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47 <br />4. The Deed of Trust Trustee <br />4-1 Deed of Trust Trustee's Liability. The Deed of Trust Trustee will <br />suffer no liability by virtue of acceptance of this trust except such as may be <br />incurred as a result of the Deed of Trust Trustee's failure to account for the <br />proceeds of any sale under this Deed of Trust. <br />4-2 Substitute Trustees. If the Deed of Trust Trustee dies, becomes <br />incapable of acting or renounces trust, or if for any reason SunTrust desires <br />to replace the Deed of Trust Trustee, then SunTrust has the unqualified right to <br />appoint one or more substitute or successor Deed of Trust Trustees by instruments <br />filed for registration in the office of the Register of Deeds where this Deed of Trust <br />is recorded. Any such removal or appointment may be made at any time without <br />notice, without specifying any reason therefor and without any court approval. Any <br />such appointee becomes vested with title to the Mortgaged Property and with all <br />rights, powers and duties conferred upon the Deed of Trust Trustee by this Deed of <br />Trust in the same manner and to the same effect as though such. Deed of Trust <br />Trustee were named as the original Deed of Trust Trustee. <br />5. Defaults and Remedies: Foreclosure <br />5-1 Defaults and Remedies. Upon the occurrence and continuation <br />of an Event of Default, SunTrust may pursue its rights and remedies as provided <br />under the Financing Contract and this Deed of Trust. <br />5-2 Foreclosure; Sale under Power of Sale. <br />(a) Right to foreclosure or sale. Upon the continuation of an Event of <br />Default, at SunTrust's request, the Deed of Trust Trustee must foreclose this Deed <br />of Trust by judicial proceedings or, at SunTrust's option, the Deed of Trust Trustee <br />must sell (and is empowered to sell) all or any part of the Mortgaged Property (and <br />if in part, any such sale in no way adversely affects the lien created by this Deed of <br />Trust against the remainder) at public sale to the last and highest bidder for cash <br />(free of any equity of redemption, homestead, dower, curtesy or other exemption, <br />all of which the County expressly waives to the extent permitted by law) after <br />compliance with applicable State laws relating to foreclosure sales under power of <br />sale. The Deed of Trust Trustee will execute and deliver a proper deed or deeds to <br />the successful purchaser at such sale. <br />97561v1 47 <br />