Common use of Remedies Not Exclusive Clause in Contracts

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby and to exercise all rights and powers under this Deed of Trust or under any Project Document or other agreement or any law now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Documents to the Trustee or Beneficiary or to which either of them may be otherwise entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust Mortgage or under any Project Document of the other Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guarantydeed of trust, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust Mortgage nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Trustee’s or Beneficiary’s right Mortgagee's rights to realize upon or enforce any other security now or hereafter held by Trustee or BeneficiaryMortgagee, it being agreed that Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce this Deed of Trust Mortgage and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee Mortgagee in such order and manner as they Mortgagee may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary Mortgagee is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Trustee or Beneficiary Mortgagee or to which either of them may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee, as the Trustee case may be. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, or Beneficiarythe appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a "Mortgagee in possession," and Mortgagee shall not in any way be made liable for any act, either of them may pursue inconsistent commission or omission, in connection with the exercise of such remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust Mortgage or under any Project Document of the other Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust Mortgage nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Trustee’s or Beneficiary’s Mortgagee's right to realize upon or enforce any other security now or hereafter held by Trustee or BeneficiaryMortgagee, it being agreed that Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce this Deed of Trust Mortgage and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee Mortgagee in such order and manner as they Mortgagee may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary Mortgagee is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Trustee or Beneficiary Mortgagee or to which either of them it may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the Trustee exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, or Beneficiarythe appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and Mortgagee shall not in any way be made liable for any act, either of them may pursue inconsistent commission or omission, in connection with the exercise of such remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Beneficiary shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust or under any Project Document of the other Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guarantydeed of trust, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Trustee’s or Beneficiary’s right rights to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, Beneficiary shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they Beneficiary may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Trustee or Beneficiary or to which either of them may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, and either as the case may be. In no event shall Beneficiary, in the exercise of them may pursue inconsistent remedies. Trustor may be joined the remedies provided in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of TrustTrust (including in connection with the assignment of Rents to Beneficiary, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a “Beneficiary in possession,” and Beneficiary shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Subject to Article XIII of the Installment Financing Contract, the Trustee and the Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness Indebtedness or obligation obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any Project Document or other agreement securing or relating to the Indebtedness secured hereby or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness Indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect the Trustee’s or the Beneficiary’s right to realize upon or enforce any other security now or hereafter held by the Trustee or the Beneficiary, it being agreed that the Trustee and the Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by the Beneficiary or the Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to the Trustee or the Beneficiary is intended to be exclusive of any other remedy herein, herein or granted to Beneficiary under by law provided or preclusive of any other agreement, remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of instrument securing or relating to the Transaction Documents Indebtedness secured hereby to the Trustee or the Beneficiary or to which either of them may be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, the Beneficiary and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation obligations secured hereby and to exercise all rights and powers under this Deed of Trust or Trust, under any Project Document Loan Instrument or other agreement or agreement, and under any law laws now or hereafter in force, notwithstanding that some or all of the said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they may or either of them in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Documents Loan Instruments to the Trustee or Beneficiary or to which either of them may be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, Beneficiary and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any Project Loan Document or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s 's or Beneficiary’s 's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Trustee or Beneficiary or to which either of them may be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, Beneficiary and either of them may pursue inconsistent remedies. No waiver of any default of the Trustor may hereunder shall be joined in implied from any omission by the Beneficiary to take any action brought by on account of such default if such default persists or be repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. No acceptance of any payment of any one or more delinquent installments which does not include interest at the penalty or default rate from the date of delinquency, together with any required late charge, shall constitute a waiver of the right of Beneficiary at any time thereafter to foreclose under demand and collect payment of interest at such default rate or otherwise enforce this Deed of Trustlate charges, if any.

Remedies Not Exclusive. Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce payment of the Obligations and performance of any indebtedness or obligation secured hereby the Performance Obligations and to exercise all rights and powers under this Deed of Trust or under any Project Document of the other Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness Obligations and obligations secured hereby Performance Obligations may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Beneficiary's or Trustee’s or Beneficiary’s 's right to realize upon or enforce any other security now or hereafter held by Trustee Beneficiary or BeneficiaryTrustee, it being agreed that Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they Beneficiary may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Beneficiary or Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Beneficiary or Trustee or Beneficiary or to which either of them it may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Beneficiary or Trustee, as the Trustee case may be. In no event shall Beneficiary or BeneficiaryTrustee, and either in the exercise of them may pursue inconsistent remedies. Trustor may be joined the remedies provided in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of TrustTrust (including, without limitation, in connection with the assignment of Rents to Beneficiary, or the appointment of a receiver and the entry of such receiver on to all or any part of the Trust Property), be deemed a "Beneficiary in possession," and neither Beneficiary nor Trustee shall in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any Project Document Loan Instrument or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Documents Loan Instruments to the Trustee or Beneficiary or to which either of them may be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by The failure on the part of Beneficiary to foreclose under or otherwise promptly enforce this Deed any right hereunder shall not operate as a waiver of Trustsuch right.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce payment and performance of the Secured Obligations or any indebtedness or obligation obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any Project Document Mortgage or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness Secured Obligations and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust Mortgage nor its enforcement enforcement, whether by court action or pursuant to the power of sale or other the powers herein contained, shall prejudice or in any manner affect Trustee’s or Beneficiary’s Mortgagee's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, Mortgagee it being agreed that Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce this Deed of Trust Mortgage and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee Mortgagee in such order and manner as they it may in their its absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary Mortgagee is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Documents to the Trustee or Beneficiary Mortgagee or to which either of them Mortgagee may be otherwise entitled entitled, may be exercised, exercised concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of TrustMortgagee.

Remedies Not Exclusive. Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust or under any Project Document of the other Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guarantydeed of trust, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect TrusteeBeneficiary’s or BeneficiaryTrustee’s right to realize upon or enforce any other security now or hereafter held by Trustee Beneficiary or BeneficiaryTrustee, it being agreed that Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they Beneficiary may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Beneficiary or Trustee or Beneficiary or to which either of them may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Beneficiary or Trustee, as the Trustee case may be. In no event shall Beneficiary or BeneficiaryTrustee, and either in the exercise of them may pursue inconsistent remedies. Trustor may be joined the remedies provided in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of TrustTrust (including, without limitation, in connection with the assignment of Rents, or the appointment of a receiver and the entry of such receiver on to all or any part of the Trust Property), be deemed a “Beneficiary in possession,” and neither Beneficiary nor Trustee shall in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce payment and performance of any indebtedness or obligation obligations secured hereby and to exercise all rights and powers granted under this Deed of Trust Mortgage or under the Credit Agreement or the Notes or under any Project Document of the Loan Instruments or other agreement or under any law Laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust Mortgage nor its enforcement enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s or Beneficiary’s Mortgagee's right to realize upon or enforce any other security now or hereafter held by Trustee or BeneficiaryMortgagee, it being agreed that Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce this Deed of Trust Mortgage and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee Mortgagee, in such order and manner as they it may in their its absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary Mortgagee is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law Law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law Law or in equity or by statute. Every right, power or remedy given by the Credit Agreement, this Mortgage or any of the Transaction Documents Loan Instruments to the Trustee or Beneficiary or to which either of them may be otherwise entitled Mortgagee may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. Every right, power or remedy given by this Mortgage to the Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Trustor Mortgagee may be joined in any action brought exercised by Beneficiary Agent on behalf of all Secured Parties pursuant to foreclose under the Credit Agreement, whether so expressed or otherwise enforce this Deed of Trustnot.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce payment and performance of the Secured Obligations or any indebtedness or obligation obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any Project Document Junior Mortgage or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness Secured Obligations and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust Junior Mortgage nor its enforcement enforcement, whether by court action or pursuant to the power of sale or other the powers herein contained, shall prejudice or in any manner affect Trustee’s or Beneficiary’s Mortgagee's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, Mortgagee it being agreed that Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce this Deed of Trust Junior Mortgage and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee Mortgagee in such order and manner as they it may in their its absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary Mortgagee is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Documents to the Trustee or Beneficiary Mortgagee or to which either of them Mortgagee may be otherwise entitled entitled, may be exercised, exercised concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of TrustMortgagee.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Beneficiary shall be entitled to enforce payment of the Indebtedness and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust or under any Project Document of the other Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness Indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guarantydeed of trust, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Trustee’s or Beneficiary’s 's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, Beneficiary shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they Beneficiary may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Trustee or Beneficiary or to which either of them may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary. In no event shall Beneficiary, and either in the exercise of them may pursue inconsistent remedies. Trustor may be joined the remedies provided in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of TrustTrust (including, without limitation, in connection with the assignment of Rents, or the appointment of a receiver and the entry of such receiver on to all or any part of the Trust Property), be deemed a "mortgagee in possession," and Beneficiary shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust or under any Project Document of the other Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, Deed of Trust, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Beneficiary’s or Trustee’s or Beneficiary’s right rights to realize upon or enforce any other security now or hereafter held by Trustee Beneficiary or BeneficiaryTrustee, it being agreed that Beneficiary or Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they Beneficiary or Trustee may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Beneficiary or Trustee or Beneficiary or to which either of them may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Beneficiary or Trustee, as the Trustee or case may be. Except as otherwise provided by applicable law, in no event shall Beneficiary, and either in the exercise of them may pursue inconsistent remedies. Trustor may be joined the remedies provided in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of TrustTrust (including, without limitation, in connection with the assignment of Rents to Beneficiary or Trustee, or the appointment of a receiver and the entry of such receiver on to all or any part of the Trust Property), be deemed a “mortgagee in possession,” and Beneficiary nor Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation obligations secured hereby and to exercise all rights and powers under this Deed of Trust or Trust, under any Project Document Loan Instrument or other agreement or agreement, and under any law laws now or hereafter in force, notwithstanding that some or all of the said indebtedness and obligations obligation secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they may or either of them in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or of hereafter existing at law or in equity or by statutestatue. Every power or remedy given by any of the Transaction Documents Loan Instruments to the Trustee or Beneficiary or to which either of if them may be maybe otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, Beneficiary and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any Project Document the Note or other agreement or any law laws now or hereafter in force, notwithstanding that some or all of the said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Documents to the Trustee or Beneficiary or to which either of them may be otherwise entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Beneficiary shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby obligations and to exercise all rights and powers under this Deed of Trust or under any Project Document Loan Documents or other agreement or any law Governmental Requirements now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Secured Obligations may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s or Beneficiary’s 's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, Beneficiary shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they it may in their its absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Trustee or Beneficiary Beneficiary, or to which either of them Beneficiary may be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, and either of them . Beneficiary may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall The Beneficiary will be entitled to enforce payment and performance of any indebtedness or obligation secured hereby Obligations and to exercise all rights and powers under this Deed of Trust or under Trust, any Project Document or other agreement Loan Documents, or any law laws now or hereafter in the future in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations which may now or hereafter in the future be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or assignment. Or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement enforcement, whether by court action or pursuant to the power of sale or other powers herein containedcontained in this Deed of Trust, shall will prejudice or in any manner affect Trustee’s or the Beneficiary’s right to realize upon or enforce any other security now or hereafter in the future held by Trustee or the Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall . Beneficiary will be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter in the future held by the Beneficiary or Trustee in such any order and manner as they it may in their its absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or the Beneficiary by this Deed of Trust is intended to be exclusive of any other remedy herein, or granted to Beneficiary given under any other agreement, or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, this Deed of Trust or now or hereafter in the future existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Trustee or Beneficiary Beneficiary, or to which either of them the Beneficiary may be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, and either of them . The Beneficiary may pursue inconsistent remedies. Trustor may be joined in The acceptance by the Beneficiary of any action brought sum after the amounts are due will not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by Beneficiary this Deed of Trust or to foreclose declare a default as provided under or otherwise enforce this Deed of Trust. The acceptance by the Beneficiary of any sum in an amount less than the sum then due will be deemed an acceptance on account only and only on the condition (whether expressed or not) that Beneficiary’s acceptance will not constitute a waiver of the obligation of the Trustor to pay the entire sum then due. Any failure of the Trustor to pay the entire sum then due will be and continue to be an Event of Default notwithstanding any acceptance of any lesser amount on account. Until all of the amounts due under this Deed of Trust or any of the other Loan Documents are paid in full, the Beneficiary and Trustee, notwithstanding either of their acceptance of any amounts on account or any future amounts on account, are entitled to exercise any and all rights described in this Deed of Trust, and none of those rights will be impaired or eliminated by any acceptance of any amounts on account. Consent by the Beneficiary to any action or inaction of the Trustor which is subject to consent or approval of the Beneficiary will not be deemed a waiver of the right to require the consent or approval to future or successive actions or inactions.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Collateral Agent shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby and to exercise all rights and powers under this Deed of Trust or under any Project Document or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guarantydeed of trust, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Trustee’s or BeneficiaryCollateral Agent’s right to realize upon or enforce any other security now or hereafter held by Trustee or BeneficiaryCollateral Agent, it being agreed that Trustee and Beneficiary, and each of them, Collateral Agent shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee Collateral Agent in such order and manner as they Collateral Agent may in their absolute discretion reasonably determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary Collateral Agent is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any this Deed of the Transaction Documents Trust to the Trustee or Beneficiary Collateral Agent or to which either of them Collateral Agent may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Collateral Agent. In no event shall Collateral Agent, in the Trustee or Beneficiary, and either exercise of them may pursue inconsistent remedies. Trustor may be joined the remedies provided in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of TrustTrust (including, without limitation, the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a “mortgagee in possession,” and Collateral Agent shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust Mortgage or under any Project Document of the other Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guarantydeed of trust, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust Mortgage nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect TrusteeMortgagee’s or Beneficiary’s right rights to realize upon or enforce any other security now or hereafter held by Trustee or BeneficiaryMortgagee, it being agreed that Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce this Deed of Trust Mortgage and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee Mortgagee in such order and manner as they Mortgagee may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary Mortgagee is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Trustee or Beneficiary Mortgagee or to which either of them may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee, as the Trustee case may be. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, or Beneficiarythe appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a “mortgagee in possession,” and Mortgagee shall not in any way be made liable for any act, either of them may pursue inconsistent commission or omission, in connection with the exercise of such remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce payment of the Indebtedness and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust or under any Project Document of the other Collateral Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness Indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guarantydeed of trust, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Beneficiary's or Trustee’s or Beneficiary’s 's right to realize upon or enforce any other security now or hereafter held by Trustee Beneficiary or BeneficiaryTrustee, it being agreed that Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they Beneficiary may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Collateral Documents to the Beneficiary or Trustee or Beneficiary or to which either of them may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Beneficiary or Trustee, as the Trustee case may be. In no event shall Beneficiary or BeneficiaryTrustee, and either in the exercise of them may pursue inconsistent remedies. Trustor may be joined the remedies provided in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of TrustTrust (including, without limitation, in connection with the assignment of Rents, or the appointment of a receiver and the entry of such receiver on to all or any part of the Trust Property), be deemed a "mortgagee in possession," and neither Beneficiary nor Trustee shall in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, The Agent shall be entitled to enforce payment of the indebtedness and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust Security Agreement or under any Project Document or of the other agreement Operative Agreements or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, mortgage, security agreement, pledge, lienLien, assignment or otherwise. Neither the acceptance of this Deed of Trust Security Agreement nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Trustee’s or Beneficiarythe Agent’s right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiarythe Agent as security for the Obligations, it being agreed that Trustee and Beneficiary, and each of them, the Agent shall be entitled to enforce this Deed of Trust Security Agreement and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee the Agent in such order and manner as they the Agent may determine in their its absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statutediscretion. Every power or remedy given by any of the Transaction Documents Operative Agreements to the Trustee or Beneficiary Agent or to which either of them it may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee Agent. In no event shall the Agent, in the exercise of the remedies provided in this Security Agreement (including without limitation in connection with the assignment of rents to the Agent, or Beneficiarythe appointment of a receiver and the entry of such receiver onto all or any part of the Property), be deemed a “mortgagee in possession” or a “pledgee in possession”, and the Agent shall not in any way be made liable for any act, either of them may pursue inconsistent commission or omission, in connection with the exercise of such remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Grantee shall be entitled to enforce payment of the Indebtedness and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust or under any Project Document of the other Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness Indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guarantyDeed, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Trustee’s or BeneficiaryGrantee’s right to realize upon or enforce any other security now or hereafter held by Trustee or BeneficiaryGrantee, it being agreed that Trustee and Beneficiary, and each of them, Grantee shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee Grantee in such order and manner as they Grantee may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary Grantee is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Trustee or Beneficiary Grantee or to which either of them it may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Grantee. In no event shall Grantee, in the Trustee exercise of the remedies provided in this Deed (including, without limitation, in connection with the assignment of Rents to Grantee, or Beneficiarythe appointment of a receiver and the entry of such receiver on to all or any part of the Property), be deemed a “Grantee in possession,” and Grantee shall not in any way be made liable for any act, either of them may pursue inconsistent commission or omission, in connection with the exercise of such remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and Beneficiary shall each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby Secured Obligations and to exercise all rights and powers under this Deed of Trust Trust, under the Notes, under any of the other Credit Documents, or under any Project Document or other agreement with Trustor or any law laws now or hereafter in force, ; notwithstanding some or all of the said indebtedness and obligations secured hereby Secured Obligations may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether enforcement, by court action or pursuant to the power of sale or other powers herein containedcontained in this Deed of Trust, shall prejudice or in any manner affect Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary Beneficiary, is intended to be exclusive of any other remedy herein, in this Deed of Trust or granted to Beneficiary under any other agreement, provided or permitted by law provided or permittedin equity, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, in this Deed of Trust or now or hereafter existing at law or in equity or by statuteequity. Every power or remedy given to Trustee or Beneficiary by the Notes, this Deed of Trust or any of the Transaction Documents to the Trustee or Beneficiary other Credit Documents, or to which either of them may be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Trustor may be joined Nothing in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of TrustTrust shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against Trustor to the extent such action is permitted by law.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby and to exercise all rights and powers under this Deed of Trust or under any Project Document or other agreement or any law now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Project Documents to the Trustee or Beneficiary or to which either of them may be otherwise entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Beneficiary shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby Accelerated Obligations and to exercise all rights and powers under this Deed of Trust or under any Project Document Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations Accelerated Obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s or Beneficiary’s 's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, Beneficiary shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they it may in their its absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Trustee or Beneficiary Beneficiary, or to which either of them Beneficiary may be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Beneficiary. The acceptance by Beneficiary of any sum after the Trustee same is due shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums hereby secured or Beneficiaryto declare a subsequent Event of Default as herein provided. The acceptance by Beneficiary of any sum in an amount less than the sum then due shall be deemed an acceptance on account only and upon condition that it shall not constitute a waiver of the obligation of Debtor to pay the entire sum then due, and failure of Debtor to pay such entire sum then due as contemplated by Section 4.01(b) shall be an Event of Default, notwithstanding such acceptance of such amount on account, as aforesaid. Beneficiary or Trustee shall be, at all times thereafter and until the entire sum then due shall have been paid, and notwithstanding the acceptance by Beneficiary thereafter of further sums on account, or otherwise, entitled to exercise all rights in this instrument conferred upon them or either of them may pursue inconsistent remediesthem, and the right to proceed with a sale under any notice of default, or an election to sell, or the right to exercise any other rights or remedies hereunder, shall in no way be impaired, whether any of such amounts are received prior or subsequent to such proceeding, election or exercise. Trustor may be joined in any action brought Consent by Beneficiary to foreclose under any action or otherwise enforce this Deed inaction of TrustDebtor which is subject to consent or approval of Beneficiary hereunder shall not be deemed a waiver of the right to require such consent or approval to future or successive actions or inactions.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust Mortgage or under any Project Document of the other Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guarantydeed of trust, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust Mortgage nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect TrusteeMortgagee’s or Beneficiary’s right rights to realize upon or enforce any other security now or hereafter held by Trustee or BeneficiaryMortgagee, it being agreed that Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce this Deed of Trust Mortgage and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee Mortgagee in such order and manner as they Mortgagee may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary Mortgagee is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Trustee or Beneficiary Mortgagee or to which either of them may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee, as the Trustee case may be. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, or Beneficiarythe appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a “Mortgagee in possession,” and Mortgagee shall not in any way be made liable for any act, either of them may pursue inconsistent commission or omission, in connection with the exercise of such remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, The Mortgagee shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby the Secured Obligations and to exercise all rights and powers under this Deed of Trust Mortgage or under any Project Document or of the other agreement Transaction Documents or any law laws now or hereafter in force, notwithstanding that some or all of the said indebtedness and obligations secured hereby Secured Obligations may now or hereafter be otherwise secured, whether by guarantydeed of trust, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust Mortgage nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Trustee’s or Beneficiary’s right the Mortgagee's rights to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiarythe Mortgagee, it being agreed that Trustee and Beneficiary, and each of them, the Mortgagee shall be entitled to enforce this Deed of Trust Mortgage and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee the Mortgagee in such order and manner as they the Mortgagee may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or 509265-1725-11432-13209999 reserved to Trustee or Beneficiary the Mortgagee is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Documents to the Trustee or Beneficiary Mortgagee or to which either of them the Mortgagee may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee Mortgagee, as the case may be. In no event shall the Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to the Mortgagee, or Beneficiarythe appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a “mortgagee in possession,” and the Mortgagee shall not in any way be made liable for any act, either of them may pursue inconsistent commission or omission, in connection with the exercise of such remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. The Trustee and Beneficiary, and each of them, shall be entitled to enforce ---------------------- payment of the indebtedness and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust or under any Project Document of the other Operative Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guarantydeed of trust, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect the Trustee’s or Beneficiary’s 's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiarythe Trustee, it being agreed that the Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or the Trustee in such order and manner as they the Trustee or the Agent may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to the Trustee or Beneficiary the Agent is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Operative Documents to the Trustee or Beneficiary the Agent or to which either of them they may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or BeneficiaryAgent. In no event shall the Trustee, and either in the exercise of them may pursue inconsistent remedies. Trustor may be joined the remedies provided in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of TrustTrust (including, without limitation, in connection with the assignment of Rents to the Agent, or the appointment of a receiver and the entry of such receiver on to all or any part of the Trust Property), be deemed a "mortgagee in possession," and the Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust Mortgage or under any Project Document of the other Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust Mortgage nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Trustee’s or BeneficiaryMortgagee’s right to realize upon or enforce any other security now or hereafter held by Trustee or BeneficiaryMortgagee, it being agreed that Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce this Deed of Trust Mortgage and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee Mortgagee in such order and manner as they Mortgagee may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary Mortgagee is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Trustee or Beneficiary Mortgagee or to which either of them it may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the Trustee exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, or Beneficiarythe appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a “mortgagee in possession,” and Mortgagee shall not in any way be made liable for any act, either of them may pursue inconsistent commission or omission, in connection with the exercise of such remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee The cumulative rights of Beneficiary arising under the clauses and Beneficiarycovenants contained in this Mortgage shall be separate, distinct and cumulative and none of them shall be construed to be exclusive or an election to proceed under any one provision herein to the exclusion of any other provision, anything herein or otherwise to the contrary notwithstanding. In addition to any remedies provided herein for an Event of Default hereunder, Beneficiary shall have all other remedies allowed under the laws of the State of South Carolina, and each the laws of them, the United States. No failure on the part of Beneficiary to exercise any of its rights hereunder arising upon any Default shall be entitled construed to enforce payment and performance prejudice its rights in the event of any indebtedness other or obligation subsequent Default. No delay on the part of Beneficiary in exercising any of such rights shall be construed to preclude it from the exercise thereof at any time during the continuance of such Default. Beneficiary may enforce any one or more remedies or rights hereunder in such order and manner as it may determine, successively or concurrently at its option. By accepting payment or partial payment of any sums secured hereby and to exercise all rights and powers under this Deed of Trust after its due date, Beneficiary shall not make an accommodation or under any Project Document or other thereby waive the agreement or any law now or hereafter in force, notwithstanding some or all herein contained that time is of the said indebtedness and obligations secured hereby may now essence, nor shall Beneficiary waive either any of its remedies or hereafter be otherwise secured, whether by guaranty, mortgage, deed options or its right to require prompt payment when due of trust, pledge, lien, assignment all Secured Obligations or otherwiseto consider failure so to pay a Default hereunder. Neither the acceptance of this Deed of Trust Mortgage nor its enforcement enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s or Beneficiary’s 's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Documents to the Trustee or Beneficiary or to which either of them may be otherwise entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Beneficiary shall be entitled to enforce payment of the Indebtedness and performance of any indebtedness the Obligations and to exercise or obligation secured hereby and cause Trustee to exercise all rights and powers under this Deed of Trust Mortgage or under any Project Document of the other Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness Indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust Mortgage nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Beneficiary's or Trustee’s or Beneficiary’s 's right to realize upon or enforce any other security now or hereafter held by Trustee or for the benefit of Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, Beneficiary shall be entitled to enforce and to cause Trustee to enforce this Deed of Trust Mortgage and any other security for the obligations hereby secured now or hereafter held by or for the benefit of Beneficiary or Trustee in such order and manner as they Beneficiary may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Beneficiary or Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Beneficiary or Trustee or Beneficiary or to which either of them Beneficiary or Trustee may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary. In no event shall Beneficiary, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Beneficiary, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), unless otherwise provided by applicable law, be deemed a "mortgagee in possession," and Beneficiary shall not in any way be made liable for any act, either of them may pursue inconsistent commission or omission, in connection with the exercise of such remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. (a) Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust or under any Project Document of the other Security Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guarantydeed of trust, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect TrusteeBeneficiary’s or BeneficiaryTrustee’s right to realize upon or enforce any other security now or hereafter held by Trustee Beneficiary or BeneficiaryTrustee, it being agreed that Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they Beneficiary or Trustee may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Security Documents to the Beneficiary or Trustee or Beneficiary or to which either of them may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Beneficiary or Trustee, as the Trustee case may be. In no event shall Beneficiary or Trustee, in the exercise of the remedies provided in this Deed of Trust (including, without limitation, in connection with the assignment of Rents to Beneficiary, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be Project Name - County(ies) deemed a “mortgagee in possession,” and neither Beneficiary nor Trustee shall in any way be made liable for any act, either of them commission or omission, in connection with the exercise of such remedies. (b) Without limiting the generality of Section 16(a), except as otherwise provided in Section 16(c) below, neither the enforcement of any of the remedies under Sections 5 and 16 hereof, the security interests under Section 9, the assignment of Rents under Section 10, nor any other remedies afforded to Beneficiary under the Security Documents, at law or in equity shall cause Beneficiary, any Lender or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Beneficiary, any Lender or Trustee to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise. (c) Notwithstanding the provisions of Section 16(b) above, Beneficiary shall not obtain title to a deed in lieu of foreclosure or otherwise, or take any other action with respect to the Mortgaged Property, if, as a result of any such action, Beneficiary could, in its reasonable judgment be considered to hold title to, to be a “mortgagee-in-possession” of, or to be an “owner” or “operator” of the Mortgaged Property within the meaning of Comprehensive Environmental Response, Compensation and Liability Act Of 1980 (42 U.S.C. Sections 9601 et seq.), as amended, or any comparable law, unless: (i) Beneficiary has previously and reasonably determined, based on a Phase I environmental site assessment (and any additional environmental testing that Beneficiary deems necessary and prudent) of such Mortgaged Property conducted by an independent third party who regularly conducts Phase I environmental site assessments and performed during the 12-month period preceding any such acquisition of title or other action, that the Mortgaged Property is in compliance with applicable environmental laws and regulations and there are no circumstances or conditions present at the Mortgaged Property relating to the use, management or disposal of Hazardous Materials for which investigation, testing, monitoring, containment, clean-up or remediation could be required under any applicable environmental laws and regulations; or (ii) in the event that the determination described in clause (i) above cannot be made, Beneficiary has previously and reasonably determined, on the same basis as described in clause (i) above, that it would maximize the recovery to the Secured Parties on a present value basis to acquire title to or possession of the Mortgaged Property and to take such remedial, corrective and/or other further actions as are necessary to bring the Mortgaged Property into compliance with applicable environmental laws and regulations and to appropriately address any of the circumstances and conditions referred to in clause (i) above. (d) Beneficiary shall undertake, in good faith, reasonable efforts to make the determination referred to in clause (ii) above, and may pursue inconsistent remediesconclusively rely on the Phase I environmental site assessment referred to above, and upon an opinion of counsel, in making such determination. Trustor The cost of any such Phase I environmental site assessment and any such opinion of counsel, and the cost of any Phase II environmental site assessment, additional environmental testing Project Name - County(ies) and remedial, corrective or other further action contemplated by clause (i) or clause (ii) above, shall be paid at the sole expense of Grantor. (e) If the environmental testing contemplated by Section 16(b) above establishes that any of the conditions set forth in clause (i) have not been satisfied with respect to the Mortgaged Property, Beneficiary shall take such action (other than proceeding against the Mortgaged Property) and, at such time as it deems appropriate, may be joined in any action brought by Beneficiary to foreclose under release all or otherwise enforce a portion of such Mortgaged Property from the lien of this Deed of Trust, provided that prior to the release of all or a portion of the Mortgaged Property from the lien of this Deed of Trust (a) Beneficiary shall have notified the Lenders in writing of its intention to so release all or a portion of such Mortgaged Property and (b) the holders of a majority of the outstanding principal balance of the Obligations shall not have objected to such release within thirty (30) days of the distribution of the last of such notices. (d) Section 29 of the Deed of Trust is hereby amended by deleting such section in its entirety and replacing it with the following:

Remedies Not Exclusive. Subject to Article XIII of the Contract, the Trustee and the Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness Indebtedness or obligation obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any Project Document or other agreement securing or relating to the Indebtedness secured hereby or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness Indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect the Trustee’s or the Beneficiary’s right to realize upon or enforce any other security now or hereafter held by the Trustee or the Beneficiary, it being agreed that the Trustee and the Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by the Beneficiary or the Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to the Trustee or the Beneficiary is intended to be exclusive of any other remedy herein, herein or granted to Beneficiary under by law provided or preclusive of any other agreement, remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of instrument securing or relating to the Transaction Documents Indebtedness secured hereby to the Trustee or the Beneficiary or to which either of them may be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, the Beneficiary and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust Mortgage or under any Project Document of the other Credit Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guarantydeed of trust, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust Mortgage nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Trustee’s or Beneficiary’s right Mortgagee's rights to realize upon or enforce any other security now or hereafter held by Trustee or BeneficiaryMortgagee, it being agreed that Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce this Deed of Trust Mortgage and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee Mortgagee in such order and manner as they Mortgagee may determine in their its absolute discretion determinediscretion, subject to the Intercreditor Agreement. No remedy herein conferred upon or reserved to Trustee or Beneficiary Mortgagee is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Credit Documents to the Trustee or Beneficiary Mortgagee or to which either of them it may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee, as the Trustee case may be. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, or Beneficiarythe appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a "Mortgagee in possession," and Mortgagee shall not in any way be made liable for any act, either of them may pursue inconsistent commission or omission, in connection with the exercise of such remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby Secured Obligation and to exercise all rights and powers under this Deed of Trust Mortgage or under any Project other Loan Document or other agreement or any law now or hereafter in forcelaw, notwithstanding even if some or all of the said indebtedness and obligations secured hereby Secured Obligations may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, mortgage, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce this Deed of Trust Mortgage and any other security for the obligations hereby secured now or hereafter Secured Obligations held by Beneficiary or Trustee Mortgagee in such order and manner as they it may in their its absolute discretion determinedetennine. No remedy herein conferred upon or reserved to Trustee or Beneficiary Mortgagee is intended to be exclusive of any other remedy hereinin this Mortgage, or granted to Beneficiary under any and other agreement, or by law provided or permittedat law, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted available to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statuteMortgagee. Every power or remedy given by any of the Transaction Loan Documents to the Trustee or Beneficiary Mortgagee or to which either of them it may be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or BeneficiaryMortgagee, and either of them it may pursue inconsistent remedies. Trustor Mortgagor may be joined in any action brought by Beneficiary Mortgagee to foreclose under or otherwise enforce this Deed of TrustMortgage.

Remedies Not Exclusive. Trustee and BeneficiaryLender, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby and to exercise all rights and powers under this Deed of Trust or under any Project Loan Document or other agreement or any law now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations obligation secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s 's or Beneficiary’s Lender's right to realize upon or enforce any other security now or hereafter held by Trustee or BeneficiaryLender, it being agreed that Trustee and BeneficiaryLender, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary Lender or Trustee in such order or r and manner as they may in m their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary Lender is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Financing Documents to the Trustee or Beneficiary Lender or to which either of them may be otherwise entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.21

Remedies Not Exclusive. Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce payment of the Term Loan Secured Obligations and performance of any indebtedness or obligation secured hereby the Grantor’s obligations under the Loan Documents and to exercise all rights and powers under this Deed of Trust or under any Project Document of the other Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and such obligations secured hereby may now or hereafter be otherwise secured, whether by guarantydeed of trust, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect TrusteeBeneficiary’s or BeneficiaryTrustee’s right to realize upon or enforce any other security now or hereafter held by Trustee Beneficiary or BeneficiaryTrustee, it being agreed that Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they Beneficiary may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Beneficiary or Trustee or Beneficiary or to which either of them may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Beneficiary or Trustee, as the Trustee case may be. In no event shall Beneficiary or BeneficiaryTrustee, and either in the exercise of them may pursue inconsistent remedies. Trustor may be joined the remedies provided in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of TrustTrust (including, without limitation, in connection with the assignment of Rents, or the appointment of a receiver and the entry of such receiver on to all or any part of the Trust Property), be deemed a “mortgagee in possession,” and neither Beneficiary nor Trustee shall in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies, except for their own bad faith, gross negligence or willful misconduct.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Beneficiary shall be entitled to enforce payment of the Indebtedness and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust or under any Project Document of the other Loan Documents Denver County, Co. or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness Indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, Beneficiary shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they Beneficiary may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Trustee or Beneficiary or to which either of them it may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary. In no event shall Beneficiary, and either in the exercise of them may pursue inconsistent remedies. Trustor may be joined the remedies provided in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of TrustTrust (including, without limitation, in connection with the assignment of Rents to Beneficiary, or the appointment of a receiver and the entry of such receiver on to all or any part of the Collateral Property), be deemed a “Beneficiary in possession,” and Beneficiary shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby Secured Obligations and to exercise all rights and powers under this Deed of Trust or under any Project Document Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Secured Obligations may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, guaranty, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s 's or Beneficiary’s 's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Trustee or Beneficiary or to which either of them may be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, Beneficiary and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by The failure on the part of Beneficiary to foreclose under or otherwise promptly enforce this Deed any right hereunder shall not operate as a waiver of Trustsuch right.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust Mortgage or under any Project Document of the other Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guarantydeed of trust, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust Mortgage nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Trustee’s or Beneficiary’s right Mortgagee's rights to realize upon or enforce any other security now or hereafter held by Trustee or BeneficiaryMortgagee, it being agreed that Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce this Deed of Trust Mortgage and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee Mortgagee in such order and manner as they Mortgagee may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary Mortgagee is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Trustee or Beneficiary Mortgagee or to which either of them may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee, as the Trustee case may be. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, or Beneficiarythe appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and Mortgagee shall not in any way be made liable for any act, either of them may pursue inconsistent commission or omission, in connection with the exercise of such remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce payment and performance of any indebtedness or obligation obligations secured hereby and to exercise all rights and powers under this Deed of Trust Mortgage or under any Project Document Credit Instrument or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust Mortgage nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s or Beneficiary’s Mortgagee's right to realize upon or enforce any other security now or hereafter held by Trustee or BeneficiaryMortgagee, it being agreed that Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce this Deed of Trust Mortgage and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee Mortgagee in such order and manner as they may Mortgagee may, in their its absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary Mortgagee is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Documents Loan Instruments to the Trustee or Beneficiary or to which either of them may be otherwise entitled Mortgagee may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, Mortgagee and either of them Mortgagee may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Beneficiary and Trustee and Beneficiary, and each of them, shall be ---------------------- entitled to enforce payment of the Indebtedness and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust or under any Project Document of the other Credit Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness Indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guarantydeed of trust, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Beneficiary's or Trustee’s or Beneficiary’s 's right to realize upon or enforce any other security now or hereafter held by Trustee Beneficiary or BeneficiaryTrustee, it being agreed that Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they Beneficiary may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Credit Documents to the Beneficiary or Trustee or Beneficiary or to which either of them may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Beneficiary or Trustee, as the Trustee case may be. In no event shall Beneficiary or BeneficiaryTrustee, and either in the exercise of them may pursue inconsistent remedies. Trustor may be joined the remedies provided in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of TrustTrust (including in connection with the Assignment of Leases, or the appointment of a receiver and the entry of such receiver on to all or any part of the Trust Property), be deemed a "mortgagee in possession," and neither Beneficiary nor Trustee shall in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies except for its gross negligence or willful misconduct.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby of the Secured Obligations and to exercise all rights and powers under this Deed of Trust or under any Project Document of the other Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding that some or all of the said indebtedness Indebtedness and obligations secured hereby Secured Obligations may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s 's or Beneficiary’s 's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Trustee or Beneficiary Beneficiary, or to which either of them may be otherwise entitled entitled, may be exercised, exercised concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby the Loan Obligations and to exercise all rights and powers under this Deed of Trust Mortgage or under any Project Document other of the Loan Documents or other agreement or under any law laws now or hereafter in force, notwithstanding that some or all of the said indebtedness and obligations secured hereby Loan Obligations may now or hereafter be otherwise secured, whether by guarantymortgages, mortgage, deed deeds of trust, pledgedeeds to secure debt, lienpledges, assignment liens, assignments or otherwise. Neither the acceptance of this Deed of Trust Mortgage nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s or Beneficiary’s Mortgagee's right to realize upon or enforce any other security now or hereafter held by Trustee or BeneficiaryMortgagee as security for the performance of Mortgagor's obligations under the Loan Documents, it being agreed that Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce this Deed of Trust Mortgage and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee Mortgagee as security for the performance of Mortgagor's obligations under the Loan Documents in such order and manner as they it may in their its absolute discretion determine. No right or remedy herein conferred upon or reserved to Trustee or Beneficiary Mortgagee is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other right and remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Trustee or Beneficiary Mortgagee or to which either of them it otherwise may be otherwise entitled entitled, may be exercised, exercised concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or BeneficiaryMortgagee, and either of them it may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any Project Document Loan Instrument or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said such indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s 's or Beneficiary’s 's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Documents Loan Instruments to the Trustee or Beneficiary or to which either of them may be otherwise entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, is independent and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor may be joined in any to the extent such action brought is permitted by Beneficiary to foreclose under or otherwise enforce this Deed of Trustlaw.

Remedies Not Exclusive. Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby the Note Obligations and to exercise all rights and powers under this Deed of Trust or under Trust, any Project Document other Note Obligation Document, or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Note Obligations may now or hereafter be otherwise secured, whether by guarantydeed of trust, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Beneficiary's or Trustee’s or Beneficiary’s 's right to realize upon or enforce any other security now or hereafter held by Trustee Beneficiary or BeneficiaryTrustee, it being agreed that Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they Beneficiary may determine in their its absolute discretion determinediscretion, subject to the provisions of the Collateral Agency Agreement. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of document evidencing the Transaction Documents Note Obligations to the Beneficiary or Trustee or Beneficiary or to which either of them may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Beneficiary or Trustee, as the Trustee case may be. In no event shall Beneficiary or BeneficiaryTrustee, and either in the exercise of them may pursue inconsistent remedies. Trustor may be joined the remedies provided in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of TrustTrust (including, without limitation, in connection with the assignment of Rents, or the appointment of a receiver and the entry of such receiver on to all or any part of the Trust Property), be deemed a "mortgagee in possession," and neither Beneficiary nor Trustee shall in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies, except for their own bad faith, gross negligence or willful misconduct.

Remedies Not Exclusive. Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust or under any Project Document of the other Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Beneficiary's or Trustee’s or Beneficiary’s 's right to realize upon or enforce any other security now or hereafter held by Trustee or BeneficiaryBeneficiary and Trustee, it being agreed that Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they Beneficiary may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Beneficiary or Trustee or Beneficiary or to which either of them may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Beneficiary or Trustee. In no event shall Beneficiary or Trustee, in the Trustee or Beneficiary, and either exercise of them may pursue inconsistent remedies. Trustor may be joined the remedies provided in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of TrustTrust (including, without limitation, in connection with the assignment of Rents to Beneficiary, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and Beneficiary and Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust Mortgage or under any Project Document of the other Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guarantydeed of trust, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust Mortgage nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner Table of Contents affect TrusteeMortgagee’s or Beneficiary’s right rights to realize upon or enforce any other security now or hereafter held by Trustee or BeneficiaryMortgagee, it being agreed that Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce this Deed of Trust Mortgage and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee Mortgagee in such order and manner as they Mortgagee may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary Mortgagee is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Trustee or Beneficiary Mortgagee or to which either of them may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee, as the Trustee case may be. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, or Beneficiarythe appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a “mortgagee in possession,” and Mortgagee shall not in any way be made liable for any act, either of them may pursue inconsistent commission or omission, in connection with the exercise of such remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, The Mortgagee shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust Mortgage or under any Project Document of the other Collateral Agreements or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guarantydeed of trust, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust Mortgage nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Trustee’s or Beneficiary’s right the Mortgagee's rights to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiarythe Mortgagee, it being agreed that Trustee and Beneficiary, and each of them, the Mortgagee shall be entitled to enforce this Deed of Trust Mortgage and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee the Mortgagee in such order and manner as they the Mortgagee may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary the Mortgagee is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Documents Collateral Agreements to the Trustee or Beneficiary Mortgagee or to which either of them may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee Mortgagee, as the case may be. In no event shall the Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to the Mortgagee, or Beneficiarythe appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and the Mortgagee shall not in any way be made liable for any act, either of them may pursue inconsistent commission or omission, in connection with the exercise of such remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and BeneficiaryCollateral Agent, and each of them, shall be are entitled to enforce payment and performance of any indebtedness or obligation obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any Project Transaction Document or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall will prejudice or in any manner affect Trustee’s or BeneficiaryCollateral Agent’s right to realize upon or enforce any other security now or hereafter held by Trustee or BeneficiaryCollateral Agent, it being agreed that Trustee and BeneficiaryCollateral Agent, and each of them, shall be is entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary Collateral Agent or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary Collateral Agent is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be is cumulative and shall be is in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Documents to the Trustee or Beneficiary Collateral Agent or to which either of them may be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, Collateral Agent and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce payment and performance of any indebtedness or obligation obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any Project Document Mortgage or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust Mortgage nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s or BeneficiaryMortgagee’s right to realize upon or enforce any other security now or hereafter held by Trustee or BeneficiaryMortgagee, it being agreed that Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce this Deed of Trust Mortgage and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee Mortgagee in such order and manner as they may Mortgagee may, in their its absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary Mortgagee is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by the Credit Agreement, any of the Transaction Loan Documents to the Trustee or Beneficiary or to which either of them may be otherwise entitled Mortgagee may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, Mortgagee and either of them Mortgagee may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby the Secured Obligations and to exercise all rights and powers under this Deed of Trust Mortgage or under any Project Document of the other Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Secured Obligations may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust Mortgage nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect TrusteeMortgagee’s or Beneficiary’s right rights to realize upon or enforce any other security now or hereafter held by Trustee or BeneficiaryMortgagee, it being agreed that Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce this Deed of Trust Mortgage and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee Mortgagee in such order and manner as they Mortgagee may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary Mortgagee is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Trustee or Beneficiary Mortgagee or to which either of them may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee, as the Trustee case may be. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, or Beneficiarythe appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a “Mortgagee in possession,” and Mortgagee shall not in any way be made liable for any act, either of them may pursue inconsistent commission or omission, in connection with the exercise of such remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust or under any Project Document of the other Credit Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guarantydeed of trust, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect TrusteeBeneficiary’s or BeneficiaryTrustee’s right to realize upon or enforce any other security now or hereafter held by Trustee Beneficiary or BeneficiaryTrustee, it being agreed that Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they Beneficiary or Trustee may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Credit Documents to the Beneficiary or Trustee or Beneficiary or to which either of them may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Beneficiary or Trustee, as the Trustee case may be. In no event shall Beneficiary or BeneficiaryTrustee, and either in the exercise of them may pursue inconsistent remedies. Trustor may be joined the remedies provided in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of TrustTrust (including, without limitation, in connection with the assignment of Rents to Beneficiary, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a “mortgagee in possession,” and neither Beneficiary nor Trustee shall in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby the Secured Obligations and to exercise all rights and powers under this Deed of Trust or under any Project Document of the other Financing Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Secured Obligations may now or hereafter be otherwise secured, whether by guarantydeed of trust, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect TrusteeBeneficiary’s or BeneficiaryTrustee’s right to realize upon or enforce any other security now or hereafter held by Trustee or BeneficiaryBeneficiary and Trustee, it being agreed that Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they Beneficiary or Trustee may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Financing Documents to the Beneficiary or Trustee or Beneficiary or to which either of them may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Beneficiary or Trustee as the Trustee case may be. In no event shall Beneficiary or BeneficiaryTrustee, and either in the exercise of them may pursue inconsistent remedies. Trustor may be joined the remedies provided in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of TrustTrust (including, without limitation, in connection with the assignment of Rents to Beneficiary, or the appointment of a receiver and the entry of such receiver on to all or any part of the Trust Property), be deemed a “mortgagee in possession,” and neither Beneficiary nor Trustee shall in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies except gross negligence or willful misconduct after Beneficiary takes possession or title.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, The Beneficiary shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust or under any Project Document or other agreement or any law laws now or hereafter in force, notwithstanding that some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, security deed, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s or the Beneficiary’s right to realize upon or enforce any other security now or hereafter held by Trustee or the Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, the Beneficiary shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by the Beneficiary or Trustee in such order and manner as they it may in their its absolute and sole discretion and election determine. No remedy herein conferred upon or reserved to Trustee or the Beneficiary is intended to be exclusive of any other remedy herein, herein or granted to Beneficiary under in any of the other agreement, Secured Debt Agreements or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Documents to the Trustee or Beneficiary or to which either of them may be otherwise the Beneficiary is entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, and either of them the Beneficiary may pursue inconsistent remedies. Trustor may be joined in any action brought by No delay or omission of the Beneficiary to foreclose exercise any right or power accruing upon any Event of Default shall impair any right or power or shall be construed as a waiver of any Event of Default or any acquiescence therein. If the Beneficiary shall have proceeded to invoke any right or remedy hereunder or under any other Secured Debt Agreement, and shall thereafter elect to discontinue or otherwise enforce this Deed abandon it for any reason, the Beneficiary shall have the unqualified right to do so and, in such an event, the rights and remedies of Trustthe Beneficiary shall continue as if such right or remedy had never been invoked, but no such discontinuance or abandonment shall waive any Event of Default which may then exist or the right of the Beneficiary thereafter to exercise any right or remedy under the Secured Debt Agreements for such Event of Default.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby and to exercise all rights and powers under this Deed of Trust or under any Project Document Loan Instrument or other agreement or any law now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s 's or Beneficiary’s 's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Documents Loan Instruments to the Trustee or Beneficiary or to which either of them may be otherwise entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Beneficiary shall be entitled to enforce payment of the Obligations and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under the Indenture or this Deed of Trust or under any Project Document of the other Security Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s or 's and Beneficiary’s 's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that . Trustee and Beneficiary, and each of them, Beneficiary shall be entitled to enforce this Deed of Of Trust and any other security for the obligations hereby secured now or hereafter held by Trustee or Beneficiary or Trustee in such order and manner as they Trustee or Beneficiary may determine in their its absolute discretion determinediscretion. No To the extent permitted by law, no remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, in the Indenture or granted to Beneficiary under in any other agreement, Security Document or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every To the extent permitted by law, every power or remedy given by this Deed Of Trust, the Indenture or any of the Transaction other Security Documents to the Trustee or Beneficiary or to which either of them it may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary. In no event shall Trustee or Beneficiary, in the exercise of the remedies provided in this Deed Of Trust (including, without limitation, in connection with the assignment of Rents, or the appointment of a receiver and the entry of such receiver onto all or any part of the Trust Property), be deemed a "mortgagee in possession," and Trustee and Beneficiary shall not in any way be made liable for any act, either of them may pursue inconsistent commission or omission, in connection with the exercise of such remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Beneficiary shall be entitled to enforce payment of the Indebtedness and performance of any indebtedness or obligation secured hereby the. Obligations and to ,exercise all rights and powers under this Deed of Trust or under any Project Document of the other Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness Indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, Beneficiary shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they as. Beneficiary may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Trustee or Beneficiary or to which either of them it may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary. In no event shall Beneficiary, and either in the exercise of them may pursue inconsistent remedies. Trustor may be joined the remedies provided in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of TrustTrust in connection with the assignment of Rents to Beneficiary, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property, be deemed a “beneficiary in possession,” and Beneficiary shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Subject to the Enforcement Limitation as defined in the Contract, the Trustee and the Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness Indebtedness or obligation obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any Project Document or other agreement securing or relating to the Indebtedness secured hereby or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness Indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect the Trustee’s or the Beneficiary’s right to realize upon or enforce any other security now or hereafter held by the Trustee or the Beneficiary, it being agreed that the Trustee and the Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by the Beneficiary or the Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to the Trustee or the Beneficiary is intended to be exclusive of any other remedy herein, herein or granted to Beneficiary under by law provided or preclusive of any other agreement, remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of instrument securing or relating to the Transaction Documents Indebtedness secured hereby to the Trustee or the Beneficiary or to which either of them may be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, the Beneficiary and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any Project Document Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s 's or Beneficiary’s 's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Documents to the Trustee or Beneficiary or to which either of them may be otherwise entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.hereafter

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce payment and performance of any indebtedness Indebtedness or obligation obligations secured hereby and to exercise all rights and powers remedies under this Deed of Trust Mortgage, the Mortgage Notes or under any Project Document the other Loan Documents or other agreement otherwise at law or any law now or hereafter in forceequity, notwithstanding that some or all of the said indebtedness Indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust Mortgage nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Trustee’s or Beneficiary’s Mortgagee's right to realize upon or enforce any other security now or hereafter held by Trustee or BeneficiaryMortgagee, it being agreed that Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce this Deed of Trust Mortgage and any other security for the obligations hereby secured now or hereafter held by Beneficiary Mortgagee hereunder, under any of the other Loan Documents or Trustee otherwise in such order and manner as they Mortgagee may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary Mortgagee is intended to be exclusive of any other remedy hereinavailable hereunder, or granted to Beneficiary under any of the other agreement, Loan Documents or by otherwise available at law provided or permittedin equity, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statuteequity. Every power right or remedy given by any of the Transaction Mortgage Notes, the other Loan Documents or this Mortgage to the Trustee or Beneficiary Mortgagee or to which either of them may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of TrustMortgagee.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Grantee shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust or under any Project Document of the other Loan Documents or other agreement or any law laws now or hereafter in forceforce (subject to the terms of any documentation governing any Permitted Receivables Transaction), notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guarantydeed to secure debt, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Trustee’s or BeneficiaryGrantee’s right to realize upon or enforce any other security now or hereafter held by Trustee or BeneficiaryGrantee, it being agreed that Trustee and Beneficiary, and each of them, Grantee shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee Grantee in such order and manner as they Grantee may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary Grantee is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Trustee or Beneficiary Grantee or to which either of them it may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Grantee, as the Trustee case may be. In no event shall Grantee, in the exercise of the remedies provided in this Deed (including, without limitation, in connection with the assignment of Rents to Grantee, or Beneficiarythe appointment of a receiver and the entry of such receiver on to all or any part of the Secured Property), be deemed a “beneficiary in possession,” and Grantee shall not in any way be made liable for any act, either of them may pursue inconsistent commission or omission, in connection with the exercise of such remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby Secured Obligation and to exercise all rights and powers under this Deed of Trust or under any Project other Loan Document or other agreement or any law now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Secured Obligations may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust Trust, nor its enforcement enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s 's or Beneficiary’s 's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given hereby or by any of the Transaction other Loan Documents to the Trustee or Beneficiary or to which either of them may be otherwise entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Trustor may be joined remedies as each in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trusttheir sole discretion shall deem appropriate.

Remedies Not Exclusive. Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust or under any Project Document of the other Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guarantydeed of trust, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect TrusteeBeneficiary’s or BeneficiaryTrustee’s right to realize upon or enforce any other security now or hereafter held by Trustee Beneficiary or BeneficiaryTrustee, it being agreed that Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they Beneficiary or Trustee may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Beneficiary or Trustee or Beneficiary or to which either of them may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Beneficiary or Trustee, as the Trustee case may be. In no event shall Beneficiary or BeneficiaryTrustee, and either in the exercise of them may pursue inconsistent remedies. Trustor may be joined the remedies provided in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of TrustTrust (including, without limitation, in connection with the assignment of Rents to Beneficiary, or the appointment of a receiver and the entry of such receiver on to all or any part of the Trust Property), be deemed a “mortgagee in possession,” and neither Beneficiary nor Trustee shall in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Trustee The rights and Beneficiary, remedies of The Source and each of them, K-Sub provided for in this Article or otherwise in this Agreement shall be entitled deemed to enforce payment be cumulative and performance in addition to and not in limitation or exclusion of any indebtedness or obligation secured hereby and to exercise all other rights and powers under this Deed of Trust or under any Project Document or other agreement or any law now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby may now or hereafter be otherwise securedremedies, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance provisions of this Deed of Trust nor its enforcement whether by court action Agreement or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or otherwise, which may exist on the part of The Source or K-Sub by statutereason of any misrepresentation or breach of warranty, covenant or agreement on the part of Seller or Company hereunder. Every power Such rights and remedies shall be cumulative and may be exercised at any time or from time to time, and any failure or delay of The Source or K-Sub in exercising any right or remedy given at any time shall not constitute a waiver thereof or restrict its subsequent enforcement or the enforcement of any other right or remedy of The Source or K-Sub. In addition to any other rights and remedies of The Source and K-Sub hereunder or otherwise, any amounts due and payable to The Source or K-Sub by reason of the obligations of Seller or Company to indemnify The Source and K-Sub and hold The Source and K-Sub harmless hereunder, including the amount of any Equity Deficit, shall be first recoverable by The Source against the Indemnification Escrow and thereafter shall be subject to a right of, and shall first be applied in, setoff and reduction on the part of The Source and K-Sub against any amounts due and payable by The Source or K-Sub to Seller hereunder or under any other agreement, except as any of the Transaction Documents same have been previously delivered or paid to Seller, or, at the Trustee or Beneficiary or written request of The Source, if the amount available to which either of them may be otherwise entitled may recovered from the Indemnification Escrow is insufficient, shall be exercised, concurrently or independently, from time payable directly by Seller to time and as often as may be deemed expedient by the Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of TrustThe Source upon demand.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust Mortgage or under any Project Document of the other Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust Mortgage nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Trustee’s or Beneficiary’s Mortgagee's right to realize upon or enforce any other security now or hereafter held by Trustee or BeneficiaryMortgagee, it being agreed that Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce this Deed of Trust Mortgage and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee Mortgagee in such order and manner as they Mortgagee may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary Mortgagee is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Trustee or Beneficiary Mortgagee or to which either of them it may otherwise be otherwise entitled entitled, may be exercised, 334 concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the Trustee exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, or Beneficiarythe appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and Mortgagee shall not in any way be made liable for any act, either of them may pursue inconsistent commission or omission, in connection with the exercise of such remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby and to exercise all rights and powers under this Deed of Trust or under any Project Document or other agreement or any law now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Documents to the Trustee or Beneficiary or to which either of them may be otherwise entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Grantee shall be entitled to enforce payment and performance of any indebtedness or obligation secured Secured Obligations hereby and to exercise all rights and powers under this Deed of Trust Mortgage or under any Project Document Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Secured Obligations may now or hereafter be otherwise secured, whether by guarantysecurity deed, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust Mortgage nor its enforcement enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s or BeneficiaryGrantee’s right to realize upon or enforce any other security now or hereafter held by Trustee or BeneficiaryGrantee, it being agreed that Trustee and Beneficiary, and each of them, Grantee shall be entitled to enforce this Deed of Trust Mortgage and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee Grantee in such order and manner as they it may in their its absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary Grantee is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Trustee or Beneficiary Grantee, or to which either of them Grantee may be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, and either of them Grantee. Grantee may pursue inconsistent remediesremedies The acceptance by Grantee of any sum after the same is due shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums hereby secured or to declare a default as herein provided. Trustor may The acceptance by Grantee of any sum in an amount less than the sum then due shall be joined deemed an acceptance on account only and upon condition that it shall not constitute a waiver of the obligation of Grantor to pay the entire sum then due, and failure of Grantor to pay such entire sum then due shall be and continue to be an Event of Default notwithstanding such acceptance of such amount on account, as aforesaid. Grantee shall be, at all times thereafter and until the entire sum then due shall have been paid, and notwithstanding the acceptance by Grantee thereafter of further sums on account, or otherwise, entitled to exercise all rights in this instrument conferred upon them or either of them, and the right to proceed with a sale under any notice of default, or an election to sell, or the right to exercise any other rights or remedies hereunder, shall in no way be impaired, whether any of such amounts are received prior or subsequent to such proceeding, election or exercise. Consent by Grantee to any action brought by Beneficiary or inaction of Grantor which is subject to foreclose under consent or otherwise enforce this Deed approval of TrustGrantee hereunder shall not be deemed a waiver of the right to require such consent or approval to future or successive actions or inactions.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, The Grantee shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Security Deed of Trust or under any Project Document of the other Indenture Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guarantydeed to secure debt, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Security Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Trustee’s or Beneficiary’s right the Grantee's rights to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiarythe Grantee, it being agreed that Trustee and Beneficiary, and each of them, the Grantee shall be entitled to enforce this Security Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee the Grantee in such order and manner as they the Grantee may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary the Grantee is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Indenture Documents to the Trustee or Beneficiary Grantee or to which either of them may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee Grantee, as the case may be. In no event shall the Grantee, in the exercise of the remedies provided in this Security Deed (including, without limitation, in connection with the assignment of Rents to the Grantee, or Beneficiarythe appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and the Grantee shall not in any way be made liable for any act, either of them may pursue inconsistent commission or omission, in connection with the exercise of such remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any Project Document Loan Instrument or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said such indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Documents to the Trustee or Beneficiary or to which either of them may be otherwise entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust Mortgage or under any Project Document of the other Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guarantydeed of trust, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust Mortgage nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect TrusteeMortgagee’s or Beneficiary’s right rights to realize upon or enforce any other security now or hereafter held by Trustee or BeneficiaryMortgagee, it being agreed that Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce this Deed of Trust Mortgage and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee Mortgagee in such order and manner as they Mortgagee may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary Mortgagee is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Trustee or Beneficiary Mortgagee or to which either of them may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee, as the Trustee case may be. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including in connection with the assignment of Rents to Mortgagee, or Beneficiarythe appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a “Mortgagee in possession,” and Mortgagee shall not in any way be made liable for any act, either of them may pursue inconsistent commission or omission, in connection with the exercise of such remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, The Beneficiary shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust or under any Project Document or other agreement or any law laws now or hereafter in force, notwithstanding that some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, security deed, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s or the Beneficiary’s right to realize upon or enforce any other security now or hereafter held by Trustee or the Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, the Beneficiary shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by the Beneficiary or Trustee in such order and manner as they it may in their its absolute and sole discretion and election determine. No remedy herein conferred upon or reserved to Trustee or the Beneficiary is intended to be exclusive of any other remedy herein, herein or granted to Beneficiary under in any of the other agreement, Secured Debt Agreements or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every Amended and Restated Deed of Trust — ______ County, NC power or remedy given by any of the Transaction Documents to the Trustee or Beneficiary or to which either of them may be otherwise the Beneficiary is entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, and either of them the Beneficiary may pursue inconsistent remedies. Trustor may be joined in any action brought by No delay or omission of the Beneficiary to foreclose exercise any right or power accruing upon any Event of Default shall impair any right or power or shall be construed as a waiver of any Event of Default or any acquiescence therein. If the Beneficiary shall have proceeded to invoke any right or remedy hereunder or under any other Secured Debt Agreement, and shall thereafter elect to discontinue or otherwise enforce this Deed abandon it for any reason, the Beneficiary shall have the unqualified right to do so and, in such an event, the rights and remedies of Trustthe Beneficiary shall continue as if such right or remedy had never been invoked, but no such discontinuance or abandonment shall waive any Event of Default which may then exist or the right of the Beneficiary thereafter to exercise any right or remedy under the Secured Debt Agreements for such Event of Default.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby all of the Obligations and to exercise all rights and powers under this Deed of Trust Mortgage, or under any Project Document of the Security Documents, or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust Mortgage nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Trustee’s or BeneficiaryMortgagee’s right to realize upon or enforce any other security now or hereafter held by Trustee or BeneficiaryMortgagee, it being agreed that Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce this Deed of Trust Mortgage and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee Mortgagee in such order and manner as they Mortgagee may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary Mortgagee is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by the Credit Agreement or any of the Transaction Other Documents to the Trustee or Beneficiary Mortgagee or to which either of them Mortgagee may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the Trustee exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, or Beneficiarythe appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a “beneficiary in possession,” and Mortgagee shall not in any way be made liable for any act, either of them may pursue inconsistent commission or omission, in connection with the exercise of such remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce payment of the Noteholder Secured Obligations and performance of any indebtedness or obligation secured hereby the Grantor’s obligations under the Indenture Documents and the Security Documents and to exercise all rights and powers under this Deed of Trust or under any Project Document of the other Indenture Documents or Security Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and such obligations secured hereby may now or hereafter be otherwise secured, whether by guarantydeed of trust, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect TrusteeBeneficiary’s or BeneficiaryTrustee’s right to realize upon or enforce any other security now or hereafter held by Trustee Beneficiary or BeneficiaryTrustee, it being agreed that Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they Beneficiary may determine in their absolute discretion determinediscretion, subject to the terms of the Intercreditor Agreement. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Indenture Documents or Security Documents to the Beneficiary or Trustee or Beneficiary or to which either any of them may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Beneficiary or Trustee, as the Trustee case may be. In no event shall Beneficiary or BeneficiaryTrustee, and either in the exercise of them may pursue inconsistent remedies. Trustor may be joined the remedies provided in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of TrustTrust (including, without limitation, in connection with the assignment of Rents, or the appointment of a receiver and the entry of such receiver on to all or any part of the Trust Property), be deemed a “mortgagee in possession,” and neither Beneficiary nor Trustee shall in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies, except for their own bad faith, gross negligence or willful misconduct.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Grantee shall be entitled to enforce payment of the Indebtedness and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust or under any Project Document of the other Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness Indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guarantydeed to secure debt, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Trustee’s or Beneficiary’s Grantee's right to realize upon or enforce any other security now or hereafter held by Trustee or BeneficiaryGrantee, it being agreed that Trustee and Beneficiary, and each of them, Grantee shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee Grantee in such order and manner as they Grantee may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary Grantee is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Trustee or Beneficiary Grantee or to which either of them it may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Grantee. In no event shall Grantee, in the Trustee exercise of the remedies provided in this Deed (including, without limitation, in connection with the assignment of Rents to Grantee, or Beneficiarythe appointment of a receiver and the entry of such receiver on to all or any part of the Subject Property), be deemed a "mortgagee in possession," and Grantee shall not in any way be made liable for any act, either of them may pursue inconsistent commission or omission, in connection with the exercise of such remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce payment of the Obligations and performance of any indebtedness or obligation secured hereby the Performance Obligations and to exercise all rights and powers under this Deed of Trust or under any Project Document of the other Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness Obligations and obligations secured hereby Performance Obligations may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Beneficiary's or Trustee’s or Beneficiary’s 's right to realize upon or enforce any other security now or hereafter held by Trustee Beneficiary or BeneficiaryTrustee, it being agreed that Beneficiary or Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or and Trustee in such order and manner as they Beneficiary may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Beneficiary or Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Beneficiary or Trustee or Beneficiary or to which either of them it may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Beneficiary or Trustee, as the Trustee case may be. In no event shall Beneficiary or BeneficiaryTrustee, and either in the exercise of them may pursue inconsistent remedies. Trustor may be joined the remedies provided in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of TrustTrust (including, without limitation, in connection with the assignment of Rents to Beneficiary, or the appointment of a receiver and the entry of such receiver on to all or any part of the Trust Property), be deemed a "Beneficiary in possession," and neither Beneficiary nor Trustee shall in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby and all of the Obligations and to exercise all rights and powers under this Deed of Trust or the Loan Documents and under any Project Document or other agreement or any the law now or hereafter in forceeffect, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment secured or otherwiseguaranteed. Neither the acceptance of this Deed of Trust nor its enforcement enforcement, whether by court action or pursuant to the power of sale or other powers rights herein contained, shall prejudice or in any manner affect Trustee’s or Beneficiary’s right to realize upon or enforce any other security or guaranty now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured or any guaranty now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreementhereunder, or now or hereafter existing at law or in equity or by statuteunder the law. Every power or remedy given by any of the Transaction Loan Documents or by law to the Trustee or Beneficiary or to which either of them may be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or BeneficiaryBeneficiary and, and to the extent permitted by law, either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, The Beneficiary shall be entitled to enforce payment and performance of any indebtedness or obligation the applicable Secured Obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any Project Document or other agreement Trust, or any law laws now or hereafter in forceenforced, notwithstanding that some or all of the said indebtedness and obligations secured hereby applicable Secured Obligations may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Trustee’s or the Beneficiary’s right to realize upon or enforce any other security now or hereafter held by Trustee the Beneficiary or Beneficiaryby the Secured Parties, it being agreed that Trustee and Beneficiary, and each of them, the Beneficiary shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by the Beneficiary or Trustee and the Secured Parties in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or the Beneficiary is intended to be exclusive of any other remedy hereinin this Deed of Trust, in the other Loan Documents, in the Indenture or granted by Applicable Law provided to the Beneficiary under or any other agreementSecured Party or to preclude any other remedy in this Deed of Trust, in the other Loan Documents, in the Indenture or by law Applicable Law provided or permittedpermitted to the Beneficiary or any other Secured Party, but each such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any in this Deed of Trust, in the other agreementLoan Documents, in the Indenture or now or hereafter existing at law or in equity or by statuteequity. Every power or remedy given by any of the Transaction Loan Documents or the Indenture, as applicable, to the Trustee Beneficiary or Beneficiary any Secured Party, as applicable, or to which either any of them may be otherwise entitled entitled, may be exercised, exercised concurrently or independently, independently from time to time and as often as may be deemed expedient by the Trustee Beneficiary or Beneficiarysuch Secured Party, and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trustas applicable.

Remedies Not Exclusive. Trustee Grantee, on behalf of and Beneficiaryas Collateral Agent for the Lenders, and each of them, shall be entitled to enforce payment and performance of any indebtedness Indebtedness or obligation obligations secured hereby and to exercise all rights and powers under this Security Deed of Trust or under any Project Loan Document or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness Indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Security Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s or Beneficiary’s Grantee's right to realize upon or enforce any other security now or hereafter held by Trustee Grantee or Beneficiaryany Lender, it being agreed that Trustee and Beneficiary, and each of them, Grantee shall be entitled to enforce this Security Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee Grantee on behalf of the Lenders, in such order and manner as they Grantee may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary Grantee is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Trustee Grantee or Beneficiary any Lender, or to which either any of them may be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, Grantee and either of them Grantee may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed remedies on behalf of Trustthe Lenders.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Beneficiary shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby the Secured Obligations and to exercise all rights and powers under this Deed of Trust or under any Project Document of the other Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Secured Obligations may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s or Beneficiary’s right rights to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, Beneficiary shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they Beneficiary may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Trustee or Beneficiary or to which either of them may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, and either as the case may be. In no event shall Beneficiary, in the exercise of them may pursue inconsistent remedies. Trustor may be joined the remedies provided in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of TrustTrust (including, without limitation, in connection with the assignment of Rents to Beneficiary, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a “Beneficiary in possession,” and Beneficiary shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. To the extent permitted by applicable law and subject to Article XIV of the Contract, Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness Indebtedness or obligation obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any Project Document or other agreement securing or relating to the Indebtedness secured hereby or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness Indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, herein or granted to Beneficiary under by law provided or preclusive of any other agreement, remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Documents instrument securing or relating to the Indebtedness secured hereby to Trustee or Beneficiary Beneficiary, or to which either of them may be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, Beneficiary and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee Trustee, Administrative Agent and BeneficiaryLenders, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation the Obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any Project other Loan Document or other agreement or any law laws now or hereafter in forceenforced, notwithstanding that some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement enforcement, whether by court action or pursuant to the power of sale contained herein or other powers herein containedset forth herein, shall prejudice or in any manner affect Trustee’s 's, Administrative Agent's or Beneficiary’s Lenders' right to realize upon or enforce any other security now or hereafter held by Trustee Trustee, Administrative Agent or Beneficiaryby Lenders, it being agreed that Trustee Trustee, Administrative Agent and BeneficiaryLenders, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary Administrative Agent, Lenders or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee Trustee, Administrative Agent or Beneficiary Lenders is intended to be exclusive of any other remedy herein, herein or granted by Applicable Law provided or to Beneficiary under preclude any other agreement, remedy herein or by law Applicable Law provided or permitted, but each such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statuteequity. Every power or remedy given by any of the Transaction Loan Documents to the Trustee Trustee, Administrative Agent or Beneficiary Lenders, or to which either of them may be otherwise entitled entitled, may be exercised, exercised concurrently or independently, independently from time to time and as often as may be deemed expedient by the Trustee Trustee, Administrative Agent or Beneficiary, and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of TrustLenders.

Remedies Not Exclusive. Subject to Article XV of the Installment Financing Contract, the Trustee and the Beneficiary, and each of them, shall be entitled to enforce payment and performance perfor ▇▇▇▇▇ of any indebtedness Indebtedness or obligation obligations secured hereby her ▇▇▇ and to exercise exerci se all rights righ ts and powers under this Deed of Trust or under any Project Document other agr eement securing or other agreement rel ating to the Indebt edness secured hereby or any law laws now or hereafter her eafter in forcefor ce, notwithstanding notwith standing some or all of the said indebtedness Indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgagemor tgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice prej udice or in any manner affect the Trustee’s or the Beneficiary’s right to realize upon or enforce any other security now or hereafter held by Trustee the Trus tee or Beneficiarythe Beneficiar y, it being agreed agr eed that the Trustee and the Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by the Beneficiary or Trustee the Tr ustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to the Trustee or the Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided provi ded or permittedpreclusive of any other remedy herein or by law provid ed or per mitted, but each shall be cumulative cumulati ve and shall be in addition addi tion to every ever y other remedy given hereunder or granted to Beneficiary under any other agreement, hereun der or now or hereafter existing her eafter existi ng at law or in equity or by statute. Every power or remedy given by any of instrument securing or relating to the Transaction Documents Indebtedness secured hereby to the Trustee or the Beneficiary or to which either of them may be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, the Beneficiary and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, MORTGAGEE shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby Obligations and to exercise all rights and powers under this Deed of Trust Mortgage or under the Note and other Loan Documents or any Project Document or other agreement executed in connection herewith or any law laws now or hereafter in force, notwithstanding some or all of the said such indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust Mortgage nor its enforcement enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s or Beneficiary’s MORTGAGEE'S right to realize upon or enforce any other security now or hereafter held by Trustee or BeneficiaryMORTGAGEE, it being agreed that Trustee and Beneficiary, and each of them, MORTGAGEE shall be entitled to enforce this Deed of Trust Mortgage and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee MORTGAGEE in such order and manner as they MORTGAGEE may in their its sole and absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary MORTGAGEE is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given gives hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Documents provided under this Mortgage to the Trustee or Beneficiary MORTGAGEE or to which either of them it may be otherwise entitled entitled, may be exercised, concurrently concurrer7aly or independently, from time to time and land as often as may be deemed expedient by the Trustee or BeneficiaryMORTGAGEE and, and either of them MORTGAGEE may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.OR145627;1

Remedies Not Exclusive. Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce payment of the Indebtedness and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust or under any Project Document of the other Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness Indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guarantydeed of trust, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Beneficiary's or Trustee’s or Beneficiary’s 's right to realize upon or enforce any other security now or hereafter held by Trustee Beneficiary or BeneficiaryTrustee, it being agreed that Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they Beneficiary may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now 31 30 or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Beneficiary or Trustee or Beneficiary or to which either of them may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Beneficiary or Trustee, as the Trustee case may be. In no event shall Beneficiary or BeneficiaryTrustee, and either in the exercise of them may pursue inconsistent remedies. Trustor may be joined the remedies provided in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of TrustTrust (including, without limitation, in connection with the assignment of Rents, or the appointment of a receiver and the entry of such receiver on to all or any part of the Trust Property), be deemed a "mortgagee in possession," and neither Beneficiary nor Trustee shall in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby and to exercise all rights and powers under this Deed of Trust or under any Project Agency Loan Document or other agreement or any law now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment assignment, or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Agency Loan Documents to the Trustee or Beneficiary or to which either of them may be otherwise entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce payment of the Indebtedness and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust or under any Project Document of the other Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness Indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guarantydeed of trust, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Trustee’s or Beneficiary’s 's right to realize upon or enforce (or to direct Trustee to realize upon or enforce) any other security now or hereafter held by Beneficiary or Trustee (or Beneficiarycause the enforcement of) and Trustee shall be entitled to enforce, it being agreed that Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they Beneficiary may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Beneficiary or Trustee or Beneficiary or to which either of them may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Beneficiary or Trustee, as the Trustee case may be. In no event shall Beneficiary or BeneficiaryTrustee, and either in the exercise of them may pursue inconsistent remedies. Trustor may be joined the remedies provided in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of TrustTrust (including, without limitation, in connection with the assignment of Rents, or the appointment of a receiver and the entry of such receiver on to all or any part of the Trust Property), be deemed a "mortgagee in possession," and neither Beneficiary nor Trustee shall in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby and to exercise all rights and powers under this Deed of Trust or under any Project Document or other agreement or any law now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers No remedy herein contained, shall prejudice or in any manner affect Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they may in their absolute discretion determine. No remedy herein document conferred upon on or reserved to Trustee or Beneficiary Lender is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, or by law provided or permittedremedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary hereunder, under any other agreement, Document or now or hereafter existing at law or in equity equity. Notwithstanding anything herein to the contrary, in any non-judicial, public or by statute. Every power private sale or remedy given by sales under the Uniform Commercial Code or in any judicial foreclosure and sale of the Transaction Documents to Receivables Collateral, the Trustee or Beneficiary or to which either of them Receivables Collateral may be otherwise entitled sold in any commercially reasonable manner whatsoever not prohibit by law. No delay or omission to exercise any right or power shall be construed to be a waiver of any default or acquiescence therein or a waiver of any right or power; and every such right and power may be exercised, concurrently or independently, exercised from time to time and as often as may be deemed expedient expedient. Lender's acceptance of any performance due hereunder which does not comply strictly with the terms hereof shall not be deemed to be a waiver of any right of Lender to strict Performance by Borrower. Acceptance of past due amounts or partial payments shall not constitute a waiver of full and timely payment of the Trustee Obligations. No Event of Default, declaration of the unpaid principal of the Loan to be immediately due and payable or Beneficiaryexercise of any other right or remedy upon default shall stay, and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under waive, or otherwise enforce this Deed affect Lender's right to receive payments on and other proceeds of Trustthe Receivables Collateral.

Remedies Not Exclusive. The Trustee and the Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any Project Document other Loan Instrument or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect the Trustee’s 's or the Beneficiary’s 's right to realize upon or enforce any other security now or hereafter held by the Trustee or the Beneficiary, it being agreed that . The Trustee and the Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by the Beneficiary or the Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to the Trustee or the Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, preclusive of any other remedy herein or by law provided or permitted but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Documents Loan Instruments to the Trustee or the Beneficiary (or to which either of them may be otherwise entitled entitled) may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, the Beneficiary and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust Mortgage or under any Project Document of the other Transaction Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guarantydeed of trust, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust Mortgage nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s or BeneficiaryMortgagee’s right to realize upon or enforce any other security now or hereafter held by Trustee or BeneficiaryMortgagee, it being agreed that Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce this Deed of Trust Mortgage and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee Mortgagee in such order and manner as they Mortgagee may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary Mortgagee is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Documents to the Trustee or Beneficiary Mortgagee or to which either of them may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the Trustee exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, or Beneficiarythe appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a “mortgagee in possession,” and Mortgagee shall not in any way be made liable for any act, either of them may pursue inconsistent commission or omission, in connection with the exercise of such remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce payment of the Obligations and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust or under any Project Document of the other Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guarantydeed of trust, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Beneficiary's or Trustee’s or Beneficiary’s 's right to realize upon or enforce any other security now or hereafter held by Trustee Beneficiary or BeneficiaryTrustee, it being agreed that Beneficiary and Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they Beneficiary may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Beneficiary or Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Beneficiary or Trustee or Beneficiary or to which either of them may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Beneficiary or Trustee, as the Trustee case may be. In no event shall Beneficiary or BeneficiaryTrustee, and either in the exercise of them may pursue inconsistent remedies. Trustor may be joined the remedies provided in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of TrustTrust (including, without limitation, in connection with the assignment of Rents to Beneficiary, or the appointment of a receiver and the entry of such receiver on to all or any part of the Trust Property), be deemed a "mortgagee in possession," and neither Beneficiary nor Trustee shall in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies, except in the event of Beneficiary's gross negligence or willful misconduct.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any Project Loan Document or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Trustee or Beneficiary or to which either of them may be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, Beneficiary and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce payment and performance of any indebtedness or obligation obligations secured hereby and to exercise all rights and powers granted under this Deed of Trust Mortgage or under any Project other Security Document or any other agreement or any law Laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lienLien, assignment or otherwise. Neither the acceptance of this Deed of Trust Mortgage nor its enforcement enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s or Beneficiary’s Mortgagee's right to realize upon or enforce any other security now or hereafter held by Trustee or BeneficiaryMortgagee, it being agreed that Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce this Deed of Trust Mortgage and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee Mortgagee in such order and manner as they it may in their its absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law Law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law Law or in equity or by statute. Every right, power or remedy given by any of the Transaction Security Documents to the Trustee or Beneficiary or to which either of them may be otherwise entitled Mortgagee may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of TrustMortgagee.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, The Agent shall be entitled to enforce payment of the indebtedness and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed of Trust Security Agreement or under any Project Document or of the other agreement Operative Agreements or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, mortgage, security agreement, pledge, lienLien, assignment or otherwise. Neither the acceptance of this Deed of Trust Security Agreement nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect Trustee’s or Beneficiarythe Agent’s right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiarythe Agent as security for the Obligations, it being agreed that Trustee and Beneficiary, and each of them, the Agent shall be entitled to enforce this Deed of Trust Security Agreement and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee the Agent in such order and manner as they the Agent may determine in their its absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statutediscretion. Every power or remedy given by any of the Transaction Documents Operative Agreements to the Trustee or Beneficiary Agent or to which either of them it may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee Agent. In no event shall the Agent, in the exercise of the remedies provided in this Security Agreement (including without limitation in connection with the assignment of Rents to the Agent, or Beneficiarythe appointment of a receiver and the entry of such receiver onto all or any part of the Property), be deemed a “mortgagee in possession” or a “pledgee in possession”, and the Agent shall not in any way be made liable for any act, either of them may pursue inconsistent commission or omission, in connection with the exercise of such remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee The cumulative rights of Beneficiary arising under the clauses and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby and to exercise all rights and powers under covenants contained in this Deed of Trust shall be separate, distinct and cumulative and none of them shall be construed to be exclusive or an election to proceed under any Project Document one provision herein to the exclusion of any other provision, anything herein or otherwise to the contrary notwithstanding. In addition to any remedies provided herein for an Event of Default hereunder, Beneficiary shall have all other agreement or any law now or hereafter in force, notwithstanding some or all remedies allowed under the laws of the said indebtedness State of North Carolina, and obligations the laws of the United States. No failure on the part of Beneficiary to exercise any of its rights hereunder arising upon any Default shall be construed to prejudice its rights in the event of any other or subsequent Default. No delay on the part of Beneficiary in exercising any of such rights shall be construed to preclude it from the exercise thereof at any time during the continuance of such Default. Beneficiary may enforce any one or more remedies or rights hereunder in such order and manner as it may determine, successively or concurrently at its option. By accepting payment or partial payment of any sums secured hereby may now after its due date, Beneficiary shall not make an accommodation or hereafter be otherwise securedthereby waive the agreement herein contained that time is of the essence, whether by guaranty, mortgage, deed nor shall Beneficiary waive either any of trust, pledge, lien, assignment its remedies or otherwiseoptions or its right to require prompt payment when due of all Secured Obligations or to consider failure so to pay a Default hereunder. Neither the acceptance of this Deed of Trust nor its enforcement enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s or Beneficiary’s 's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Documents to the Trustee or Beneficiary or to which either of them may be otherwise entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby the Obligations and to exercise all rights and powers under this Deed Mortgage or Table of Trust or Contents under any Project Document of the other Loan Documents or other agreement or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guarantydeed of trust, mortgage, deed of trustsecurity agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust Mortgage nor its enforcement whether by court action or pursuant to the power of sale or other powers herein containedenforcement, shall prejudice or in any manner affect TrusteeMortgagee’s or Beneficiary’s right rights to realize upon or enforce any other security now or hereafter held by Trustee or BeneficiaryMortgagee, it being agreed that Trustee and Beneficiary, and each of them, Mortgagee shall be entitled to enforce this Deed of Trust Mortgage and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee Mortgagee in such order and manner as they Mortgagee may determine in their its absolute discretion determinediscretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary Mortgagee is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Loan Documents to the Trustee or Beneficiary Mortgagee or to which either of them may otherwise be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee, as the Trustee case may be. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, or Beneficiarythe appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a “mortgagee in possession,” and Mortgagee shall not in any way be made liable for any act, either of them may pursue inconsistent commission or omission, in connection with the exercise of such remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any Project Document of the Transaction Agreements or other agreement agreements or any law laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee’s 's or Beneficiary’s 's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, or affect in any manner Beneficiary's rights under the Transaction Agreements, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Transaction Documents Agreements to the Trustee or Beneficiary or to which either of them may be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or Beneficiary, Beneficiary and either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby and all of the Obligations and to exercise all rights and powers under this Deed of Trust or the Financing Documents and under any Project Document or other agreement or any applicable law now or hereafter in forceeffect, notwithstanding some or all of the said indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment secured or otherwiseguaranteed. Neither the acceptance of this Deed of Trust nor its enforcement enforcement, whether by court action or pursuant to the power of sale or other powers rights herein contained, shall prejudice or in any manner affect Trustee’s or Beneficiary’s right to realize upon or enforce any other security or guaranty now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, them shall be entitled to enforce this Deed of Trust and any other security for the obligations hereby secured or any guaranty now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein, or granted to Beneficiary under any other agreement, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statuteunder applicable law. Every power or remedy given by any of the Transaction Financing Documents or by law to the Trustee or Beneficiary or to which either of them may be otherwise entitled entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Trustee or BeneficiaryBeneficiary and, and to the extent permitted by law, either of them may pursue inconsistent remedies. Trustor may be joined in any action brought by Beneficiary to foreclose under or otherwise enforce this Deed of Trust.