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7. No Waiver.
<br />a. No delay or omission of the Beneficiary to exercise any right, power or
<br />remedy accruing upon any Default shall exhaust or impair any such right, power or remedy,
<br />or shall be construed to be a waiver of any such Default or acquiescence therein; and every
<br />right, power and remedy given by this Deed of Trust to the Beneficiary may be exercised
<br />from time to time and as often as may be deemed expeditious by the Beneficiary. No consent
<br />or waiver, expressed or implied, by the Beneficiary to or of any breach by the Trustor in the
<br />performance of the obligations hereunder shall be deemed or construed to be a consent to or
<br />waiver of obligations of the Trustor hereunder. Failure on the part of the Beneficiary to
<br />complain of any act or failure to act or to declare an Event of Default, irrespective of how
<br />long such failure continues, shall not constitute a waiver by the Beneficiary of its right
<br />hereunder or impair any rights, powers or remedies consequent on any breach or Event of
<br />Default by the Trustor.
<br />b. If the Beneficiary (i) grants forbearance or an extension of time for the
<br />payment of any sums secured hereby, (ii) takes other or additional security or the payment of
<br />any sums secured hereby, (iii) waives or does not exercise any right granted herein, or in the
<br />Agreement, (iv) releases any part of the Security from the lien of this Deed of Trust, or
<br />otherwise changes any of the terms, covenants, conditions or agreements of this Deed of Trust
<br />or the Agreement, (v) consents to the filing of any map, plat or replat affecting the Security,
<br />(vi) consents to the granting of any easement or other right affecting the Security, or (vii)
<br />makes or consents to any agreement subordinating the lien hereof, any such act or omission
<br />shall not release, discharge, modify, change or affect the original liability under this Deed of
<br />Trust, or any other obligation of the Trustor or any subsequent purchaser of the Security or
<br />any part thereof, or any maker, co-signer, endorser, surety or guarantor (unless expressly
<br />released); nor shall any such act or omission preclude the Beneficiary from exercising any
<br />right, power, or privilege herein granted or intended to be granted upon the occurrence of the
<br />Event of Default then made or of any subsequent Event of Default, nor, except as otherwise
<br />expressly provided in an instrument or instruments executed by the Beneficiary shall the lien
<br />of this Deed of Trust be altered thereby. In the event of the sale or transfer by operation of law
<br />or otherwise of all or any part of the Property, the Beneficiary, without notice, is hereby
<br />authorized and empowered to deal with any such vendee or transferee with reference to the
<br />Security (or a part thereof) or the indebtedness secured hereby, or with reference to any of the
<br />terms, covenants, conditions or agreements hereof, as fully and to the same extent as it might
<br />deal with the Trustor and without in any way releasing or discharging any liabilities,
<br />obligations or undertakings of the Trustor.
<br />8. Suits to Protect the Security. The Beneficiary shall have power (upon ninety (90) days
<br />notice to the Trustor) to (a) institute and maintain such suits and proceedings as it may deem
<br />expedient to prevent any impairment of the Security (and the rights of the Beneficiary as secured
<br />by this Deed of Trust) by any acts which may be unlawful or any violation of this Deed of Trust,
<br />(b) preserve or protect its interest (as described, in this Deed of Trust) in the Security and in the
<br />rents, issues, profits and revenues arising therefrom, and (c) restrain the enforcement of or
<br />compliance with any legislation or other governmental enactment, rule or order that may be
<br />unconstitutional or otherwise invalid, if the enforcement for compliance with such enactment,
<br />rules or order would impair the security thereunder or be prejudicial to the interests of the
<br />Beneficiary.
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