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�,;' <br />Loan No: 101254750 <br />DEED OF TRUST 2 01 � 0 5 5 2'� <br />(Continued) Page 6 <br />with the matters referred to in this paragraph. <br />Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragreph, Lender may do so <br />for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocebly appoints <br />Lender as Trustor's ettorney-in-fact for the purpose of making, executi�g, delivering, filing, recording, end doing ell <br />other things as may be necessary or desirable, in LendePs sole opinidn, to accompl(sh the matters referred to in <br />the preceding peragraph. ' � ' <br />FULL PERFORMANCE. If Borrower and Trustor pay sll the Indebtedness, including without limitation all future <br />advances, when due, and Trustor otherwise performs all the obligationa imposed upon Trustor under this Deed of Trust, <br />Lender shall execute end deliver to Trustee a request for full reconveyance end shall execute and deliver to Trustor <br />suitable stetements of termination of any financing statement on file evidencing Lender's security interest in the Rents <br />and the Personel Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by appliceble <br />law. <br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shell constitute an Event of Default under this Deed <br />of Trust: <br />Payment Default. Borrower fails to make any payment when due unde'r the Indebtedness. <br />Other Defaults. Borrower or Trustor fails to comply with or to p,e,rfqvm any other term, obligation, covenant or <br />condition contained in this Deed of Trust or in a�y of the Releted Documents or to comply with or to perform any <br />term, obligation, covenent or condition conteined in any other agreement between Lender and Borrower or 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 Documenta. <br />Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make eny payment <br />for taxes or insurance, or any other payment necessery to prevent filing of or to effect discherge of any lien. <br />False Statements. Any warranty, representetion or stater'nent mede or furnished to Lender by Borrower or Trustor <br />or on Borrower's or Trustor's behalf under this Deed of Trust or the Related Documents is false or misleading in <br />any material respect, either now or at the time mede or furnished or becomes false or misleading at any time <br />thereafter. <br />Defective Collateralization. This Deed of Trust or any of the Releted Documents ceases to be in full force and <br />effect (including failure of any collateral document to create a velid and perfected security interest or Iien) at any <br />time and for any reason. <br />Death or Insolvency. The dissolution of Trustor's (regardless of .Whether election to continue is made), any <br />member withdraws from the limited liebility company, or any other te�mination of Borrower's or Trustor's existence <br />as a going business or the death of any member, the insolvency. of Borrower or Trustor, the appofntment of a <br />receiver for any part of Borrower's or Trustor's property, any assignment for the benefit of creditors, eny type of <br />creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency lawa by or against <br />Borrower or Trustor. <br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial <br />proceeding, self-help, repossession or eny other method, by any creditor of Borrower or Trustor or by any <br />governmental agency against any property securing the Indebtedness. This includes a garnishment of any of <br />Borrower's or Trustor's accounts, including deposit eccounts, with Lender. However, this Event of Default shall <br />not apply if there is a gobd faith dispute by Borrower or Trustor as to the validity or ressonebleness of the claim <br />which is the basis of the creditor or forfeiture proceeding and if BorrAvVer or Trustor gives Lender written notice of <br />the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture <br />proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the <br />dispute. �' . <br />Breach of Other Agreement. Any breach by Borrower or Trustor under t}1e terms of any other egreement between <br />Borrower or Trustor and Lender that is not remedied within eny grace� period provided there(n, including without <br />limitation any agreement concerning any indebtedneas or other obligation of Borrower or Trustor to Lender, <br />whether existing now or later. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarentor, endorser, surety, <br />or accommodation party of any of the Indebtedness or any guarentor, endorser, surety, or accommodetion party <br />dies or becomes incompetent, or revokes or disputes the velfdity of, or liability under, eny Guaranty of the <br />Indebtedness. <br />Adverse Change. A materiel adverse change occurs in Borrower's or Trustor's financial condition, or Lender <br />believes the prospect of payment or performance of the Indebtedness is impaired. <br />Insecurity. Lender in good faith believes itself insecure. <br />Right to Cure. If any default, other than a default in peyment is cureble 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 />Trustor, after Lender sends written notice to Borrower demanding c�re of such defeult: (1) cures the default <br />within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps whicH <br />�,; : <br />