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(ix) 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; or <br /> (x) 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 ( "Initial Cure Period ") after written notice from Beneficiary or <br /> Trustee in the event of a monetary default, or within thirty (30) days after such written <br /> notice in the event of a nonmonetary default (or such longer time as Beneficiary may <br /> agree upon in writing), provided that Trustor commences to cure the default within the <br /> Initial Cure Period and thereafter prosecutes such cure with due diligence and in good <br /> faith and Beneficiary in the exercise of reasonable judgment determines that a cure <br /> cannot reasonably be completed prior to expiration of the Initial Cure Period. <br /> 8.2 Remedies. Subject to the applicable notice and cure provisions set forth <br /> herein, at any time after an Event of Default, Beneficiary and Trustee shall be entitled to <br /> invoke any and all of the rights and remedies described below, and may exercise any <br /> one or more or all, of the remedies set forth in any Loan Document, and any other <br /> remedy existing at law or in equity or by statute. All of Beneficiary's rights and remedies <br /> shall be cumulative, and the exercise of any one or more of them shall not constitute an <br /> election of remedies. Beneficiary shall be entitled to collect all expenses incurred in <br /> pursuing the remedies provided hereunder, including without limitation reasonable <br /> attorneys' fees and costs of title evidence. <br /> (a) Acceleration. Beneficiary may declare any or all of the Secured <br /> Obligations 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 /> Property, and may also do any and all other things in connection with those actions that <br /> Beneficiary may in its sole discretion consider necessary and appropriate to protect the <br /> security of this Deed of Trust. Such other things may include: taking and possessing <br /> copies of all of Trustor's or the then owner's books and records concerning the Property; <br /> entering into, enforcing, modifying, or canceling Leases on such terms and conditions <br /> as Beneficiary may consider proper; obtaining and evicting tenants; fixing or modifying <br /> Rents; collecting and receiving any payment of money owing to Trustor; completing any <br /> unfinished construction; and /or contracting for and making repairs and alterations. If <br /> Beneficiary so requests, Trustor shall assemble all of the Property that has been <br /> removed from the Land and make all of it available to Beneficiary at the site of the Land. <br /> Trustor hereby irrevocably constitutes and appoints Beneficiary as Trustor's attorney- in- <br /> fact to perform such acts and execute such documents as Beneficiary in its sole <br /> discretion may consider to be appropriate in connection with taking these measures, <br /> 1177360-2 13 <br />