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DEED OF TRUST 2 012 0 2 7'� i
<br />(Continued) Page 6
<br />Other Defaults. Trustor fails to comply with or to perform any other term, obligation, covenant or condition
<br />contained in this Deed of Trust or in any of the Related Documents or to compiy with or to perform any term,
<br />obligation, covenant or condition contained in any other agreement between Lender and Trustor.
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this
<br />Daed of Trust, the Note or in any of the Related Documents.
<br />Default on Other PaymerKs. Failure of Trustor within the time required by this Deed of Trust to make eny peyment
<br />for taxes or insurance, or any other paymeni necessary to prevent flling of or to effect discharge of any lien.
<br />Environmernal Default. Failure of any party to comply with or perform when due any term, obligation, covenant or
<br />condition contained in any environmental egreement executed in connection with the Property.
<br />False Stateme�. Any warranty, representation or statement mede or furnished to Lender by Trustor or on
<br />Trustor's behalf under this Deed of Trust or the Retated Documents is false or misleading in any material respect,
<br />either now or at the time made or furnished or becomes false or misleading et any time thereafter.
<br />Defective Collaterelization. This Deed of Trust or any of the Related Documents ceases to be in full force end
<br />effect iincluding failure of any collateral document to create a valid and perfected security interest or lien) at any
<br />time end for any reason.
<br />De�th or Ir�olvency. The dissolution of Trustor� (regardless of whether election to continue is mede), any
<br />member withdrews from the Ifmited liability company, or any other termination of Trustor's existence as e going
<br />business or the death of any member, the insolvency of Trustor, the appofntment of a receiver for any patt 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 />Credftor or Forfeiture 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 govemmentel agency
<br />against any property securing the Indebtedness. This includes e gernishment of eny of Trustor's accounts,
<br />including deposit accounts, with Lender. However, this Event of Default ahall not epply if there is a good faith
<br />dispute by Trustor as to the validity or reasonableness of the claim which is the basis of the creditor or fo�fefture
<br />proceeding and if Trustor gives Lender written notice of the creditor or forfeiture proceeding and deposits with
<br />Lender monies or a surety bond for the creditor or forfaiture proceeding, in an amount determined by Lender, in its
<br />sole discretion, as being an adequate reserve or bond for the dispute.
<br />Breach of Other Agreemerrt. 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 />Everrts Affecting Guararrtor. Any of the preceding events occurs with respect to any Guarantor of any of the
<br />Indebtedness or any Guarantor dies or becomea incompetent, or revokes or disputes the velidity of, or liebility
<br />under, any Guaranty of the Indebtedness.
<br />Adverse Change. A material adverse change occurs in Trustor's financiel condition, or Lender believes the
<br />prospect of peyment or performance of the indebtedness is impaired.
<br />I�ecurity. Lender in good faith believes itself insecure.
<br />Existing indebtedneas. The payment of any instaliment of principal or any i�terest on the Exlsting Indebtedness is
<br />not made within the time required by the promissory note evidencing such indebtedness, or a default occurs under
<br />the instrument securing such. indebtedness and is not cured during any applicable grace period in such instrument,
<br />or any suit or other action is commenced to foreclose any existing tien on the Property.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter,
<br />Trustee or Lender may exercise any one or more of the following rights and remedies:
<br />Acceleratfon Upon Defauk; Addltional Remedfes. 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 payeble and
<br />the same shell thereupon become due and peyable 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 vuhich it
<br />deems necessary or desirable to preserve the value, marketability or rentability of the Property, or pert of
<br />the Property or interest in the Property; increase the income from the Proparty or protect the security of
<br />the Property; and, with or without taking possession of the Property, sue for or otherwise collect the
<br />rents, lssues and profits of the Propert}r, including those past due and unpaid, and apply the same, less
<br />costs and expanses of operation and coilection attorneys' fees, to any indebtedness secured by this Deed
<br />of Trust, all in such order as Lender may determine. The entering upon end 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 invalidate any act done in response to
<br />such defeult or pursuant to such notice of default; and, notwithstanding the continuance in possession of
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