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44 <br /> apply the net rents and profits to the payment of necessary maintenance and insurance <br /> costs, and then apply all remaining amounts to the County's account and in reduction of <br /> the Obligations. The Lender will be liable to account only for rents and profits it actually <br /> receives. <br /> 4-4 Due on Sale Provision; Acceleration. The Lender may, at its option, require <br /> the immediate payment in full of the Installment Payments and all other amounts secured by <br /> this Deed of Trust upon the sale, transfer, conveyance or encumbrance of all or any part of <br /> the Mortgaged Property, or any legal or beneficial interest in the Mortgaged Property, <br /> without the Lender's prior written consent. This option applies whether the sale, transfer, <br /> conveyance or encumbrance is voluntary, involuntary, by operation of law or otherwise, and <br /> includes any lien or encumbrance that is not a Permitted Encumbrance. <br /> 4-5 No Remedy Exclusive; Delay not Waiver. All remedies under this Deed of <br /> Trust are cumulative and may be exercised concurrently or separately. The exercise of any <br /> one remedy is not an election of that remedy as an exclusive remedy, nor does the exercise <br /> of one remedy preclude the exercise of any other remedy. If any Event of Default occurs <br /> and is later waived by the other party or parties, that waiver is limited to the particular <br /> default waived and does not constitute a waiver of any other default. Every power or <br /> remedy given by this Deed of Trust to the Deed of Trust Trustee or the Lender may be <br /> exercised from time to time as often as may be deemed expedient by the Deed of Trust <br /> Trustee or the Lender. <br /> 5. Miscellaneous <br /> 5-1 Notices. <br /> (a) Any communication provided for in this Deed of Trust must be in writing <br /> (not to include facsimile transmission or electronic mail). <br /> (b) Any communication under this Deed of Trust will be deemed given on the <br /> delivery date shown on a United States Postal Service certified mail receipt, or a delivery <br /> receipt (or similar evidence) from a national commercial package delivery service, if <br /> addressed as follows: <br /> (i) if to the County, to County Manager, Orange County, Attention: Notice <br /> under 2016 Financing Deed of Trust, Post Office Box 8181, Hillsborough, NC 27278 <br /> (ii) if to the Deed of Trust Trustee, to <br /> (iii) if to the Lender, to First Bank, Attention: Notice related to financing <br /> for Orange County, 1333 Plaza Blvd., Sanford, NC 27330 <br /> 9 <br />