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• <br /> either within ten (10) days after written notice from Beneficiary or Trustee in the event of <br /> a monetary default, or within thirty (30) 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 thirty (30) days, <br /> an Event of Default shall not arise hereunder if Trustor commences to cure such default <br /> within thirty (30) days and thereafter prosecutes such cure to completion with due <br /> diligence and in good faith and in no event later than sixty (60) days following receipt of <br /> notice of default. <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. <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 /> 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 /> including endorsement of Trustor's name on any instruments. <br /> d. UCC Remedies. Beneficiary may exercise any or all of the <br /> remedies granted to a secured party under the UCC. <br /> e. Judicial Action. Beneficiary may bring an action in any court of <br /> 1582131.3 17 <br />