of the security title or interest of this Security
Deed, including the reasonable fees of any attorneys employed by Grantee in any
litigation or proceeding affecting this Security Deed, the Note or the Premises,
including appellate, probate and bankruptcy proceedings, or in preparations for
the commencement or defense of any proceedings or threatened suit or proceeding
shall be immediately due and payable by Grantor, with interest thereon at the
Default Rate of interest as set forth in the Note and shall be secured by this
Security Deed.
(h) Waivers/Acknowledgments. GRANTOR HEREBY EXPRESSLY: (1) ACKNOWLEDGES THE
RIGHT TO ACCELERATE THE INDEBTEDNESS AND THE POWER OF ATTORNEY GIVEN IN THIS
DEED TO SECURE DEBT TO GRANTEE TO SELL THE PREMISES BY NONJUDICIAL FORECLOSURE
UPON DEFAULT, WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN
SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE
PROVISIONS OF THIS DEED TO SECURE DEBT; (2) WAIVES ANY AND ALL RIGHTS WHICH
GRANTOR MAY HAVE UNDER THE FIFTH AND FOURTEENTH AMENDMENTS TO THE CONSTITUTION
OF THE UNITED STATES, THE VARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE
SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, TO NOTICE AND TO
JUDICIAL HEARING PRIOR TO THE EXERCISE BY GRANTEE OF ANY RIGHT OR REMEDY
PROVIDED TO GRANTEE, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO
BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT; (3) ACKNOWLEDGES THAT
GRANTOR HAS READ THIS DEED TO SECURE DEBT AND HAS BEEN AFFORDED THE OPPORTUNITY
TO CONSULT WITH COUNSEL OF GRANTOR'S CHOICE CONCERNING THE PROVISIONS OF THIS
DEED TO SECURE DEBT PRIOR TO EXECUTING THE SAME; (4) ACKNOWLEDGES THAT ALL
WAIVERS OF THE AFORESAID RIGHTS HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND
WILLINGLY; AND (5) AGREES THAT GRANTOR'S RIGHT TO NOTICE SHALL BE LIMITED TO
THOSE RIGHTS (IF ANY) SPECIFIED IN THIS DEED TO SECURE DEBT.
17. Application of Proceeds. The proceeds of any sale made either under the
power of sale hereby given or under a judgment, order or decree made in any
action to foreclose or to enforce this Security Deed, shall be applied:
(a) first to the payment of (i) all costs and expenses of such sale, including
reasonable attorneys' fees, environmental site assessors fees and costs,
appraisers' fees and costs of procuring title searches, title insurance policies
and similar items and (ii) all charges, expenses and advances incurred or made
by Grantee in order to protect the lien or estate created by this Security Deed
or the security afforded hereby including any expenses of entering, taking
possession of and operating the Premises;
(b) then to the payment of any other Indebtedness in such order as Grantee may
determine until the same have been paid in full; and
(c) any balance thereof shall be paid to Grantor, or to whosoever shall be
legally entitled thereto, or as a court of competent jurisdiction may direct.
18. Rights and Remedies Cumulative. Each right, power and remedy herein
conferred upon Grantee is cumulative and