|
EXHIBIT C
<br />a. No delay or omission of the Beneficiary to exercise any right, power or remedy
<br />accruing upon any Default shall exhaust or impair any such right, power or remedy, or shall
<br />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
<br />to 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
<br />of the obligations hereunder shall be deemed or construed to be a consent to or waiver of
<br />obligations of the 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.
<br />b. If the Beneficiary (i) grants forbearance or an extension of time for the payment of any
<br />sums secured hereby, (ii) takes other or additional security or the payment of any sums
<br />secured hereby, (iii) waives or does not exercise any right granted herein, (iv) releases any
<br />part of the Security from the lien of this Deed of Trust, or otherwise changes any of the terms,
<br />covenants, conditions or agreements of this Deed of Trust, (v) consents to the filing of any
<br />map, plat or replat affecting the Security, (vi) consents to the granting of any easement or
<br />other right affecting the Security, or (vii) makes or consents to any agreement subordinating
<br />the lien hereof, any such act or omission shall not release, discharge, modify, change or affect
<br />the original liability under this Deed of Trust, or any other obligation of the Trustor or any
<br />subsequent purchaser of the Security or any part thereof, or any maker, co-signer, endorser,
<br />surety or guarantor (unless expressly released); nor shall any such act or omission preclude
<br />the Beneficiary from exercising any right, power, or privilege herein granted or intended to be
<br />granted upon the occurrence of the Event of Default then made or of any subsequent Event of
<br />Default, nor, except as otherwise expressly provided in an instrument or instruments executed
<br />by the Beneficiary shall the lien of this Deed of Trust be altered thereby. In the event of the
<br />sale or transfer by operation of law or otherwise of all or any part of the Property, the
<br />Beneficiary, without notice, is hereby authorized and empowered to deal with any such
<br />vendee or transferee with reference to the Security (or a part thereof) or the indebtedness
<br />secured hereby, or with reference to any of the terms, covenants, conditions or agreements
<br />hereof, as fully and to the same extent as it might deal with the Trustor and without in any
<br />way releasing or discharging any liabilities, obligations or undertakings of the Trustor.
<br />8. 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 secured
<br />by this Deed of Trust) by any acts which may be unlawful or any violation of this Deed of Trust,
<br />(b) preserve or protect its interest (as described, in this Deed of Trust) in the Security and in the
<br />rents, issues, profits and revenues arising therefrom, and (c) restrain the enforcement of or
<br />compliance with any legislation or other governmental enactment, rule or order that may be
<br />unconstitutional or otherwise invalid, if the enforcement for compliance with such enactment,
<br />rules or order would impair the security thereunder or be prejudicial to the interests of the
<br />Beneficiary.
<br />9. Trustee May File Proofs of Claim. In the case of any receivership, insolvency,
<br />City.HO.DOT Page 10 of 13 2/8/10
<br />EXHIBIT
|