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20120072� <br />DEED OF TRUST <br />Loan No: 0898354492 (Continued) Page 6 <br />Other Defaulfs. Trustor fails to comply with or to pertorm any other term, obligation, covenant or condition <br />contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, <br />obligation, covenant or condition contained in any other agreement beiween Lender and Trustor. <br />Compliance Default Failure to comply with any other term, obligation, covenant or condition contained in this <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 lien. <br />Default ln Favor of Third Partles. 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 ability to pertorm <br />Grantor's obligations under this Deed of Trust or any of the Related Documents. <br />False Statements. Any warranry, representation or statement made or fumished to Lender by Trustor or on <br />Trustor's behalf under this Deed of Trust or the Related Documents is false or misleading 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 Collateralizatlon. This Deed of Trust or any of the Related Documents ceases to be in futl force and <br />effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any <br />time and for any reason. <br />Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of <br />Trustor's property, any assignment for the benefit of creditors, any type of creditor workout, or the <br />commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor. <br />Creditor or Fortefture Proceedings. Commencement of foreclosure or forfeiture 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 faith <br />dispute by Trustor as to the validlty or reasonableness of the claim which is the basis of the creditor or forteiture <br />proceeding and if Trustor gives Lender written noUce of the creditar or forFeiture proceeding and deposfts with <br />Lender monies or a surety bond for the creditor or forfeiture proceeding, in an emount determined by Lender, in its <br />sole discretion, 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 grace period provided therein, including without limitation any agreement <br />conceming any indebtedness or other obligation of Trustor to Lender, whether existing now or later. <br />Events Affecting Guarantor. My of the preceding events occurs with respect to any guarantor, endorser, surety, <br />or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party <br />dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the <br />Indebtedness. <br />Adverse Change. A material adverse change occurs in Trustor's financial condition, or Lender believes the <br />prospect of payment or performance of the Indebtedness is impaired. <br />Insecurity. Lender in good falth believes itself insecure. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under thfs Deed of Trust, at any tlme thereafter, <br />Trustee or Lender may exercise any one or more of the following rights and remedies: <br />Acceleration Upon Default; Additional Remedies. 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 notice of any <br />kind. Thereafter, Lender may: <br />(a) Either in person or by agent, with or without bringing any action or proceeding, 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, marketability or rentability 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, with 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 operation and collection attomeys' fees, to any indebtedness secured by this Deed <br />of Trust, all in such order as Lender may determine. The entering upon and taking possession of the <br />Property, the collection of such rents, issues and profits, and the application thereof shall not cure or <br />waive any default or notice of default under this Deed of Trust or invalldate any act done in response to <br />such default or pursuant to such notice of default; and, notwithstanding the contlnuance in possession of <br />the Property or the collection, receipt and applicatlon of rents, issues or proflts, Trustee or Lender shall <br />be entitled to exercise every right provided for in the Note or the Related Documents or by law upon the <br />occurrence of any event of default, including the right to exercise the power of sale; <br />