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j. Trustor fails to perform any obligation arising under this Deed of Trust other than <br /> one enumerated in this Section 8.1, and does not cure that failure either within ten (10) days after <br /> written notice from Beneficiary or Trustee in the event of a monetary default, or within sixty(60) <br /> days after such written notice in the event of a nonmonetary default, provided that in the case of <br /> a nonmonetary default that in Beneficiary's reasonable judgment cannot reasonably be cured <br /> within sixty(60) days, an Event of Developer Default shall not arise hereunder if Trustor <br /> commences to cure such default within sixty(60) days and thereafter prosecutes such cure to <br /> completion with due diligence and in good faith and in no event later than 120 days following <br /> receipt of notice of default; or <br /> k. A default on the part of Trustor arises under the Ground Lease and remains <br /> uncured beyond any applicable cure period such that the fee owner of the Land has the right to <br /> terminate the Ground Lease. <br /> 8.2. Remedies. Subject to the applicable notice and cure provisions set forth herein, at <br /> any time after an Event of Developer Default, Beneficiary and Trustee shall be entitled to invoke <br /> any and all of the rights and remedies described below, and may exercise any one or more or all, <br /> of the remedies set forth in any Loan Document, and any other remedy existing at law or in <br /> equity or by statute. All of Beneficiary's rights and remedies shall be cumulative, and the <br /> exercise of any one or more of them shall not constitute an election of remedies. Beneficiary <br /> shall be entitled to collect all expenses incurred in pursuing the remedies provided hereunder, <br /> including without limitation reasonable attorneys' fees and costs. <br /> a. Acceleration. Beneficiary may declare any or all of the Secured Obligations, <br /> including without limitation all sums payable under the Note and this Deed of Trust, to be due <br /> and payable immediately. <br /> b. Receiver. Beneficiary may apply to any court of competent jurisdiction for, and <br /> obtain appointment of, a receiver for the Property. <br /> c. Entry. Beneficiary, in person,by agent or by court-appointed receiver, may enter, <br /> take possession of, manage and operate all or any part of the Property, and may also do any and <br /> all other things in connection with those actions that Beneficiary may in its sole discretion <br /> consider necessary and appropriate to protect the security of this Deed of Trust. Such other <br /> things may include: taking and possessing copies of all of Trustor's or the then owner's books <br /> and records concerning the Property; entering into, enforcing, modifying, or canceling Leases on <br /> such terms and conditions as Beneficiary may consider proper; obtaining and evicting tenants; <br /> fixing or modifying Rents; collecting and receiving any payment of money owing to Trustor; <br /> completing any unfinished construction; and/or contracting for and making repairs and <br /> alterations. If 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. Trustor <br /> hereby irrevocably constitutes and appoints Beneficiary as Trustor's attorney-in-fact to perform <br /> such acts and execute such documents as Beneficiary in its sole discretion may consider to be <br /> appropriate in connection with taking these measures, including endorsement of Trustor's name <br /> on any instruments. <br /> 144\221\1596079 2 <br />