AND SECURITY INTERESTS HEREOF AND OF THE LOAN DOCUMENTS. IF
BENEFICIARY SHOULD INSTITUTE A SUIT FOR THE COLLECTION OF THE INDEBTEDNESS AND
FOR A FORECLOSURE OF THE LIENS AND SECURITY INTERESTS, BENEFICIARY MAY, AT ANY
TIME BEFORE THE ENTRY OF A FINAL JUDGMENT IN SAID SUIT, DISMISS THE SAME AND
REQUIRE TRUSTEE TO SELL THE MORTGAGED PROPERTY OR ANY PART THEREOF IN ACCORDANCE
WITH THE PROVISIONS OF THIS DEED OF TRUST.
PAYMENT OF FEES. IF THE NOTE OR ANY OTHER PART OF THE INDEBTEDNESS SHALL BE
COLLECTED OR IF ANY OF THE OBLIGATIONS SHALL BE ENFORCED BY LEGAL PROCEEDINGS,
WHETHER THROUGH A PROBATE OR BANKRUPTCY COURT OR OTHERWISE, OR SHALL BE PLACED
IN THE HANDS OF AN ATTORNEY FOR COLLECTION AFTER MATURITY, WHETHER MATURED BY
THE EXPIRATION OF TIME OR BY AN OPTION GIVEN TO BENEFICIARY TO MATURE SAME, OR
IF BENEFICIARY BECOMES A PARTY TO ANY SUIT IN WHICH THIS DEED OF TRUST OR THE
MORTGAGED PROPERTY OR ANY PART THEREOF IS INVOLVED, GRANTOR AGREES TO PAY
BENEFICIARY'S ATTORNEYS' FEES AND EXPENSES INCURRED, AND SUCH FEES SHALL BE AND
BECOME A PART OF THE INDEBTEDNESS AND SHALL BEAR INTEREST FROM THE DATE SUCH
COSTS ARE INCURRED AT THE DEFAULT RATE.
MISCELLANEOUS.
DISCONTINUANCE OF REMEDIES. IN CASE BENEFICIARY SHALL HAVE PROCEEDED TO INVOKE
ANY RIGHT, REMEDY, OR RECOURSE PERMITTED UNDER THE LOAN DOCUMENTS AND SHALL
THEREAFTER ELECT TO DISCONTINUE OR ABANDON SAME FOR ANY REASON, BENEFICIARY
SHALL HAVE THE UNQUALIFIED RIGHT TO DO SO AND, IN SUCH EVENT, GRANTOR AND
BENEFICIARY SHALL BE RESTORED TO THEIR FORMER POSITIONS WITH RESPECT TO THE
INDEBTEDNESS, THE LOAN DOCUMENTS, THE MORTGAGED PROPERTY OR OTHERWISE, AND THE
RIGHTS, REMEDIES, RECOURSES AND POWERS OF BENEFICIARY SHALL CONTINUE AS IF SAME
HAD NEVER BEEN INVOKED.
OTHER REMEDIES. IN ADDITION TO THE REMEDIES SET FORTH IN THIS ARTICLE, UPON THE
OCCURRENCE OF AN EVENT OF DEFAULT, BENEFICIARY AND TRUSTEE SHALL, IN ADDITION,
HAVE ALL OTHER REMEDIES AVAILABLE TO THEM AT LAW OR IN EQUITY.
REMEDIES CUMULATIVE; NON-EXCLUSIVE; ETC. ALL RIGHTS, REMEDIES, AND RECOURSES OF
BENEFICIARY GRANTED IN THE NOTE, THIS DEED OF TRUST, THE OTHER LOAN DOCUMENTS,
ANY OTHER PLEDGE OF COLLATERAL, OR OTHERWISE AVAILABLE AT LAW OR EQUITY
(I) SHALL BE CUMULATIVE AND CONCURRENT; (II) MAY BE PURSUED SEPARATELY,
SUCCESSIVELY, OR CONCURRENTLY AGAINST GRANTOR, THE MORTGAGED PROPERTY, OR ANY
ONE OR MORE OF THEM, AT THE SOLE DISCRETION OF BENEFICIARY; (III) MAY BE
EXERCISED AS OFTEN AS OCCASION THEREFOR SHALL ARISE, IT BEING AGREED BY GRANTOR
THAT THE EXERCISE OR FAILURE TO EXERCISE ANY OF SAME SHALL IN NO EVENT BE
CONSTRUED AS A WAIVER OR RELEASE THEREOF OR OF ANY OTHER RIGHT, REMEDY, OR
RECOURSE; (IV) SHALL BE NONEXCLUSIVE; (V) SHALL NOT BE CONDITIONED UPON
BENEFICIARY EXERCISING OR PURSUING ANY REMEDY IN RELATION TO THE MORTGAGED
PROPERTY PRIOR TO BENEFICIARY BRINGING SUIT TO RECOVER THE INDEBTEDNESS OR SUIT
ON THE OBLIGATIONS; AND (VI) IN THE EVENT BENEFICIARY ELECTS TO BRING SUIT ON
THE INDEBTEDNESS AND/OR THE OBLIGATIONS AND OBTAINS A JUDGMENT AGAINST GRANTOR
PRIOR TO