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'' � 20120487'7 <br />� � � ' `` ' `'� ` � DEED OF TRUST <br />Loan No: 101253832 (Continued) Page 6 <br />Documents, and (2) the liens end security interests created by this Deed of Trust as first end prior liens on the <br />Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the <br />contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the <br />matters referred to in this paregraph. <br />Attorney-in-Fact. If Trustor fails to do eny of the things referred to in the preceding paragraph, Lender may do ao <br />for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints <br />Lender as Trustor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all <br />other things es mey be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in <br />the preceding paragraph. <br />FULL PERFORMANCE. If Trustor pays all the Indebtedness, including without limitation all future advances, when due, <br />and otherwise performs ell the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute end <br />deliver to Trustee a request for full reconveyance and shell execute and deliver to Trustor suitable stetementa of <br />termination of any financing stetement on file evidencing Lender's security interest in the Rents and the Personal <br />Properry. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable lew. <br />EVENTS OF DEFAULT. Eech of the following, et Lender's option, shall constitute en Event of Default under this Deed <br />of Trust: <br />Payment Defauk. Trustor fails to make any payment when due under the Indebtedness. <br />Other Defeults. Trustor fails to comply with or to perform eny other term, obligation, covenant or condition <br />contained in this Deed of Trust or in eny of the Releted Documents or to comply with or to perform any term, <br />obligation, covenent or condition conteined in any other egreement between Lender and Trustor. <br />Compliance Defeult. Failure to comply with any other term, obligation, covenant or condition conteined in thia <br />Deed of Trust, the Note or in any of the Related Documents. <br />Defauk on Other Peyments. Failure of Trustor within the time required by this Deed of Trust to make any payment <br />for texes or insurence, or any other payment necessery to prevent tiling of or to effect discharge of eny lien. <br />Felse Statements. 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 Related Documents is felae or misleading in eny materiel respect, <br />either now or at the time made or furnished or becomea false or misleading et any time thereafter. <br />Defective Collateralizetion. This Deed of Trust or any of the Related Documents ceases to be in full force and <br />effect (including teilure of any colleteral document to create a valid end perfected security interest or lien) et eny <br />time and for any reason. <br />Insolvency. The dissolution or termination of Truator's existence as a going business, the insolvency of Trustor, <br />the appointment of a receiver for eny pert of Trustor's property, eny essignment for the benefit of creditors, eny <br />type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or <br />against Trustor. <br />Credkor or Forfehure Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial <br />proceeding, self-help, repossession or any other method, by eny creditor of Trustor or by any governmental egency <br />against eny property securing the Indebtedness. This includes e garnishment of any of Trustor's accounts, <br />including deposit eccounts, with Lender. However, this Event of Defeult shell not apply if there is a good faith <br />dlspute by Truator as to the validity or reasonablenesa of the cleim which is the basis of the creditor or forfeiture <br />proceeding and if Trustor gives Lender written notice of the creditor or forfeiture proceeding end deposits with <br />Lender monies or e surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its <br />sole discretion, es 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 end <br />Lender thet is not remedied within any grece period provided therein, including without limitation any agreement <br />concerning any indebtedness or other obligation of Trustor to Lender, whether existing now or leter. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarentor, endorser, surety, <br />or accommodation perty of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party <br />dies or becomes incompetent, or revokes or disputes the validlty of, or liability under, any Guaranty of the <br />Indebtedness. <br />Adverse Chenge. A material edverse change occura in Trustor's flnancial condition, or Lender believes the <br />prospect of payment or performance of the Indebtedness is impeired. <br />Insecurity. Lender in good feith believes itself insecure. <br />Existing Indebtedness. The payment of eny installment of principal or eny interest on the Existing Indebtednesa is <br />not made within the time requfred by the promissory note evidencing such indebtedness, or e defeult occurs under <br />the instrument securing such indebtedness end is not cured during any appiicable grace period in such Instrument, <br />or eny suit or other action is commenced to foreclose any existing lien on the Property. <br />Right to Cure. It any default, other than a default in payment is curable and if Trustor has not been given a notice <br />of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if <br />