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201200294
<br />DEED OF TRUST
<br />Loan No: 5863616932 (Continued) Page 6
<br />Payment Default Trustor fails to make any payment when due under the Indebtedness.
<br />Oth�r Defaults. Trustor fails to comply with or to pertorm any other term, obligaUon, covenant or conditlon
<br />contained in this De� of Trust or in any of the Related Documents or to comply with or to pertorm any term,
<br />obligatlon, covenant or condition contafned in any other agreement between Lender and Trustor.
<br />Compliance Default Failure to comply with any other term, obligation, covenant or condition contained in th(s
<br />Deed of Trust, the Note or in any of the Related Documents.
<br />Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment
<br />for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any Ifen.
<br />Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement,
<br />purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially
<br />affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's abllity to perform
<br />Grantor's obligatlons under this Deed of Trust or any of the Related Documents.
<br />False Statementa. Any warranty, representaUon or statement made or fumished to Lender by Trustor or on
<br />Trustor's behatf under this Deed of Trust or the Related Documents is false or misteading in any material respect,
<br />either now or at the time made or fumished or becomes false or misleading at any time thereafter.
<br />Defective CollaterelizaUon. This Deed of Trust or any of the Related Documents ceases to be in full force and
<br />effect (including failure of any collateral document to create a valid and pertected security interest or lien) at any
<br />• Ume and for any reason.
<br />Death or Insolvency. The dissolution of Trustor's (regardless of whether election to contlnue is made), any
<br />member withdraws from the limited Uability company, or any other terminatlon of Trustor's existence as a going
<br />business or the death of any member, the insolvency of Trustor, the appointment of a receiver for any part of
<br />Trustor's property, any assignment for the baneflt of creditors, any type of credkor workout, or the
<br />commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor.
<br />Credkor or Forfekure Proceedings. Commencemerrt of foreclosure or forteiture proceedings, whether by judicial
<br />proceeding, self-help, repossession or any other method, by any creditor of Trustor or by any govemmental agency
<br />against any property securing the Indebtedness. This includes a gamishment of any of Trustor's accounts,
<br />including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good feith
<br />dispute by Trustor as to the validity or reasonableness of the clalm which is the basis of the credkor or forteiture
<br />proceeding and ff Trustor gives Lender written notice of the creditor or forteiture proceeding and deposits with
<br />Lender monies or a surety bond for the creditor or forteiture proceeding, in an amount determined by Lender, in its
<br />sole discreUon, as being an adequate reserve or bond for the dispute.
<br />Breach of Other Agreement Any breach by Trustor under the terms of any other agreement between Trustor and
<br />Lender that is not remedied within any grece pe�fod provided therein, including without Iimitation any agreement
<br />conceming any indebtedness or other obligation of Trustor to Lender, whether exfsting now or later.
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the
<br />Indebtedness ar any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability
<br />under, any Guaranty of the Indebtedness.
<br />Adverse Change. A materfal adverse change occurs in Trustor's financial conditlon, or Lender believes the
<br />prospect of payment or performance of the Indebtedness is impaired.
<br />Insecurity. Lender in good faith believes itself insecure.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any Ume thereafter,
<br />Trustee or Lender may exercise any one or more of the following rights and remedies:
<br />AccelereUon Upon Defaul� Additional Remedles. If any Event of Default occurs as per the terms of the Note
<br />secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and
<br />the same shall thereupon become due and payable without any presentment, demand, protest or noUce of any
<br />kind. Thereafter, Lender may:
<br />(a} Either in person or by agent, with or wlthout bringfng any action or proceedfng, or by a receiver
<br />appointed by a court and without regard to the adequacy of its security, enter upon and take possession
<br />of the Property, or any part thereof, in its own name or in the name of Trustee, and do any acts which it
<br />deems necessary or desirable to preserve the value, marketabil(ty or rentabiliiy of the Property, or part of
<br />the Property or interest in the Property; increase the income from the Property or protect the security of
<br />the Property; and, wfth or without taking possession of the Property, sue for or othervvise collect the
<br />rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less
<br />costs and expenses of operatlon and collection attomeys' fees, to any indebtedness secured by this Deed
<br />of Trust, all in such order as Lender may detertnine. The entering upon and taking possession of the
<br />Property, the collectton of such rents, (ssues and profits, and the application thereof shalt not cure or
<br />waive any defeult or notice of default under this Deed of Trust or invalidate any act done in response to
<br />such default or pursuant to such notice of default; and, notwithstanding the continuance in possession of
<br />the Property or the collecUon, receipt and application of rents, issues or profits, Trustee or Lender shell
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