CEMEX Materials Pacific LLC 4/5/2017

actions that Beneficiary may in its sole discretion consider necessary or appropriate to protect the security of this Deed of Trust or that are otherwise permitted to be taken or conducted by Beneficiary under the Loan Agreement. If Beneficiary so requests, Grantor shall assemble any Collateral that has been removed from the Project and make all of it available to Beneficiary at the Project site. The entering upon and taking possession of the Project, the collection of the Rents, Issues and Profits and the application thereof as aforesaid, or any of such acts, shall not cure or waive any default or notice of default hereunder or invalidate any other right or remedy that Beneficiary may have in response to such default or pursuant to such notice and, notwithstanding the continued possession of the Project or the collection, receipt, and application of the Rents, Issues and Profits by Beneficiary, Trustee, or Beneficiary's receiver or agent, Trustee or Beneficiary shall be entitled to exercise every right provided for in any of Development Agreement or Amendment or by law upon the occurrence of any Event of Default. 7.2.4 Uniform Commercial Code Remedies. With respect to all or any part of the Collateral that constitutes personal property, Beneficiary shall have all of, and may exercise any or all of,the rights and remedies of a secured party under the Uniform Commercial Code in effect in the State. 7.2.5 Judicial Action. Beneficiary may commence and maintain an action or actions, at law or in equity, in any court of competent jurisdiction, to enforce the payment of the Secured Obligation (including,without limitation,to obtain specific enforcement of the covenants of Grantor hereunder, and Grantor agrees that such covenants shall be specifically enforceable by injunction or any other appropriate equitable remedy), to foreclose the liens and security interests of this Deed of Trust as against all or any part of the Collateral,and to have all or any part of the Collateral sold under the judgment or decree of a court of competent jurisdiction. Grantor hereby waives the defense of laches and any applicable statute of limitations. If this Deed of Trust is foreclosed by judicial action, and the Collateral sold at a foreclosure sale, the purchaser may, during any redemption period allowed, make such repairs or alterations on the Land as may be reasonably necessary for the proper operation, care, preservation, protection and insuring thereof. Any sums so paid together with interest thereon from the time of such expenditure at an annual rate of 12% shall be added to and become a part of the amount required to be paid for redemption from such sale. In addition, Beneficiary will be entitled to a judgment providing that, if the foreclosure sale proceeds are insufficient to satisfy the judgment,execution may issue for the deficiency. 7.2.6 Realization on Security. Beneficiary may resort to and realize upon or waive the security hereunder and any other security now or hereafter held by Beneficiary in such order and manner as Trustee and Beneficiary or either of them may, in their sole discretion, determine;which resort to such security may be taken concurrently or successively and in one or several consolidated or independent judicial actions or lawfully taken non-judicial proceedings, or both. 7.2.7 Power of Sale. Beneficiary may execute a written notice of such Event of Default and of its election to invoke this power of sale to cause all or part of the Collateral to be sold to satisfy the Secured Obligation. Under this power of sale, Beneficiary shall have the discretionary right to cause some or all of the Collateral, including any Collateral property that constitutes personal property, to be sold or otherwise disposed of in any combination and in any manner permitted by applicable law. 7.2.7.1 Sales of Personal Property. For purposes of this power of sale, Beneficiary may elect to treat as personal property any Collateral property that is intangible or that can be severed from the Land or Improvements without causing structural damage. If it chooses to do so, Beneficiary may dispose of any personal property separately from the sale of real property, in any manner permitted by the Uniform Commercial Code in effect in the State, including any public or private sale, or in any manner permitted by any other applicable law. Beneficiary shall have no obligation to clean-up or otherwise prepare any such Collateral for sale. Any proceeds of any such disposition shall not cure any Event of Default or reinstate any Secured Obligation. 7.2.7.2 Trustee's Sales of Real Property or Mixed Collateral. Beneficiary may also choose to dispose of some or all of the Collateral that consists solely of real property in any Everett Deed of Trust—Lot 1 Page 13 ND:19652.017 4822-1832-5829v1