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an involuntary case, (ii) appoints a trustee, receiver, assignee, liquidator or similar <br />official for Trustor or any general partner thereof or substantially all of such entity's <br />assets, (iii) orders the liquidation of Trustor or any general partner thereof, or (iv) issues <br />or levies a judgment, writ, warrant of attachment or similar process against the Property <br />or the Project, and in each case the order or decree is not released, vacated, dismissed <br />or fully bonded within 60 days after its issuance; <br />i. The holder of any other debt instrument secured by a mortgage or <br />deed of trust on the Property or part thereof declares an event of default thereunder and <br />exercises a right to declare all amounts due under that debt instrument immediately due <br />and payable, subject to the expiration of any applicable cure period set forth in such <br />holder's documents; <br />j. Trustor fails to perform any obligation arising under this Deed of <br />Trust other than one enumerated in this Section 8.1, and does not cure that failure <br />either within ten (10) days after written notice from Beneficiary or Trustee in the event of <br />a monetary default, or within sixty (60) days after such written notice in the event of a <br />nonmonetary default, provided that in the case of a nonmonetary default that in <br />Beneficiary's reasonable judgment cannot reasonably be cured within sixty (60) days, <br />an Event of Developer Default shall not arise hereunder if Trustor commences to cure <br />such default within sixty (60) days and thereafter prosecutes such cure to completion <br />with due diligence and in good faith and in no event later than 120 days following receipt <br />of notice of default; or <br />k. A default on the part of Trustor arises under the Ground Lease and <br />remains uncured beyond any applicable cure period such that the fee owner of the Land <br />has the right to terminate the Ground Lease. <br />8.2 Remedies. Subject to the applicable notice and cure provisions set forth <br />herein, at any time after an Event of Developer Default, Beneficiary and Trustee shall be <br />entitled to invoke any and all of the rights and remedies described below, and may <br />exercise any one or more or all, of the remedies set forth in any Loan Document, and <br />any other remedy existing at law or in equity or by statute. All of Beneficiary's rights and <br />remedies shall be cumulative, and the exercise of any one or more of them shall not <br />constitute an election of remedies. Beneficiary shall be entitled to collect all expenses <br />incurred in pursuing the remedies provided hereunder, including without limitation <br />reasonable attorneys' fees and costs. <br />a. Acceleration. Beneficiary may declare any or all of the Secured <br />Obligations, including without limitation all sums payable under the Note and this Deed <br />of Trust, to be due and payable immediately. <br />b. Receiver. Beneficiary may apply to any court of competent <br />jurisdiction for, and obtain appointment of, a receiver for the Property. <br />c. Entry. Beneficiary, in person, by agent or by court-appointed <br />receiver, may enter, take possession of, manage and operate all or any part of the <br />180284-6 ~ 7 <br />