ITS OWN NAME OR IN THE
NAME OF GRANTOR, OTHERWISE CONDUCT ANY BUSINESS OF GRANTOR IN RELATION TO THE
PROPERTY AND DEAL WITH GRANTOR'S CREDITORS, DEBTORS, TENANTS, AGENTS AND
EMPLOYEES AND ANY OTHER PERSONS HAVING ANY RELATIONSHIP WITH GRANTOR IN RELATION
TO THE PROPERTY, AND AMEND ANY CONTRACTS BETWEEN THEM, IN ANY MANNER HOLDER MAY
DETERMINE;
(IV)
EITHER WITH OR WITHOUT TAKING POSSESSION OF
THE PROPERTY, NOTIFY OBLIGORS ON ANY CONTRACTS THAT ALL PAYMENTS AND OTHER
PERFORMANCE ARE TO BE MADE AND RENDERED DIRECTLY AND EXCLUSIVELY TO HOLDER, AND
IN ITS OWN NAME ON BEHALF OF ITSELF AND LENDERS SUPPLEMENT, MODIFY, AMEND,
RENEW, EXTEND, ACCELERATE, ACCEPT PARTIAL PAYMENTS OR PERFORMANCE ON, MAKE
ALLOWANCES AND ADJUSTMENTS AND ISSUE CREDITS WITH RESPECT TO, GIVE APPROVALS,
WAIVERS AND CONSENTS UNDER, RELEASE, SETTLE, COMPROMISE, COMPOUND, SUE FOR,
COLLECT OR OTHERWISE LIQUIDATE, ENFORCE OR DEAL WITH ANY CONTRACTS OR OTHER
RIGHTS, INCLUDING COLLECTION OF AMOUNTS PAST DUE AND UNPAID (GRANTOR AGREEING
NOT TO TAKE ANY SUCH ACTION AFTER THE OCCURRENCE OF A DEFAULT WITHOUT PRIOR
WRITTEN AUTHORIZATION FROM HOLDER);
(V)
ENDORSE, IN THE NAME OF GRANTOR, ALL CHECKS,
DRAFTS AND OTHER EVIDENCES OF PAYMENT RELATING TO THE PROPERTY, AND RECEIVE,
OPEN AND DISPOSE OF ALL MAIL ADDRESSED TO GRANTOR AND NOTIFY THE POSTAL
AUTHORITIES TO CHANGE THE ADDRESS FOR DELIVERY OF SUCH MAIL TO SUCH ADDRESS AS
HOLDER MAY DESIGNATE; AND
(VI)
TAKE SUCH OTHER ACTION AS HOLDER DEEMS
APPROPRIATE TO PROTECT THE SECURITY OF THIS DEED OF TRUST.
(I)
OTHER RIGHTS AND REMEDIES.
HOLDER AND
LENDERS MAY EXERCISE ANY AND ALL OTHER RIGHTS AND REMEDIES WHICH HOLDER AND
LENDERS MAY HAVE UNDER THE LOAN DOCUMENTS, OR AT LAW OR IN EQUITY OR OTHERWISE.
SECTION 5.2
PROCEEDS OF FORECLOSURE.
THE
PROCEEDS OF ANY SALE HELD BY TRUSTEE OR HOLDER OR ANY RECEIVER OR PUBLIC OFFICER
IN FORECLOSURE OF THE LIENS AND SECURITY INTERESTS EVIDENCED HEREBY SHALL BE
APPLIED IN ACCORDANCE WITH THE REQUIREMENTS OF APPLICABLE LAWS AND TO THE EXTENT
CONSISTENT THEREWITH, FIRST, TO THE PAYMENT OF ALL NECESSARY COSTS AND EXPENSES
INCIDENT TO SUCH FORECLOSURE SALE, INCLUDING ALL ATTORNEYS' FEES AND LEGAL
EXPENSES (INCLUDING THE MARKET VALUE OF SERVICES PROVIDED BY IN-HOUSE COUNSEL),
ADVERTISING COSTS, AUCTIONEER'S FEES, COSTS OF TITLE RUNDOWNS, LIEN SEARCHES,
TRUSTEE'S SALE GUARANTIES, FORECLOSURE SALE GUARANTIES, LITIGATION GUARANTIES
AND/OR OTHER TITLE POLICIES AND ENDORSEMENTS, INSPECTION FEES, APPRAISAL COSTS,
FEES FOR PROFESSIONAL SERVICES, ENVIRONMENTAL ASSESSMENT AND REMEDIATION FEES,
ALL COURT COSTS AND
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CHARGES OF EVERY CHARACTER, AND THE MAXIMUM FEE LEGALLY PERMITTED, OR A
REASONABLE FEE WHEN THE LAW PROVIDES NO MAXIMUM LIMIT, TO TRUSTEE ACTING UNDER
THE PROVISIONS OF CLAUSE (C) OF SECTION 5.1 HEREOF IF FORECLOSED BY POWER OF
SALE AS PROVIDED IN SAID CLAUSE (C), AND TO THE PAYMENT OF THE OTHER SECURED
INDEBTEDNESS, INCLUDING SPECIFICALLY WITHOUT LIMITATION THE PRINCIPAL, ACCRUED
INTEREST AND ATTORNEYS' FEES DUE AND UNPAID ON THE LOAN AND THE AMOUNTS DUE AND
UNPAID AND OWED TO HOLDER AND LENDERS UNDER THIS DEED OF TRUST, THE ORDER AND
MANNER OF APPLICATION TO THE ITEMS