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ARTICLE IV <br />EVENTS OF DEFAULT AND REMEDIES <br />Section 4.1 Events of Default Defined. The occurrence of any failure of the Trustor to <br />pay the Promissory Note or to otherwise perform an obligation the performance of which is <br />secured by this Deed of Trust, and the continuation of such failure for a period of thirty (30) <br />business days as to monetary obligations and sixty (60) business days as to non-monetary <br />obligations (or such additional time as may be reasonably necessary provided that Trustor <br />commences cure within such sixty (60) day period and thereafter diligently prosecutes such cure <br />to completion), after written notice specifying such failure and requesting that it be remedied <br />shall have been given to Trustor from the Beneficiary, shall be an "Event of Default" or a <br />"Default" under this Deed of Trust. <br />Section 4.2 Acceleration of Maturity. If an Event of Default shall have occurred and <br />be continuing, then the entire indebtedness secured hereby shall, at the option of the Beneficiary, <br />immediately become due and payable without notice or demand which are hereby expressly <br />waived, and no omission on the part of the Beneficiary to exercise such option when entitled to <br />do so shall be construed as a waiver of such right. <br />Section 4.3 The Beneficiary's Right to Enter and Take Possession. If an Event of <br />Default shall have occurred and be continuing, the Beneficiary may: <br />(a) Either in person or by agent, with or without bringing any action or <br />proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its <br />security, enter upon the Property and take possession thereof (or any part thereof) and of any of <br />the Security, in its own name or in the name of Trustee, and do any acts which it deems <br />necessary or desirable to preserve the value, marketability or rentability of the Property, or part <br />thereof or interest therein, increase the income therefrom or protect the Security hereof and, with <br />or without taking possession of the Property, sue for or otherwise collect the rents, issues and <br />profits thereof, including those past due and unpaid, and apply the same, less costs and expenses <br />of operation and collection, including attorneys' fees, upon any indebtedness secured hereby, all <br />in such order as Beneficiary may determine. The entering upon and taking possession of the <br />Property, the collection of such rents, issues and profits and the application thereof, as aforesaid, <br />shall not cure or waive any Default or notice of Default hereunder or invalidate any act done in <br />response to such Default or pursuant to such notice of Default and, notwithstanding the <br />continuance in possession of the Property or the collection, receipt and application of rents, <br />issues or profits, Beneficiary shall be entitled to exercise every right provided for in this Deed of <br />Trust, the Agreement or by law upon occurrence of any Event of Default, including the right to <br />exercise the power of sale. Trustor requests that a copy of any Notice of Default and a copy of <br />any Notice of Sale hereunder be mailed to Trustor if at its address given herein; <br />(b) Commence an action to foreclose this Deed of Trust, appoint a receiver, or <br />specifically enforce any of the covenants hereof; <br />(c) Deliver to Trustee a written declaration of default and demand for sale, <br />and a written notice of default and election to cause Trustor's interest in the property to be sold, <br />ATTACHMENT NO. 9-4 <br />D OC S OC/1400673 v 14/20027 2-0001