SALE OF,
AND THE RENTS AND OTHER AMOUNTS GENERATED BY THE HOLDING, LEASING, MANAGEMENT,
OPERATION OR OTHER USE OF THE TRUST PROPERTY, SHALL BE APPLIED BY BENEFICIARY
(OR THE RECEIVER, IF ONE IS APPOINTED) IN THE FOLLOWING ORDER UNLESS OTHERWISE
REQUIRED BY APPLICABLE LAW:
(A)
FIRST, TO THE PAYMENT OF THE COSTS AND EXPENSES OF TAKING POSSESSION OF
THE TRUST PROPERTY AND OF HOLDING, USING, LEASING, REPAIRING, IMPROVING AND
SELLING THE SAME, INCLUDING, WITHOUT LIMITATION (1) RECEIVER'S FEES AND
EXPENSES, INCLUDING THE REPAYMENT OF THE AMOUNTS EVIDENCED BY ANY RECEIVER'S
CERTIFICATES, (2) COURT COSTS, (3) ATTORNEYS' AND ACCOUNTANTS' FEES AND
EXPENSES, AND (4) COSTS OF ADVERTISEMENT; AND
(B)
SECOND, TO THE PAYMENT OF THE OBLIGATIONS AND PERFORMANCE OF THE SECURED
OBLIGATIONS IN THE MANNER AND ORDER OF PREFERENCE PROVIDED UNDER SECTION 12 OF
THE SECURITY AGREEMENT.
SECTION 4.8
OCCUPANCY AFTER FORECLOSURE.
ANY SALE OF THE TRUST
PROPERTY OR ANY PART THEREOF IN ACCORDANCE WITH SECTION 4.1(D) WILL DIVEST ALL
RIGHT, TITLE AND INTEREST OF TRUSTOR IN AND TO THE PROPERTY SOLD.
SUBJECT TO
APPLICABLE LAW, ANY PURCHASER AT A FORECLOSURE SALE WILL RECEIVE IMMEDIATE
POSSESSION OF THE PROPERTY PURCHASED.
IF TRUSTOR RETAINS POSSESSION OF SUCH
PROPERTY OR ANY PART THEREOF SUBSEQUENT TO SUCH SALE, TRUSTOR WILL BE CONSIDERED
A TENANT AT SUFFERANCE OF THE PURCHASER, AND WILL, IF TRUSTOR REMAINS IN
POSSESSION AFTER DEMAND TO REMOVE, BE SUBJECT TO EVICTION AND REMOVAL, FORCIBLE
OR OTHERWISE, WITH OR WITHOUT PROCESS OF LAW.
SECTION 4.9
ADDITIONAL ADVANCES AND DISBURSEMENTS; COSTS OF
ENFORCEMENT.
(A)
UPON THE OCCURRENCE AND DURING THE CONTINUANCE OF ANY EVENT OF DEFAULT,
BENEFICIARY AND TRUSTEE AND EACH OF THE OTHER SECURED PARTIES SHALL HAVE THE
RIGHT, BUT NOT THE OBLIGATION, TO CURE SUCH EVENT OF DEFAULT IN THE NAME AND ON
BEHALF OF TRUSTOR.
ALL SUMS ADVANCED AND EXPENSES INCURRED AT ANY TIME BY
BENEFICIARY OR TRUSTEE OR ANY OTHER SECURED PARTY UNDER THIS SECTION 4.9, OR
OTHERWISE UNDER THIS DEED OF TRUST OR ANY OF THE OTHER LOAN DOCUMENTS OR
APPLICABLE LAW, SHALL, SUBJECT TO ANY LIMITATIONS THEREON CONTAINED IN ANY LOAN
DOCUMENT, BE PAYABLE ON DEMAND AND SHALL BEAR INTEREST FROM AND INCLUDING THE
DATE THAT SUCH SUM IS ADVANCED OR EXPENSE INCURRED, TO AND EXCLUDING THE DATE OF
REIMBURSEMENT, AT THE INTEREST RATE APPLICABLE TO ABR LOANS PURSUANT TO SECTION
2.11(A) OF THE CREDIT AGREEMENT (PROVIDED THAT FOLLOWING THE OCCURRENCE AND
DURING THE CONTINUANCE OF ANY EVENT OF DEFAULT, INTEREST SHALL ACCRUE ON SUCH
SUMS AT THE DEFAULT RATE APPLICABLE TO BASE RATE LOANS PURSUANT TO SECTION
2.11(C) OF THE CREDIT AGREEMENT), AND ALL SUCH SUMS, TOGETHER WITH INTEREST
THEREON, SHALL BE SECURED BY THIS DEED OF TRUST.
6
(B)
TRUSTOR SHALL PAY ALL EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND
EXPENSES) OF OR INCIDENTAL TO THE PERFECTION AND ENFORCEMENT OF THIS DEED OF
TRUST, OR THE ENFORCEMENT, COMPROMISE OR SETTLEMENT OF THE OBLIGATIONS OR ANY
CLAIM UNDER THIS DEED OF TRUST, AND FOR THE CURING THEREOF, OR FOR DEFENDING OR
ASSERTING THE RIGHTS AND CLAIMS