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201201590 <br />place of business or chief executive office if Grantor or Manager has more than one place of <br />business. <br />6. Acceleratin� Transfers, Default and Remedies. <br />6.1 Acceleratin� Transfers. <br />(a) "Accelerating Transfer" means any Transfer not expressly permitted under <br />Article 12 of the Loan Agreement. <br />(b) Grantor acknowledges that Beneficiary is making one or more advances <br />under the Loan Agreement in reliance on the expertise, skill and experience of Grantor; <br />thus, the Secured Obligations include material elements similar in nature to a personal <br />service contract. In consideration of Beneficiary's reliance, Grantor agrees that Grantor <br />shall not make any Accelerating Transfer, unless the transfer is preceded by Beneficiary's <br />express written consent to the particular transaction and transferee. Beneficiary may <br />withhold such consent in its sole discretion. If any Accelerating Transfer occurs, <br />Beneficiary in its sole discretion may declare all of the Secured Obligations to be <br />immediately due and payable, and Beneficiary may invoke any rights and remedies <br />provided by Section 6.3 of this Deed of Trust. <br />6.2 Events of Default. Grantor will be in default under this Deed of Trust upon the <br />occurrence of any one or more of the following events (some or all collectively, "Events of <br />Default;" any one singly, an"Event of Default"). <br />(a) Failure of Grantor (i) (x) to pay any of the principal or interest of the Loan <br />within ten (10) days after the date when due or (y) to observe or perform any of the other <br />covenants or conditions by Grantor to be performed under the terms of this Deed of Trust <br />or any of the other Loan Documents concerning the payment of money for a period of ten <br />(10) days after written notice from Beneficiary that the same is due and payable; or (ii) <br />for a period of thirty (30) days after written notice from Beneficiary, to observe or <br />perform any non-moneta.ry covenant or condition contained in this Deed of Trust or any <br />of the other Loan Documents; provided that if any such failure concerning a non- <br />monetary covenant or condition is susceptible to cure but cannot reasonably be cured <br />withi� said thirty (30) day period, then Grantor shall have an additional sixty (60) day <br />period to cure such failure and no Event of Default shall be deemed to exist hereunder so <br />long as (x) Grantor commences such cure within the initial thirty (30) day period and <br />diligently and in good faith pursues such cure to completion within such resulting ninety <br />(90) da.y period from the date of Beneficiary's notice, and (y) the eaustence of such <br />uncured default will not result in any tenant under a Lease having a right to terminate <br />such Lease due to such uncured default; and provided further that if a different notice or <br />grace period is specified under Article 14 of the Loan Agreement (or elsewhere in this <br />Deed of Trust or the Loan Agreement) in which such particular breach will become an <br />Event of Default, the specific provision shall control; or <br />(b) An "Event of Default" occurs under the Loan Agreement or any other <br />Loan Document. <br />DEED OF TRUST — Page 12 <br />#3982161 <br />