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, DEED OF TRUST �� _����'� �� <br />Loan No: 101255392 (Continued) Page 6 <br />Documents, and (2) the Uens and security interests created by this Deed of Trust es first and prior liens on the <br />Propeny, whether now owned or hereafter acquired by Trustor. Unless prohibited by lew 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 paragraph. <br />Attorney-in-Fact. If Trustorfails to do eny of the things referred to in the preceding paragraph, Lender may do so <br />for and in the neme of Trustor end at Trustor's expense. For such purposes, Trustor hereby irrevocably eppoints <br />Lender as Trustor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing ell <br />other things es may 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 Indebtednesa, including without limitation ell future edvances, when due, <br />and otherwise performs all the obligetions imposed upon Trustor under this Deed of Trust, Lender shall execute and <br />deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable atatements of <br />termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personel <br />Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law. <br />EVENTS OF DEFAULT. Each of the follow(ng, at Lender's option, shall constitute an Event of Default under this Deed <br />of Trust: <br />Payment Default. Trustor fails to make any payment when due under the Indebtedness. <br />Other Defaults. Trustor fails to comply with or to perform any other term, obligetion, 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 between Lender and Trustor. <br />Compliance Default. Failure to comply with any other term, obligetion, covenant or condition contained in this <br />Deed of Trust, the Note or in any of the Releted Documents. <br />Defauk 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 necessary to prevent filing of or to effect discharge of any Iien. <br />False Statements. Any werranty, representation or statement made or furnished 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 furnished or becomes false or misleading at any time thereafter. <br />Defective Colleteralization. This Deed of Trust or eny of the Related Documents ceases to be in full force and <br />effect (including failure of eny collateral document to create a valid and perfected security interest or lien) et eny <br />time and for any reason. <br />Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appo(ntment of a receiver for any pert of <br />Trustor's property, any assignment for the benefit of creditors, eny type of creditor workout, or the <br />commencement of any proceeding under eny bankruptcy or insolvency laws by or against Trustor. <br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or torfeiture proceedings, whether by judicial <br />proceeding, self-help, repossession or any other method, by eny creditor of Trustor or by any governmental agency <br />against any property securing the Indebtedness. This includes e garnishment of any of Trustor's accounts, <br />including deposit eccounts, with Lender. However, this Event of Default shall not apply 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 forfeiture <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 forfeiture proceeding, in an amount determiried 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 end <br />Lender that is not remedied within any grace period provided therein, including without limitation any agreement <br />concerning any indebtedness or other obligation of Trustor to Lender, 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 eny guarantor, endorser, surety, or accommodation party <br />dies or becomes incompetent, or revokes or disputes the validity of, or IiabiOty 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 performence of the Indebtedness is impaired. <br />Insecurity. Lender in good feith believes itself insecure. <br />Existtng Indebtedness. The peyment of any installment of principal or eny interest on the Existing Indebtednesa is <br />not made within the time required by the promissory note evidencing such indebtedness, or a defeult occurs under <br />the instrument securing such indebtedness and is not cured during any applicable grace pariod in such instrument, <br />or any suit or other action is commenced to foreclose any existing lien on the Property. <br />Right to Cure. If any default, other than a default in payment is curable end if Trustor has not been given e notice <br />of a breach of the same prov(sion of this Deed of Trust within the preceding twelve (12) months, it may be cured if <br />Trustor, efter Lender sends written notice to Trustor demanding cure of such defeult: 11) cures the default within <br />