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<br />8. No Waiver.
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<br />(a) No delay or omission of the Beneficiary to exercise any right, power or
<br />remedy accruing upon any Default shall exhaust or impair any such right, power or remedy, or
<br />shall be construed to be a waiver of any such Default or acquiescence therein; and every right,
<br />power and remedy given by this Deed of Trust to the Beneficiary may be exercised from time to
<br />time and as often as may be deemed expeditious by the Beneficiary. No consent or waiver,
<br />expressed or implied, by the Beneficiary to or of any breach by the Trustor in the performance of
<br />the obligations hereunder shall be deemed or construed to be a consent to or waiver of
<br />obligations ofthe Trustor hereunder. Failure on the part of the Beneficiary to complain of any
<br />act or failure to act or to declare an Event of Default, irrespective of how long such failure
<br />continues, shall not constitute a waiver by the Beneficiary of its right hereunder or impair any
<br />rights, powers or remedies consequent on any breach or Event of Default by the Trustor.
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<br />(b) If the Beneficiary (i) grants forbearance or an extension of time for the
<br />payment of any sums secured hereby, (ii) takes other or additional security or the payment of any
<br />sums secured hereby, (iii) waives or does not exercise any right granted herein, or in the
<br />Agreement, (iv) releases any part ofthe Security from the lien of this Deed of Trust, or otherwise
<br />changes any of the terms, covenants, conditions or agreements of this Deed of Trust or the
<br />Agreement, (v) consents to the filing of any map, plat or replat affecting the Security, (vi)
<br />consents to the granting of any easement or other right affecting the Security, or (vii) makes or
<br />consents to any agreement subordinating the lien hereof, any such act or omission shall not
<br />release, discharge, modify, change or affect the original liability under this Deed of Trust, or any
<br />other obligation of the Trustor or any subsequent purchaser of the Security or any part thereof, or
<br />any maker, co-signer, endorser, surety or guarantor (unless expressly released); nor shall any
<br />such act or omission preclude the Beneficiary from exercising any right, power, or privilege
<br />herein granted or intended to be granted upon the occurrence of the Event of Default then made
<br />or of any subsequent Event of Default, nor, except as otherwise expressly provided in an
<br />instrument or instruments executed by the Beneficiary shall the lien of this Deed of Trust be
<br />altered thereby. In the event of the sale or transfer by operation of law or otherwise of all or any
<br />part of the Property, the Beneficiary, without notice, is hereby authorized and empowered to deal
<br />with any such vendee or transferee with reference to the Security (or a part thereof) or the
<br />indebtedness secured hereby, or with reference to any of the terms, covenants, conditions or
<br />agreements hereof, as fully and to the same extent as it might deal with the Trustor and without
<br />in any way releasing or discharging any liabilities, obligations or undertakings of the Trustor.
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<br />9. Suits to Protect the Security. The Beneficiary shall have power (upon ninety (90) days
<br />notice to the Trustor) to (a) institute and maintain such suits and proceedings as it may deem
<br />expedient to prevent any impairment of the Security (and the rights of the Beneficiary as
<br />secured by this Deed of Trust) by any acts which may be unlawful or any violation of this
<br />Deed of Trust, (b) preserve or protect its interest (as described, in this Deed of Trust) in the
<br />Security and in the rents, issues, profits and revenues arising therefrom, and (c) restrain the
<br />enforcement of or compliance with any legislation or other governmental enactment, rule or
<br />order that may be unconstitutional or otherwise invalid, if the enforcement for compliance
<br />with such enactment, rules or order would impair the security thereunder or be prejudicial to
<br />the interests of the Beneficiary.
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