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constitute a waiver of or prejudice the party's rights otherwise to demand strict compliance with that provision or any other <br /> provision. Election by Beneficiary to pursue any remedy shall not exclude pursuit of any other remedy,and an election to <br /> make expenditures or take action to perform an obligation of Grantor under this Deed of Trust after failure of Grantor to <br /> perform shall not affect Beneficiary's right to declare a default and exercise its remedies under this Deed of Trust. <br /> 21. Attorneys'Fees and Expenses: If Beneficiary institutes any suit or action to enforce any ofthe terms of this Deed <br /> of Trust, or commences a non judicial foreclosure, through the Trustee, the Beneficiary shall be entitled to recover <br /> reasonable as attorneys'fees in the non judicial foreclosure as well as at trial and on any appeal. Whether or not any court <br /> action is involved,all reasonable expenses incurred by Beneficiary that in Beneficiary's opinion are necessary at any time for <br /> the protection of its interest or the enforcement of its rights shall become a part ofthe Indebtedness payable on demand and <br /> shall bear interest from the date of expenditure until repaid at the rate specified in the Promissory Note plus five percent(5%) <br /> per annum. Expenses covered by this paragraph include(without limitation)all attorney fees incurred by Beneficiary <br /> whether or not there is a lawsuit,including fees for any proceeding in any bankruptcy case under Title 11 USC,the cost of <br /> searching records,obtaining title reports(including foreclosure reports),surveyors'reports,appraisal fees,title insurance,and <br /> fees for the Trustee,to the extent permitted by applicable law. <br /> 22. Miscellaneous: <br /> 22.1 Successors and Assigns: Subject to the limitations stated in this Deed of Trust on transfer of Grantor's <br /> interest,and subject to the provisions of applicable law with respect to successor trustees,this Deed of Trust shall be binding <br /> upon and inure to the benefit of the parties,their heirs,devisees,legatees,administrators,executors,successors and assigns. <br /> The term Beneficiary shall mean the holder and owner of the note secured hereby,whether or not named as Beneficiary <br /> herein. <br /> 22.2 Applicable Law: This Deed of Trust has been delivered to Beneficiary in the State of Washington. The <br /> laws of the State of Washington shall be applicable for the purpose of construing and determining the validity and <br /> enforceability of this Deed of Trust. <br /> 22.3 Time of Essence: Time is of the essence of this Deed of Trust and the performance of each covenant and <br /> obligation contained and specified herein. <br /> 22.4 Merger: There shall be no merger of the interest or estate created by this Deed of Trust with any other <br /> interest or estate in the Property at any time held by or for the benefit of Beneficiary in any capacity,without the written <br /> consent of Beneficiary. <br /> 22.5 Waiver of Marshalling: Notwithstanding the existence of any other security interests in the Property <br /> held by Beneficiary or by any other party,Beneficiary shall have the right to determine the order in which any or all of the <br /> Property shall be subjected to the remedies provided in this Deed of Trust,the Note,any other Loan Documents or applicable <br /> law. Beneficiary shall have the right to determine the order in which any or all portions of the Indebtedness are satisfied from <br /> the proceeds realized upon the exercise of such remedies. Grantor and any party who now or in the future acquires a security <br /> interest in the Property,and who has actual or constructive notice of this Deed of Trust waives any and all right to require the <br /> marshalling of assets of the Grantor,including the Property,or to require that any of the Property be sold in the inverse order <br /> of alienation, or that any of the Property be sold in parcels or as entirely in connection with the exercise of any of the <br /> remedies permitted by applicable law of provided in this Deed of Trust. <br /> 22.6 Savings Clause: Notwithstanding anything to the contrary set forth herein,this Deed of Trust shall not <br /> secure the indemnification obligations of Grantor under that certain Agreement of Purchase and Sale made by and between <br /> Grantor and the Beneficiary or the substantial equivalent of these indemnification obligations. All of such obligations,and <br /> the substantial equivalents thereof shall constitute the separate unsecured full recourse obligations of Grantor and shall not be <br /> secured by this Deed of Trust. <br /> This Deed of Trust is executed by the Grantor as of the day of <br /> 2005. <br /> Page 6 <br />