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such and exercise all such powers until the date of confirmation of sale of the Security, unless <br />such receivership is sooner terminated. <br />7.6 Remedies Cumulative No right, power or remedy conferred upon or reserved to <br />the Beneficiary by this Deed of Trust is intended to be exclusive of any other right, power or <br />remedy, but each and every such right, power and remedy shall be cumulative and concurrent <br />and shall be in addition to any other right, power and remedy given hereunder or now or <br />hereafter existing at law or in equity. <br />7.7 No Waiver <br />A. No delay or omission of the Beneficiary to exercise any right, power or remedy <br />accruing upon any Event of Default shall exhaust or impair any such right, power or remedy, or <br />shall be construed to be a waiver of any such Event of Default or acquiescence therein; and every <br />right, power and remedy given by this Deed of Trust to the Beneficiary may be exercised from <br />time to time and as often as may be deemed expeditious by the Beneficiary. No consent or <br />waiver, expressed or implied, by the Beneficiary to or any breach by the Trustor in the <br />performance of the obligations hereunder shall be deemed or construed to be a consent to or <br />waiver of obligations of the Trustor hereunder. Failure on the part of the Beneficiary to <br />complain of any act or failure to act or to declare an Event of Default, irrespective of how long <br />such failure continues, shall not constitute a waiver by the Beneficiary of its right hereunder or <br />impair any rights, power or remedies consequent on any Event of Default by the Trustor. <br />B. If the Beneficiary (i) grants forbearance or an extension of time for the payment <br />of any 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 in the Loan Documents, (iv) <br />releases any part of the Security from the lien of this Deed of Trust, or otherwise changes any of <br />the terms, covenants, conditions or agreements in the Loan Documents, (v) consents to the <br />granting of any easement or other right affecting the Security, or (iv) makes or consents to any <br />agreement subordinating the lien hereof, any such act or omission shall not release, discharge, <br />modify, change or affect the original liability under this Deed of Trust, or any other obligation of <br />the Trustor or any subsequent purchaser of the Security or any part thereof, or any maker, co- <br />signer, endorser, surety or guarantor (unless expressly released); nor shall any such act or <br />omission preclude the Beneficiary from exercising any right, power or privilege herein granted <br />or intended to be granted in any 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 by <br />the Beneficiary shall the lien of this Deed of Trust be altered thereby. <br />7.8 Suits to Protect the Security The Beneficiary shall have power to (a) institute <br />and maintain such suits and proceedings as it may deem expedient to prevent any impairment of <br />the Security and the rights of the Beneficiary as may be unlawful or any violation of this Deed of <br />Trust, (b) preserve or protect its interest (as described in this Deed of Trust) in the Security, and <br />(c) restrain the enforcement of or compliance with any legislation or other governmental <br />enactment, rule or order that may be unconstitutional or otherwise invalid, if the enforcement for <br />compliance with such enactment, rule or order would impair the Security thereunder or be <br />prejudicial to the interest of the Beneficiary. <br />1908516.2 13 <br />