TAKEN AS PRIMA
FACIE EVIDENCE OF THE TRUTH OF THE FACTS SO STATED AND RECITED; (IX) HOLDER MAY
APPOINT OR DELEGATE ANY ONE OR MORE PERSONS AS AGENT TO PERFORM ANY ACT OR ACTS
NECESSARY OR INCIDENT TO ANY SALE HELD BY HOLDER, INCLUDING THE SENDING OF
NOTICES AND THE CONDUCT OF THE SALE, BUT IN THE NAME OF HOLDER ON BEHALF OF
ITSELF AND LENDERS; (X) HOLDER MAY COMPLY WITH ANY APPLICABLE STATE OR FEDERAL
LAW OR REGULATORY REQUIREMENTS IN CONNECTION WITH A DISPOSITION OF THE
COLLATERAL, AND SUCH COMPLIANCE WILL NOT BE CONSIDERED TO AFFECT ADVERSELY THE
COMMERCIAL REASONABLENESS OF ANY SALE OF THE COLLATERAL; (XI) HOLDER MAY SELL
THE COLLATERAL WITHOUT GIVING ANY WARRANTIES AS TO THE COLLATERAL, AND MAY
SPECIFICALLY DISCLAIM ALL DISPOSITION WARRANTIES, INCLUDING WARRANTIES RELATING
TO TITLE, POSSESSION, QUIET ENJOYMENT AND THE LIKE, AND ALL WARRANTIES OF
QUALITY, MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE, AND THIS PROCEDURE
WILL NOT BE CONSIDERED TO AFFECT ADVERSELY THE COMMERCIAL REASONABLENESS OF ANY
SALE OF THE COLLATERAL; (XII) GRANTOR ACKNOWLEDGES THAT A PRIVATE SALE OF THE
COLLATERAL MAY RESULT IN LESS PROCEEDS THAN A PUBLIC SALE; AND (XIII) GRANTOR
ACKNOWLEDGES THAT THE COLLATERAL MAY BE SOLD AT A LOSS TO GRANTOR, AND THAT IN
SUCH EVENT NEITHER HOLDER NOR LENDERS SHALL HAVE ANY LIABILITY OR RESPONSIBILITY
TO GRANTOR FOR SUCH LOSS.
(E)
JUDICIAL ACTION.
SUBJECT TO ANY PROVISION
OF THE CREDIT AGREEMENT REGARDING REFERENCE AND ARBITRATION, HOLDER MAY BRING AN
ACTION ON BEHALF OF ITSELF AND LENDERS IN ANY COURT
27
OF COMPETENT JURISDICTION TO FORECLOSE THIS INSTRUMENT OR TO OBTAIN SPECIFIC
PERFORMANCE OF ANY OF THE COVENANTS OR AGREEMENTS OF THIS DEED OF TRUST.
(F)
ENTRY ON PROPERTY.
HOLDER IS AUTHORIZED
ON BEHALF OF ITSELF AND LENDERS, PRIOR OR SUBSEQUENT TO THE INSTITUTION OF ANY
FORECLOSURE PROCEEDINGS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO
ENTER UPON THE PROPERTY OR ANY PART THEREOF, AND TO TAKE POSSESSION OF THE
PROPERTY AND ALL BOOKS AND RECORDS, AND ALL RECORDED DATA OF ANY KIND OR NATURE,
REGARDLESS OF THE MEDIUM OF RECORDING, INCLUDING ALL SOFTWARE, WRITINGS, PLANS,
SPECIFICATIONS AND SCHEMATICS RELATING THERETO, AND TO EXERCISE WITHOUT
INTERFERENCE FROM GRANTOR ANY AND ALL RIGHTS WHICH GRANTOR HAS WITH RESPECT TO
THE MANAGEMENT, POSSESSION, OPERATION, PROTECTION OR PRESERVATION OF THE
PROPERTY.
HOLDER SHALL NOT BE DEEMED TO HAVE TAKEN POSSESSION OF THE PROPERTY
OR ANY PART THEREOF EXCEPT UPON THE EXERCISE OF ITS RIGHT TO DO SO, AND THEN
ONLY TO THE EXTENT EVIDENCED BY ITS DEMAND AND OVERT ACT SPECIFICALLY FOR SUCH
PURPOSE.
ALL COSTS, EXPENSES AND LIABILITIES OF EVERY CHARACTER INCURRED BY
HOLDER AND LENDERS IN MANAGING, OPERATING, MAINTAINING, PROTECTING OR PRESERVING
THE PROPERTY SHALL CONSTITUTE A DEMAND OBLIGATION OF GRANTOR (WHICH OBLIGATION
GRANTOR HEREBY PROMISES TO PAY) TO HOLDER (FOR ITS OWN ACCOUNT OR THE ACCOUNT OF
LENDERS, AS APPLICABLE) PURSUANT TO THIS DEED OF TRUST.
IF NECESSARY TO OBTAIN
THE POSSESSION PROVIDED FOR ABOVE, HOLDER MAY INVOKE ANY AND ALL LEGAL REMEDIES
TO DISPOSSESS