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DEED OF TRUST c O�,`� O�� J Loan No: 1 01 2459 7 2 (Continued) Page 6 obligation, covenant or condition contained in any other agreement between Lender and Trustor. Compliance Defeuft. Failure to comply with any other term, obligation, covenant or condition conteined In this Deed of Trust, the Note or in any of the Related Documents. Default on Other Payments. Failure of Trustor within the time requlred by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of eny lien. False Statements. Any warranty, representation or statement made or furnished to Lender by Trustor or on Trustor's behalf under this Deed of Trust or the Releted Documents is felse or misleading in any material respect, either now or at the time made or furnfshed or becomes felse or misleading at any time thereafter. Defective Collateralization. This Deed of Trust or eny of the Related Documenta ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of Trustor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor. Creditor or Forfelture Proceedings. Commencement of foreclosure or forfelture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Trustor or by any governmental agency agains4 any property securing the Indeb4edness. This includes a garnishment of any of Trustor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Trustor es to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Trustor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. � Breach of Other Agreement. Any breach by Trustor under the terms of eny other agreement between Trustor and Lender that is not remedied within any grace period provided therein, including wfthout limitation eny agreement concerning eny indebtedness or other obl(getion of Trustor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse chenge occurs in Trustor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default, other than a default in peyment is curable and if Trustor hes not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if Trustor, after Lender sends written notice to Trustor demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately inftiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues end completes all reasonable and necassary steps sufficient to produce compliance as soon as reasonebly practicel. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed ot Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Acceleration Upon Default; Additlonal Remedies. If any Event of Default occurs as per the terms of the Note secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable end the same shall thereupon become due end payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may: (a) Either in person or by egent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its own name or in the neme of Trustee, and do any ects which it deems necessary or desirable to preserve the value, marketebility or rentability of the Property, or part of the Property or interest in the Property; increase the income from the Property or protect the security of the Property; and, with or without taking possession of the Property, sue for or otherwise collect the rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection attorneys' fees, to any indebtedness secured by this Deed of Trust, all in such order as Lender may determine. The entering upon end taking possession of the Property, the collection of such rents, issues and profits, end the application thereof shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the continuance in possession of the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall be entitted to exercise every right provided for in the Note or the Related Documents or by law upon the occurrence of any event of default, including the right to exercise the power of sele;