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4. The Deed of Trust Trustee <br />4-1 Deed of Trust Trustee's Liability. The Deed of Trust Trustee ~~Till <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 failL~re 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 the Company <br />desires to replace the Deed of Tnist Trustee, then the Compan}r has the unqualified <br />right to appoint one or more substitute or successor Deed of Trust Trustees by <br />instruments filed for registration in the office of the Register of Deeds where this <br />Deed of Trust is recorded. Any such removal or appointment may be made at any <br />time ~~jithout notice, ~~jithout specifying any reason therefor and without any court <br />approval. Any such appointee becomes vested with title to the Mortgaged Property <br />and with all rights, powers and duties conferred upon the Deed of Trilst Trustee by <br />this Deed of Trust in the same manner and to the same effect as though such Deed <br />of Trust 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, the Company may pursue its rights and remedies as <br />pro~Tided under the Financing Contract and this Deed of Trust. <br />5-2 Foreclosure; Sale under Po~yer of Sale. <br />{a) ~Zight to foreclosure or sale. Upon the continuation of an Event of <br />Default, at the Company's request, the Deed of Trust Trustee must foreclose this <br />Deed of Trust byT judicial proceedings or, at the Company's option, the Deed of <br />Trust Trustee must sell {and is empo~Tered to sell) all or any part of the Mortgaged <br />Property {and if in part, any such sale in no way adversely affects the lien created <br />by this Deed of Trust against t11e remainder) at public sale to the last and highest <br />bidder for cash {free of any equity of redemption, homestead, dower, curtest' or <br />other exemption, all of wluch the County expressly waives to the extent permitted <br />by law) after compliance with applicable State lauJs relating to foreclosure sales <br />under pou~•er of sale. The Deed of Trust Trustee ~~•ill execute and deliver a proper <br />deed or deeds to the successful purchaser at such sale. <br />J3 860v2 10 <br />