys' ’ fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. Upon request of Beneficiary, Trustor shall assemble and make available to Beneficiary at the site of the real property covered hereby any of the Mortgaged Property which has been removed therefrom. The entering upon and taking possession of the Mortgaged Property, or any part thereof, and the collection of any Rents and Profits and the application thereof as aforesaid shall not cure or waive any default theretofore or thereafter occurring or affect any notice or default hereunder or invalidate any act done pursuant to any such default or notice, and, notwithstanding continuance in possession of the Mortgaged Property or any part thereof by Beneficiary, Trustor or a receiver, and the collection, receipt and application of the Rents and Profits, Beneficiary shall be entitled to exercise every right provided for in this Deed of Trust or by law or in equity upon or after the occurrence of a default, including, including without limitation, limitation the right to exercise the power of sale. Any of the actions referred to in this Section 4.02 may be taken by Beneficiary irrespective of whether any notice of default or election to sell has been given hereunder and without regard to the adequacy of the security for the indebtedness hereby secured.

Entry. Irrespective of whether Beneficiary exercises the option provided in Section 4.01 3.1 above, Beneficiary in person or by agent or by court-appointed receiver may enter upon, take possession of, manage and operate the Mortgaged Property or any part thereof and do all things necessary or appropriate in Beneficiary's sole ’s good faith discretion in connection therewith, including, including without limitation, making and enforcing, and if the same be subject to modification or cancellation, modifying or canceling Leases upon such terms or conditions as Beneficiary deems proper, obtaining and evicting tenants, and fixing or modifying rentslimitation inspecting for violations of any covenants of Grantor, contracting for and making repairs and alterations, and doing any and all other acts which Beneficiary deems proper to protect the security hereof; and either with or without so taking possession, in its own name or in the name of TrustorGrantor, sue xxx for or otherwise collect and receive the Rents and Profits, including those past due and unpaid, and apply the same less costs and expenses of operation and collection, including reasonable attorneys' ’ fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. Upon request of Beneficiary, Trustor shall assemble and make available to Beneficiary at the site of the real property covered hereby any of the Mortgaged Property which has been removed therefrom. The entering upon and taking possession of the Mortgaged Property, or any part thereof, and the collection of any Rents and Profits and the application thereof as aforesaid shall not cure or waive any default theretofore or thereafter occurring or affect any notice or default hereunder or invalidate any act done pursuant to any such default or notice, and, notwithstanding continuance in possession of the Mortgaged Property or any part thereof by Beneficiary, Trustor Grantor or a receiver, and the collection, receipt and application of the Rents and Profits, Beneficiary shall be entitled to exercise every right provided for in this Deed of Trust or by law or in equity upon or after the occurrence of a default, including, including without limitation, limitation the right to exercise the power of sale. Any of the actions referred to in this Section 4.02 3.3 may be taken by Beneficiary irrespective of whether any notice of default or election to sell notice of sale has been given hereunder and without regard to the adequacy of the security for the indebtedness hereby secured.

Entry. Irrespective of whether Beneficiary exercises the option provided in Section 4.01 above, Beneficiary in person or by agent or by court-appointed receiver may enter upon, take possession of, manage and operate the Mortgaged Property or any part thereof and do all things necessary or appropriate in Beneficiary's ’s sole discretion in connection therewith, including, without limitation, making and enforcing, and if the same be subject to modification or cancellation, modifying or canceling Leases upon such terms or conditions as Beneficiary deems proper, obtaining and evicting tenants, and fixing or modifying rents, contracting for and making repairs and alterations, and doing any and all other acts which Beneficiary deems proper to protect the security hereof; and either with or without so taking possession, in its own name or in the name of Trustor, sue xxx for or otherwise collect and receive the Rents and Profits, including those past due and unpaid, and apply the same less costs and expenses of operation and collection, including reasonable attorneys' ’ fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. Upon request of Beneficiary, Trustor shall assemble and make available to Beneficiary at the site of the real property covered hereby any of the Mortgaged Property which has been removed therefrom. The entering upon and taking possession of the Mortgaged Property, or any part thereof, and the collection of any Rents and Profits and the application thereof as aforesaid shall not cure or waive any default theretofore or thereafter occurring or affect any notice or default hereunder or invalidate any act done pursuant to any such default or notice, and, notwithstanding continuance in possession of the Mortgaged Property or any part thereof by Beneficiary, Trustor or a receiver, and the collection, receipt and application of the Rents and Profits, Beneficiary shall be entitled to exercise every right provided for in this Deed of Trust or by law or in equity upon or after the occurrence of a default, including, without limitation, the right to exercise the power of sale. Any of the actions referred to in this Section 4.02 may be taken by Beneficiary irrespective of whether any notice of default or election to sell has been given hereunder and without regard to the adequacy of the security for the indebtedness hereby secured.

Entry. Irrespective of whether Beneficiary exercises the option provided Beneficiary, in Section 4.01 aboveperson, Beneficiary in person or by agent or by court-court- appointed receiver receiver, may enter uponenter, take possession of, manage and operate the Mortgaged Property all or any part thereof of the Property, and may also do any and all other things necessary or appropriate in Beneficiary's sole discretion in connection therewithwith those actions that Beneficiary may consider necessary and appropriate to protect the security of this deed of trust. Such other things may include: taking and possessing all of Grantor's or the then owner's books and records; entering into, including, without limitation, making and enforcing, and if the same be subject to modification or cancellationmodifying, modifying or canceling Leases upon leases on such terms or and conditions as Beneficiary deems may consider proper, ; obtaining and evicting tenants, and ; fixing or modifying rents, ; collecting and receiving any payment of money owing to Grantor; completing any unfinished construction; and/or contracting for and making repairs and alterations. If Beneficiary so requests, and doing any and Grantor will assemble all other acts which Beneficiary deems proper to protect of the security hereof; and either with or without so taking possession, in its own name or in Property that has been removed from the name of Trustor, sue for or otherwise collect and receive the Rents and Profits, including those past due and unpaid, and apply the same less costs and expenses of operation and collection, including reasonable attorneys' fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. Upon request of Beneficiary, Trustor shall assemble Land and make all of it available to Beneficiary at the site of the real property covered hereby any of the Mortgaged Property which has been removed therefromLand. The entering upon and taking possession of the Mortgaged PropertyGRANTOR HEREBY IRREVOCABLY CONSTITUTES AND APPOINTS BENEFICIARY AS GRANTOR'S ATTORNEY-IN-FACT TO PERFORM SUCH ACTS AND EXECUTE SUCH DOCUMENTS AS BENEFICIARY CONSIDERS APPROPRIATE IN CONNECTION WITH TAKING THESE MEASURES, or any part thereof, and the collection INCLUDING ENDORSEMENT OF GRANTOR'S NAME ON ANY INSTRUMENTS. Regardless of any Rents and Profits and provision of this deed of trust or the application thereof as aforesaid shall not cure or waive any default theretofore or thereafter occurring or affect any notice or default hereunder or invalidate any act done pursuant to any such default or notice, and, notwithstanding continuance in possession of the Mortgaged Property or any part thereof by Beneficiary, Trustor or a receiver, and the collection, receipt and application of the Rents and Profitsother Secured Obligation Documents, Beneficiary shall not be entitled considered to exercise every right provided for have accepted any property other than cash or immediately available funds in this Deed satisfaction of Trust or by law or in equity upon or after the occurrence any obligation of a defaultGrantor to Beneficiary, including, without limitation, the right to exercise the power of sale. Any of the actions referred to in this Section 4.02 may be taken by unless Beneficiary irrespective of whether any has given express written notice of default or its election to sell has been given hereunder and without regard to of that remedy in accordance with the adequacy of the security for the indebtedness hereby securedUCC.

Entry. Irrespective of whether Beneficiary exercises the option provided in Section 4.01 above, Beneficiary in person or by agent or by court-appointed receiver may enter upon, take possession of, manage and operate the Mortgaged Property or any part thereof and do all things necessary or appropriate in Beneficiary's sole discretion in connection therewith, including, without limitation, making and enforcing, and if the same be subject to modification or cancellation, modifying or canceling Leases leases upon such terms or conditions as Beneficiary deems proper, obtaining and evicting tenants, and fixing or modifying rents, contracting for and making repairs and alterations, and doing any and all other acts which Beneficiary deems proper to protect the security hereof; and either with or without so taking possession, in its own name or in the name of Trustor, sue xxx for or otherwise collect and receive the Rents and Profits, including those past due and unpaid, and apply the same less costs and expenses of operation and collection, including reasonable attorneys' fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. Upon request of Beneficiary, Trustor shall assemble and make available to Beneficiary at the site of the real property covered hereby any of the Mortgaged Property which has been removed therefrom. The entering upon and taking possession of the Mortgaged Property, or any part thereof, and the collection of any Rents and Profits and the application thereof as aforesaid shall not cure or waive any default theretofore or thereafter occurring or affect any notice or default hereunder or invalidate any act done pursuant to any such default or notice, and, notwithstanding continuance in possession of the Mortgaged Property or any part thereof by Beneficiary, Trustor or a receiver, and the collection, receipt and application of the Rents and Profits, Beneficiary shall be entitled to exercise every right provided for in this Deed of Trust or by law or in equity upon or after the occurrence of a default, including, without limitation, the right to exercise the power of sale. Any of the actions referred to in this Section 4.02 may be taken by Beneficiary irrespective of whether any notice of default or election to sell has been given hereunder and without regard to the adequacy of the security for the indebtedness hereby secured.

Entry. Irrespective of whether Beneficiary exercises the option provided Beneficiary, in Section 4.01 aboveperson, Beneficiary in person or by agent or by court-appointed receiver receiver, may enter uponenter, take possession of, manage and operate the Mortgaged Property all or any part thereof and do all things necessary or appropriate in Beneficiary's sole discretion in connection therewith, including, without limitation, making and enforcingof the Property, and if the same be subject to modification or cancellation, modifying or canceling Leases upon such terms or conditions as Beneficiary deems proper, obtaining and evicting tenants, and fixing or modifying rents, contracting for and making repairs and alterations, and doing any and all other acts which Beneficiary deems proper to protect the security hereof; and either with or without so taking possession, in its own name or in the name of Trustor, Trustor sue for or otherwise collect any and receive the Rents and Profitsall Rents, including those that are past due and unpaiddue, and apply may also do any and all other things in connection with those actions that Beneficiary may in its sole and absolute discretion consider necessary and appropriate to protect the same less costs security of this Deed of Trust. Such other things may include: taking and expenses possessing all of operation Trustor’s or the then owner’s Books and collectionRecords; entering into, including reasonable attorneys' feesenforcing, upon any indebtedness secured herebymodifying, or canceling leases on such terms and in such order conditions as Beneficiary may determineconsider proper; obtaining and evicting tenants; fixing or modifying Rents (but not in excess of any applicable maximum low income rents for residential tenants); collecting and receiving any payment of money owing to Trustor; completing any unfinished construction; contracting for and making repairs and alterations; and/or performing such acts of cultivation or irrigation as necessary to conserve the value of the Property. Upon request of BeneficiaryIf Beneficiary so requests, Trustor shall assemble all of the Property that has been removed from the Land and make all of it available to Beneficiary at the site of the real property covered Land. Trustor hereby irrevocably constitutes and appoints Beneficiary as Trustor’s attorney-in-fact, with full power of substitution, to perform such acts and execute such documents as Beneficiary in its sole and absolute discretion may consider to be appropriate in connection with taking these measures, including endorsement of Trustor’s name on any of the Mortgaged Property which has been removed therefrominstruments. The entering upon and taking possession appointment granted in this Section shall be deemed to be a power coupled with an interest. Regardless of the Mortgaged Propertyany provision of this Deed of Trust, or any part thereof, and the collection of any Rents and Profits and the application thereof as aforesaid shall not cure or waive any default theretofore or thereafter occurring or affect any notice or default hereunder or invalidate any act done pursuant to any such default or notice, and, notwithstanding continuance in possession of the Mortgaged Property or any part thereof by Beneficiary, Trustor or a receiver, and the collection, receipt and application of the Rents and Profitsother Loan Document, Beneficiary shall not be entitled considered to have accepted any property other than cash or immediately available funds in satisfaction of any obligation of Trustor to Beneficiary, unless Beneficiary has given express written notice of Beneficiary’s election of that remedy in accordance with applicable law. Trustor agrees to deliver to Beneficiary all books and records pertaining to the Property, including computer-readable memory and any computer hardware or software necessary to access or process such memory, as may reasonably be requested by Beneficiary in order to enable Beneficiary to exercise every right provided for in its rights under this Deed of Trust or by law or in equity upon or after the occurrence of a default, including, without limitation, the right to exercise the power of sale. Any of the actions referred to in this Section 4.02 may be taken by Beneficiary irrespective of whether any notice of default or election to sell has been given hereunder and without regard to the adequacy of the security for the indebtedness hereby securedSection.

Entry. Irrespective of whether Beneficiary LENDER exercises the option provided in Section 4.01 3.01 above, Beneficiary LENDER in person or by agent or by court-court- appointed receiver (and XXXXXX shall have the right to the immediate appointment of such a receiver without regard to the adequacy of the security and BORROWER hereby irrevocably consents to such appointment and waives notice of any application therefor) may enter upon, take possession of, conduct tests of, manage and operate the Mortgaged Subject Property or any part thereof and do all things necessary or appropriate in BeneficiaryXXXXXX's sole discretion in connection therewiththerewith without the appointment of a receiver, or an application therefor. LENDER or its agent or a receiver may exclude BORROWER, its agents and servants, wholly therefrom, and having and holding the same, may use, operate, manage and control the Subject Property or any part thereof, and upon every such entry LENDER, at the expense of BORROWER, from time to time may have joint access with BORROWER to the books, papers and accounts of BORROWER and may make all necessary or proper repairs, renewals, replacements and useful or required alterations, additions, betterments and improvements to and upon the Subject Property as LENDER may deem judicious and pay all costs and expenses of so taking, holding and managing the same, including compensation to XXXXXX's employees and other agents (including, without limitation, making reasonable and enforcingactual attorneys' fees and management and rental commissions) and any taxes, assessments and other charges prior to the legal operation and effect of this Security Deed which LENDER may deem it wise or desirable to pay, and if in such case LENDER shall have the same be subject right to modification or cancellationmanage the Subject Property and to carry on the business and exercise all rights and powers of BORROWER, modifying or canceling Leases upon such terms or conditions as Beneficiary deems proper, obtaining and evicting tenants, and fixing or modifying rents, contracting for and making repairs and alterations, and doing any and all other acts which Beneficiary deems proper to protect the security hereof; and either with or without so taking possession, in its own name or in the name of TrustorBORROWER, sue for or otherwise otherwise, as LENDER shall deem advisable; and LENDER shall be entitled to collect and receive the Rents all rents thereof and Profits, including those past due and unpaid, and apply the same less costs and expenses of operation and collection, including reasonable attorneys' fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. Upon request of Beneficiary, Trustor shall assemble and make available to Beneficiary at the site of the real property covered hereby any of the Mortgaged Property which has been removed therefrom. The entering upon taking of possession and taking possession collections of rents by LENDER shall not be construed to be an affirmation of any lease or acceptance of attornment with respect to any lease of all or any portion of the Mortgaged Subject Property. XXXXXX may commence, appear in and/or defend any action or proceedings purporting to affect the security hereof, and/or any additional or other security therefor, the interests, rights, powers and/or duties of XXXXXX xxxxxxxxx, whether brought by or against BORROWER or XXXXXX. LENDER may pay, purchase, contest or compromise any claim, debt, lien, charge or encumbrance which in the judgment of XXXXXX may affect or appear to affect the security of this Security Deed, the interest of XXXXXX or the rights, powers and/or duties of XXXXXX xxxxxxxxx. After deducting the expenses of operating the Subject Property and of conducting the business thereof, and of all repairs, maintenance, renewals, replacements, alterations, additions, betterments, improvements and all payments which LENDER may be required or may elect to make for taxes or other proper charges on the Subject Property, or any part thereof, as well as just and the collection of any Rents reasonable compensation for all LENDER's employees and Profits and the application thereof as aforesaid shall not cure or waive any default theretofore or thereafter occurring or affect any notice or default hereunder or invalidate any act done pursuant to any such default or notice, and, notwithstanding continuance in possession of the Mortgaged Property or any part thereof by Beneficiary, Trustor or a receiver, and the collection, receipt and application of the Rents and Profits, Beneficiary shall be entitled to exercise every right provided for in this Deed of Trust or by law or in equity upon or after the occurrence of a default, other agents (including, without limitation, reasonable and actual attorneys' fees and management and rental commissions) engaged and employed, the right moneys arising as aforesaid shall be applied to exercise the power indebtedness secured hereby. Whenever all that is due upon the principal of sale. Any and interest on the Note and under any of the actions terms of this Security Deed shall have been paid and all defaults made good, XXXXXX shall surrender possession to BORROWER. The same right of entry, however, shall exist if any subsequent Event of Default shall occur; provided, however, LENDER shall not be under any obligation to make any of the payments or do any of the acts referred to in this Section 4.02 may be taken by Beneficiary irrespective of whether any notice of default or election to sell has been given hereunder and without regard to the adequacy of the security for the indebtedness hereby secured3.02.

Entry. Irrespective of whether Beneficiary exercises the option provided in Section 4.01 3.01 above, Beneficiary in person or by agent or by court-appointed receiver may enter upon, take possession of, manage and operate the Mortgaged Property or any part thereof and do all things necessary or appropriate in Beneficiary's ’s sole discretion in connection therewith, including, including without limitation, limitation making and enforcing, and if the same be subject to modification or cancellation, modifying or canceling cancelling Leases upon such terms or conditions as Beneficiary deems proper, obtaining and evicting tenants, and fixing or modifying rents, contracting for and making repairs and alterations, and doing any and all other acts which Beneficiary deems proper to protect the security hereof; and either with or without so taking possession, in its own name or in the name of Trustor, sue xxx for or otherwise collect and receive the Rents and Profits, including those past due and unpaid, and apply the same less costs and expenses of operation and collection, including reasonable attorneys' ’ fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. Upon request of Beneficiary, Trustor shall assemble and make available to Beneficiary at the site of the real property covered hereby any of the Mortgaged Property which has been removed therefrom. The entering upon and taking possession of the Mortgaged Property, or any part thereof, and the collection of any Rents and Profits and the application thereof as aforesaid shall not cure or waive any default theretofore or thereafter occurring or affect any notice or default hereunder or invalidate any act done pursuant to any such default or notice, and, notwithstanding continuance in possession of the Mortgaged Property or any part thereof by Beneficiary, Trustor or a receiver, and the collection, receipt and application of the Rents and Profits, Beneficiary shall be entitled to exercise every right provided for in this Deed of Trust or by law or in equity upon or after the occurrence of a default, including, including without limitation, limitation the right to exercise the power of sale. Any of the actions referred to in this Section 4.02 may be taken by Beneficiary irrespective of whether any notice of default or election to sell has been given hereunder and without regard to the adequacy of the security for the indebtedness hereby securedSecured Obligations.

Entry. Irrespective of whether Beneficiary exercises the option to accelerate provided in Section 4.01 3.1 above, Beneficiary Beneficiary, in person or by agent agent, with or by court-appointed receiver without bringing any action or proceeding, may enter upon, take possession of, manage and operate the Mortgaged Property or any part thereof and do all things necessary or appropriate in Beneficiary's ’s sole discretion in connection therewith, including, without limitation, including making and enforcing, and if the same be subject to modification or cancellation, modifying or canceling Tenant Leases upon such terms or conditions as Beneficiary deems proper, obtaining and evicting tenants, and fixing or modifying rents, contracting for and making repairs and alterations, and doing any and all other acts which Beneficiary deems proper to protect the security hereof; and either with or without so taking possession, in its own name or in the name of Trustor, sue xxx for or otherwise collect and receive the Rents and ProfitsRents, including those past due and unpaid, and apply the same same, less costs and expenses of operation and collection, including reasonable attorneys' fees’ fees and expenses, upon any indebtedness secured herebyof the Obligations, and in such order as Beneficiary may determine. Upon request of Beneficiary, Trustor shall assemble and make available to Beneficiary at the site of the real property Real Property covered hereby any of the Mortgaged Property which has been removed therefromtherefrom to the extent such assemblage and return is commercially reasonable. The entering upon and taking possession of the Mortgaged Property, or any part thereof, and the collection of any Rents and Profits and the application thereof as aforesaid shall not cure or waive any default theretofore or thereafter occurring or affect any notice or of default hereunder or invalidate any act done pursuant to any such default or notice, and, notwithstanding continuance in possession of the Mortgaged Property or any part thereof by Beneficiary, Trustor Trustee or a receiver, and the collection, receipt and application of the Rents and ProfitsRents, Beneficiary shall be entitled to exercise every right provided for in this Deed of Trust or by law or in equity upon or after the occurrence of a defaultan Event of Default, including, without limitation, including the right to exercise the power of sale. Any of the actions referred to in this Section 4.02 3.2 may be taken by Beneficiary irrespective of whether any notice of default or election to sell has been given hereunder and without regard to the adequacy of the security for the indebtedness hereby securedObligations.

Entry. Irrespective of whether Beneficiary exercises the option provided in Section 4.01 3.01 above, Beneficiary in person or by agent or by court-appointed receiver may enter upon, take possession of, manage and operate the Mortgaged Property or any part thereof and do all things necessary or appropriate in Beneficiary's sole discretion in connection therewith, including, including without limitation, limitation making and enforcing, and if the same be subject to modification or cancellation, modifying or canceling Leases cancelling leases upon such terms or conditions as Beneficiary deems proper, obtaining and evicting tenants, and fixing or modifying rents, contracting for and making repairs and alterations, and doing any and all other acts which Beneficiary deems proper to protect the security hereof; and either with or without so taking possession, in its own name or in the name of Trustor, sue xxx for or otherwise collect and receive the Rents and Profits, including those past due and unpaid, and apply the same less costs and expenses of operation and collection, including reasonable attorneys' fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. Upon request of Beneficiary, Trustor shall assemble and make available to Beneficiary at the site of the real property covered hereby any of the Mortgaged Property which has been removed therefrom. The entering upon and taking possession of the Mortgaged Property, or any part thereof, and the collection of any Rents and Profits and the application thereof as aforesaid shall not cure or waive any default theretofore or thereafter occurring or affect any notice or default hereunder or invalidate any act done pursuant to any such default or notice, and, notwithstanding continuance in possession of the Mortgaged Property or any part thereof by Beneficiary, Trustor or a receiver, and the collection, receipt and application of the Rents and Profits, Beneficiary shall be entitled to exercise every right provided for in this Deed of Trust or by law or in equity upon or after the occurrence of a default, including, including without limitation, limitation the right to exercise the power of sale. Any of the actions referred to in this Section 4.02 may be taken by Beneficiary irrespective of whether any notice of default or election to sell has been given hereunder and without regard to the adequacy of the security for the indebtedness hereby securedSecured Obligations.

Entry. Irrespective of whether The Beneficiary exercises the option provided may in Section 4.01 aboveperson, Beneficiary in person or by agent agent, or by court-appointed receiver may enter uponreceiver, enter, take possession of, manage manage, and operate the Mortgaged Property all or any part thereof and do all things necessary or appropriate in Beneficiary's sole discretion in connection therewith, including, without limitation, making and enforcingof the Property, and if the same be subject to modification or cancellation, modifying or canceling Leases upon such terms or conditions as Beneficiary deems proper, obtaining and evicting tenants, and fixing or modifying rents, contracting for and making repairs and alterations, and doing any and all other acts which Beneficiary deems proper to protect the security hereof; and either with or without so taking possession, in its own name or in the name of Trustor, Trustor sue for or otherwise collect any and receive the Rents and Profitsall Rents, including those that are past due and unpaiddue, and apply may also do any and all other things in connection with those actions that the same less costs Beneficiary may in its reasonable discretion consider necessary and expenses appropriate to protect or enhance the security of operation this Deed of Trust. Such other things may include: taking and collectionpossessing all of Trustor's or the then owner's Books and Records; entering into, including reasonable attorneys' feesenforcing, upon modifying, or cancelling leases on such terms and conditions as the Beneficiary may consider proper; obtaining and evicting tenants; fixing or modifying Rents; collecting and receiving any indebtedness secured herebypayment of money owing to Trustor; completing any unfinished construction; contracting for and making repairs and alterations; performing such acts of cultivation or irrigation as necessary to conserve the value of the Property; and preparing for harvest, harvesting, and in such order as Beneficiary selling any crops or Timber Assets that may determine. Upon request of Beneficiary, Trustor shall assemble and make available to Beneficiary at be growing on the site of the real property covered hereby any of the Mortgaged Property which has been removed therefromProperty. The entering upon and taking possession of the Mortgaged Property, or any part thereof, and the collection of any Rents and Profits and the application thereof as aforesaid shall not cure or waive any default theretofore Event of Default or thereafter occurring or affect any notice or default hereunder thereof or invalidate any act done in response thereto or pursuant to such notice. Trustor hereby irrevocably constitutes and appoints the Beneficiary as its attorney-in-fact to perform such acts and execute such documents as the Beneficiary in its reasonable discretion may consider to be appropriate in connection with taking these measures, including endorsement of Trustor's name on any such default or notice, and, notwithstanding continuance in possession instruments. Notwithstanding any provision of the Mortgaged Property or any part thereof by Beneficiary, Trustor or a receiver, and the collection, receipt and application of the Rents and Profits, Beneficiary shall be entitled to exercise every right provided for in this Deed of Trust or by law the Credit Agreement or in equity upon or after the occurrence of a default, including, without limitationany other Loan Document, the right Beneficiary shall not be considered to have accepted any property other than cash or immediately available funds in satisfaction of any obligation of Trustor to the Beneficiary, unless the Beneficiary has given express written notice of the Beneficiary's election of that remedy in accordance with Section 9505 of the UCC (or the corresponding section of any applicable UCC). Trustor agrees to deliver to the Beneficiary all Books and Records, including Timber Harvesting Plans, as may reasonably be requested by the Beneficiary in order to enable the Beneficiary to exercise its rights under this Section. Trustor's obligations to deliver all Books and Records and Timber Harvesting Plans shall be complied with by the power of sale. Any Trustor's delivery to the Beneficiary, at the place specified by the Beneficiary, a complete set of the actions referred to in this Section 4.02 Books and Records and Timber Harvesting Plans (which may be taken in the form of copies thereof) certified by Beneficiary irrespective of whether any notice of default or election to sell has been given hereunder and without regard to the adequacy a responsible officer of the security for Beneficiary as a complete set of the indebtedness hereby securedBooks and Records and Timber Harvesting Plans.

Entry. Irrespective of whether Beneficiary exercises the option provided in Section 4.01 above, Beneficiary in person or by agent or by court-appointed receiver may enter upon, take possession of, manage and operate the Mortgaged Property or any part thereof and do all things necessary or appropriate in Beneficiary's sole discretion in connection therewith, including, without limitation, making and enforcing, and if the same be subject to modification or cancellation, modifying or canceling Leases leases upon such terms or conditions as Beneficiary deems proper, obtaining and evicting tenants, and fixing or modifying rents, contracting for and making repairs and alterations, and doing any and all other acts which Beneficiary deems proper to protect the security hereof; and either with or without so taking possession, in its own name or in the name of Trustor, sue for or otherwise collect and receive the Rents and Profits, including those past due and unpaid, and apply the same less costs and expenses of operation and collection, including reasonable attorneys' fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. Upon request of Beneficiary, Trustor shall assemble and make available to Beneficiary at the site of the real property covered hereby any of the Mortgaged Property which has been removed therefrom. The entering upon and taking possession of the Mortgaged Property, or any part thereof, and the collection of any Rents and Profits and the application thereof as aforesaid shall not cure or waive any default theretofore or thereafter occurring or affect any notice or default hereunder or invalidate any act done pursuant to any such default or notice, and, notwithstanding continuance in possession of the Mortgaged Property or any part thereof by Beneficiary, Trustor or a receiver, and the collection, receipt and application of the Rents and Profits, Beneficiary shall be entitled to exercise every right provided for in this Deed of Trust or by law or in equity upon or after the occurrence of a default, including, without limitation, the right to exercise the power of sale. Any of the actions referred to in this Section 4.02 may be taken by Beneficiary irrespective of whether any notice of default or election to sell has been given hereunder and without regard to the adequacy of the security for the indebtedness hereby secured.

Entry. Irrespective Without regard to the value of whether Beneficiary exercises the option provided in Section 4.01 abovesecurity, Beneficiary Mortgagee in person or by agent or by court-appointed receiver may enter upon, take possession of, manage and operate the Mortgaged Property or any part thereof and do all things necessary or appropriate in BeneficiaryMortgagee's sole sole, absolute, and uncontrolled discretion in connection therewith, including, including without limitation, limitation making and enforcing, and if the same be are subject to modification or cancellation, modifying or canceling Leases upon such terms or conditions as Beneficiary Mortgagee deems proper, obtaining and evicting tenants, and fixing or modifying rentsRents, contracting for and making repairs and alterations, and doing any and all other acts which Beneficiary Mortgagee deems proper to protect the security hereof; and either with or without so taking possession, in its own name or in the name of TrustorMortgagor, sue suing for or otherwise collect collecting and receive receiving the Rents and ProfitsRents, including those past due and unpaid, and apply applying the same less balance after paying costs and expenses of operation and collection, including reasonable attorneys' fees, upon any indebtedness secured herebyIndebtedness Secured Hereby or the Obligations, and in such order as Beneficiary Mortgagee may determine. Upon request of BeneficiaryMortgagee, Trustor Mortgagor shall assemble and make available to Beneficiary Mortgagee at the site of the real property covered hereby Property any of the Mortgaged Property which that has been removed therefrom. The entering upon and taking possession of the Mortgaged Property, or any part thereof, and or the collection of any Rents and Profits and the application thereof as aforesaid shall not cure or waive any default Event of Default theretofore or thereafter occurring or affect any notice or of default hereunder or invalidate any act done pursuant to any such default Event of Default or notice, notice and, notwithstanding continuance in possession of the Mortgaged Property or any part thereof by BeneficiaryMortgagee, Trustor Mortgagor or a receiver, and the collection, receipt and application of the Rents and ProfitsRents, Beneficiary Mortgagee shall be entitled to exercise every right provided for in this Deed of Trust Mortgage and/or the other Loan Documents or by law or in equity upon or after the occurrence of a defaultequity. Subject to any notice provisions and other provisions affording Mortgagor an opportunity to cure defaults hereunder, including, without limitation, the right to exercise the power of sale. Any of the any and all such actions referred to in this Section 4.02 may be taken by Beneficiary Mortgagee irrespective of whether any notice of default or election to sell has been given hereunder and without regard to the adequacy of the security for the indebtedness hereby securedIndebtedness Secured Hereby. The exercise by Mortgagee of any of the remedies provided herein shall be deemed an acceleration pursuant to subsection (a) of this Section 6.02.

Entry. Irrespective Without regard to the value of whether Beneficiary exercises the option provided in Section 4.01 abovesecurity, Beneficiary Lender in person or by agent or by court-appointed receiver may enter upon, take possession of, manage and operate the Mortgaged Property or any part thereof and do all things necessary or appropriate in Beneficiary's sole discretion in connection therewitha commercially reasonable manner, including, without limitation, making and enforcing, and if the same be subject to modification or cancellation, modifying or canceling Leases leases upon such terms or conditions as Beneficiary Lender deems proper, obtaining and evicting tenants, and fixing or modifying rents, contracting for and making repairs and alterations, and doing any and all other acts which Beneficiary Xxxxxx deems proper to protect the security hereof; and either with or without so taking possession, in its own name or in the name of TrustorXxxxxxxx, sue suing for or otherwise collect collecting and receive receiving the Rents and Profits, including those past due and unpaid, and apply applying the same less balance after paying costs and expenses of operation and collection, including reasonable attorneys' ’ fees, upon any indebtedness secured hereby, and in such order as Beneficiary Lender may determine. Upon request of BeneficiaryXxxxxx, Trustor Borrower shall assemble and make available to Beneficiary Lender at the site of the real property Land covered hereby any of the Mortgaged Property which has been removed therefrom. The entering upon and taking possession of the Mortgaged Property, or any part thereof, and the collection of any Rents and Profits and the application thereof as aforesaid shall not cure or waive any default theretofore or thereafter occurring or affect any notice or of default hereunder or invalidate any act done pursuant to any such default or notice, and, notwithstanding continuance in possession of the Mortgaged Property or any part thereof by BeneficiaryLender, Trustor Borrower or a receiver, and the collection, receipt and application of the Rents and Profits, Beneficiary Lender shall be entitled to exercise every right provided for in this Deed of Trust or by law or in equity upon or after the occurrence of a defaultequity. Subject to any notice provisions and other provisions affording Borrower an opportunity to cure defaults hereunder, including, without limitation, the right to exercise the power of sale. Any of the any and all such actions referred to in this Section 4.02 may be taken by Beneficiary Xxxxxx irrespective of whether any notice of default or election to sell has been given hereunder and without regard to the adequacy of the security for the indebtedness hereby secured. The exercise by Lender of any of the remedies provided herein shall be deemed an acceleration pursuant to Section 3.1.

Entry. Irrespective of whether Beneficiary exercises the option provided in Section 4.01 aboveParagraph 28 herein, Beneficiary in person or by agent or by court-appointed receiver may may, without notice to Trustor, enter uponon, take possession of, manage and operate the Mortgaged Property or any part thereof and do all things necessary or appropriate in Beneficiary's sole discretion in connection therewith, including, including without limitation, limitation making and enforcing, and if the same be subject to modification or cancellation, modifying or canceling Leases cancelling leases upon such terms or conditions as Beneficiary deems proper, obtaining and evicting tenants, and fixing or modifying rents, contracting for and making repairs and alterations, and doing any and all other acts which Beneficiary deems proper to protect the security hereof; and either with or without so taking possession, in its own name or in the name of Trustor, sue for or otherwise collect and receive the Rents and Profits, including incluxxxg those past due and unpaid, and apply the same less costs and expenses of operation and collection, including reasonable attorneys' fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. Upon request of Beneficiary, Trustor shall assemble and make available to Beneficiary at the site of the real property covered hereby Property any of the Mortgaged Property which has been removed therefrom. The entering upon and taking possession of the Mortgaged Property, or any part thereof, and the collection of any Rents and Profits and the application thereof as aforesaid shall not cure or waive any default theretofore or thereafter occurring or affect any notice or default hereunder or invalidate any act done pursuant to any such default or notice, and, notwithstanding continuance in possession of the Mortgaged Property or any part thereof by Beneficiary, Trustor or a receiver, and the collection, receipt and application of the Rents and Profits, Beneficiary shall be entitled to exercise every right provided for in this Deed of Trust or by law or in equity upon or after the occurrence of a defaultan Event of Default, including, including without limitation, limitation the right to exercise the power of sale. Any of the actions referred to in this Section 4.02 Paragraph 28 may be taken by Beneficiary irrespective of whether any notice of default or election to sell has been given hereunder and without regard to the adequacy of the security for the indebtedness hereby secured.