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continue as such and exercise all such pourers until the date of confirmation of sale of the Property, unless such receivership is sooner t nninate d. Section 4. 6 Remed ie s Cumulative. No right, power or remedy conferred upon or reserved to the Beneficiary by this Deed of Trust is intended to be exclusive of any other right, power or remedy} but each and every such right, poorer and remedy shall be cumulative and concurrent and shall be in addition to any other right, power and remedy given hereunder o r now or hereafter existing at law or in equity. Section 4. 7 No waiver, (a) No delay or omission of the Beneficiary to exercise any right, power or remedy accruing upon any Default shall exhaust or imp air any such right, power or remedy, or shall be construed to be a waiver of any such Default or acquiescence therein; and every right, power and remedy given by this Deed of Trust t to the Beneficiary may be exercised from time to time and as often as may be deemed expeditious by the Beneficiary. No consent or waiver, expressed or implied, by the Beneficiary to or of any breach by the Trustor in the performance of the obligations hereunder hall be deemed or construed to be a consent to or waiver of obligations of the Trustor hereunder. Failure on the part of the ene f i ci ar to complain of any act or failure to act or to declare an Event of Default} irrespective of how long such failure continues, shall not constitute a waiver by the Beneficiary of its right hereunder or impair any rights, pourers or remedies consequent on any breach or Default by the Trustor. (b) If the Beneficiary i grants forbearance or an extension of time for the payment of any sums secured hereby, n takes other or additional security r the payment of any sums secured hereh fir, (iii) waives or does not exercise any right granted herein, or in the Agreement, (iv) releases any part of the Security from the lien of this Deed of Trust, or otherwise changes any of the terms, covenants, c ors d i t ion or agreements of this Deed of Trust or the Agreement, (v) consents to the filing of any map, plat or repl at affecting the Security, i ) consents to the granting of any easement or other right affecting the Security, or (vii) makes or consents to an agreement subordinating the lien hereof* any such act or omission shall not release, discharge, modify, change or affect the original liability under this Deed of Trust} or any other obligation of the Trustor or any subsequent purchaser of the Security or any part thereof, or any maker, co- signer, endorser, surety or guarantor unless expressly released); nor shall any such act or omission preclude the Beneficiary from exercising any right, power or privilege herein granted or intended to be granted in the event of any Default then made or of any subsequent Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Beneficiary shall the lien of this Deed of Trust be altered thereby. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Property, the Beneficiary, without notice, is hereby authorized and empowered to deal with any such vendee or transferee with reference to the Security (or a part thereof) or the indebtedness e u red hereby, or with reference to any of the terns, covenants, and i ti on or agreements h r f, as fully and to the same extent as it might deal with the Trustor and without in any war releasing or discharging any liabilities, obligations or undertakings of the Trustor. Section 4. 8 Su i t to Protect the Security. The Beneficiary shall have power (upon ninety 0 days notice to the Trustor) to institute and maintain such suits and proceedings as ATTACHMENT NO. D OC S O 11400673v 141200272 -0001