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to be due and payable immediately. <br />b. Receiver. Beneficiary may apply to any court of competent jurisdiction <br />for, and obtain appointment of, a receiver for the Property. <br />c. Entry. Beneficiary, in person, by agent or by court-appointed receiver, <br />may enter, take possession of, manage and operate all or any part of the Property, and may also <br />do any and all other things in connection with those actions that Beneficiary may in its sole <br />discretion consider necessary and appropriate to protect the security of this Deed of Trust. Such <br />other things may include: taking and possessing copies of all of Trustor' s or the then owner's <br />books and records concerning the Property; entering into, enforcing, modifying, or canceling <br />Leases on such terms and conditions as Beneficiary may consider proper; obtaining and evicting <br />tenants; fixing or modifying Rents; collecting and receiving any payment of money owing to <br />Trustor; 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 />d. UCC Remedies. Beneficiary may exercise any or all of the remedies <br />granted to a secured party under the UCC. <br />e. Judicial Action. Beneficiary may bring an action in any court of <br />competent jurisdiction to foreclose this Deed of Trust in the manner provided by law for <br />foreclosure of mortgages on real property and/or to obtain specific enforcement of any of the <br />covenants or agreements of this Deed of Trust. <br />f. Power of Sale. Under the power of sale hereby granted, Beneficiary shall <br />have the discretionary right to cause some or all of the Property, including any Property which <br />constitutes personal property, to be sold or otherwise disposed of in any combination and in any <br />manner permitted by applicable law. <br />Trustor's limited partners (the "Limited Partners") shall have the right to cure any default of <br />Trustor hereunder upon the same terms and conditions afforded to Trustor. Provided that <br />Beneficiary has been given written notice of the address for delivery of notices to the Limited <br />Partners, Beneficiary shall provide any notice of default hereunder to the Limited Partners <br />concurrently with the provision of such notice to Trustor, and as to the Limited Partners, the cure <br />periods specified herein shall commence upon the date of delivery of such notice in accordance <br />with Section 10.2. <br />8.3 Power of Sale. If Beneficiary elects to invoke the power of sale hereby granted, <br />Beneficiary shall execute or cause the Trustee to execute a written notice of such default and of <br />its election to cause the Property to be sold to satisfy the obligations hereof, and shall cause such <br />notice to be recorded in the office of the Recorder of each County wherein the Property or some <br />part thereof is situated as required by law and this Deed of Trust. <br />2890663.1 15