IN THIS CLAUSE FIRST TO BE IN HOLDER'S SOLE
DISCRETION; AND SECOND, THE REMAINDER, IF ANY, SHALL BE PAID TO GRANTOR, OR TO
GRANTOR'S REPRESENTATIVES, SUCCESSORS OR ASSIGNS, OR SUCH OTHER PERSONS
(INCLUDING THE HOLDER OR BENEFICIARY OF ANY INFERIOR LIEN) AS MAY BE ENTITLED
THERETO BY LAW; PROVIDED, HOWEVER, THAT IF HOLDER IS UNCERTAIN WHICH PERSON OR
PERSONS ARE SO ENTITLED, HOLDER, ON BEHALF OF ITSELF AND LENDERS, MAY INTERPLEAD
SUCH REMAINDER IN ANY COURT OF COMPETENT JURISDICTION, AND THE AMOUNT OF ANY
ATTORNEYS' FEES, COURT COSTS AND EXPENSES INCURRED IN SUCH ACTION SHALL BE A
PART OF THE SECURED INDEBTEDNESS AND SHALL BE REIMBURSABLE (WITHOUT LIMITATION)
FROM SUCH REMAINDER.
SECTION 5.3
HOLDER OR LENDER AS PURCHASER.
HOLDER AND ANY LENDER SHALL HAVE THE RIGHT TO BECOME THE PURCHASER AT ANY SALE
HELD BY TRUSTEE OR ITS SUBSTITUTE OR SUCCESSOR OR BY ANY RECEIVER OR PUBLIC
OFFICER OR AT ANY PUBLIC SALE.
HOLDER SHALL HAVE THE RIGHT TO CREDIT UPON THE
AMOUNT OF HOLDER'S SUCCESSFUL BID, TO THE EXTENT NECESSARY TO SATISFY SUCH BID,
ALL OR ANY PART OF THE SECURED INDEBTEDNESS IN SUCH MANNER AND ORDER AS HOLDER
MAY ELECT.
ANY LENDER SHALL HAVE THE RIGHT TO CREDIT UPON THE AMOUNT OF THE
LENDER'S SUCCESSFUL BID, ALL OR ANY PART OF THE SECURED INDEBTEDNESS PAYABLE TO
THE LENDER IN SUCH MANNER AND ORDER AS THE LENDER MAY ELECT.
SECTION 5.4
REMEDIES CUMULATIVE.
ALL
RIGHTS AND REMEDIES PROVIDED FOR HEREIN AND IN ANY OTHER LOAN DOCUMENT ARE
CUMULATIVE OF EACH OTHER AND OF ANY AND ALL OTHER RIGHTS AND REMEDIES EXISTING
AT LAW OR IN EQUITY, AND TRUSTEE, HOLDER AND LENDERS SHALL, IN ADDITION TO THE
RIGHTS AND REMEDIES PROVIDED HEREIN OR IN ANY OTHER LOAN DOCUMENT, BE ENTITLED
TO AVAIL THEMSELVES OF ALL SUCH OTHER RIGHTS AND REMEDIES AS MAY NOW OR
HEREAFTER EXIST AT LAW OR IN EQUITY FOR THE COLLECTION OF THE SECURED
INDEBTEDNESS AND THE ENFORCEMENT OF THE COVENANTS HEREIN AND THE FORECLOSURE OF
THE LIENS AND SECURITY INTERESTS EVIDENCED HEREBY, AND THE RESORT TO ANY RIGHT
OR REMEDY PROVIDED FOR HEREUNDER OR UNDER ANY SUCH OTHER LOAN DOCUMENT OR
PROVIDED FOR BY LAW OR IN EQUITY SHALL NOT PREVENT THE CONCURRENT OR SUBSEQUENT
EMPLOYMENT OF ANY OTHER APPROPRIATE RIGHT OR RIGHTS OR REMEDY OR REMEDIES.
SECTION 5.5
DISCRETION AS TO SECURITY.
HOLDER, ON BEHALF OF ITSELF AND LENDERS, MAY RESORT TO ANY SECURITY GIVEN BY
THIS DEED OF TRUST OR TO ANY OTHER SECURITY NOW EXISTING OR HEREAFTER GIVEN TO
SECURE THE PAYMENT OF THE SECURED INDEBTEDNESS, IN WHOLE OR IN PART, AND IN SUCH
PORTIONS AND IN SUCH ORDER AS MAY SEEM BEST TO HOLDER IN ITS SOLE AND
UNCONTROLLED DISCRETION, AND ANY SUCH ACTION SHALL NOT IN ANYWISE BE CONSIDERED
AS A WAIVER OF ANY OF THE RIGHTS, BENEFITS, LIENS OR SECURITY INTERESTS
EVIDENCED BY THIS DEED OF TRUST.
SECTION 5.6
GRANTOR'S WAIVER OF CERTAIN
RIGHTS.
TO THE FULL EXTENT GRANTOR MAY DO SO, GRANTOR AGREES THAT GRANTOR WILL
NOT AT ANY