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<br /> d. Any material statement, representation or warranty made by the Trustor at any time shall prove to
<br /> have been incorrect or misleading in any material respect when made.
<br /> e. The Trustor shall be dissolved or shall make a general assignment for the benefit of creditors or
<br /> shall initiate or have initiated against it any act, process or proceeding under any insolvency,
<br /> bankruptcy or similar law. Notwithstanding, it shall not be an Event of Default if an involuntary
<br /> case is commenced against Borrower by any creditor of Borrower unless the action is not
<br /> dismissed or discharged within sixty(60)days of filing.
<br /> f. The Trustor shall liquidate, merge, consolidate, transfer a substantial part of its property, without
<br /> the prior written consent of the Trustee.
<br /> g. A trustee, receiver or liquidator of the Trustor shall be appointed with the consent or acquiescence
<br /> of the Trustor, or any such appointment, if not so consented to or acquiesced in, shall remain
<br /> unacted or unstayed for an aggregate of sixty(60)days(whether or not consecutive).
<br /> h. Execution shall have been levied against the Trust Property or any lien creditor's suit to enforce a
<br /> judgment against the Trust Property, shall have been brought, and (in either case) shall continue
<br /> unstayed and in effect for a period of more than ten(10)consecutive calendar days.
<br /> i. Any other "Event of Default" shall occur under a Loan Agreement, or any other Financing
<br /> Document.
<br /> 2.2. Remedies. Upon the occurrence and during the continuance of an Event of Default subject to the terms
<br /> of the Loan Agreements, or any other Financing Document,the Beneficiary may, at its option, and without notice to
<br /> the Trustor, unless otherwise provided herein, exercise any or all of the following rights and remedies, and any other
<br /> rights and remedies now or then available to it, either hereunder or at law or in equity, including, without limitation,
<br /> the rights and remedies provided in the assignment of rents contained herein:
<br /> a. The Beneficiary may immediately, and without notice to the Trustor, except as required by
<br /> applicable statutes governing foreclosure of debt secured by real estate, declare the entire unpaid
<br /> principal balance under the Loan Agreements, or any other Financing Document together with all
<br /> accrued interest thereon to be immediately due and payable and thereupon all such and all other
<br /> Secured Indebtedness shall be and become immediately due and payable.
<br /> b. The Beneficiary may enter upon, take immediate possession of, manage, and operate the Trust
<br /> Property or any part thereof; make repairs and alterations and do any acts which the Beneficiary
<br /> deem reasonably proper and necessary or advisable to protect the security hereof, including but not
<br /> limited to those granted the Beneficiary pursuant to the Loan Documents; and either with or without
<br /> taking possession, in its own name, sue for or otherwise collect and receive rents, issues and profits,
<br /> including those past due and unpaid, and apply the same, less costs and expenses of operation and
<br /> collection, including reasonable attorneys' fees and the Beneficiary's costs, upon the Secured
<br /> Indebtedness and in such order as the may determine. Upon request of any of the Beneficiary, the
<br /> Trustor shall assemble and make available to the Beneficiary at the Land any of the Trust Property
<br /> which has been removed therefrom. The entering upon and taking possession of the Trust Property,
<br /> the collection of any rents, issues and profits and the application thereof as aforesaid shall not cure or
<br /> waive any default theretofore or thereafter occurring or affect any notice of default hereunder or
<br /> invalidate any act done pursuant to any such notice. Notwithstanding the Beneficiary's continuance
<br /> in possession or receipt and application of rents, issues or profits,the Beneficiary shall be entitled,as
<br /> a matter of right,to exercise every right provided for in this Deed of Trust or by law upon or after the
<br /> occurrence of a default. Any of the actions referred to in this Section 2.2 may be taken by the
<br /> Beneficiary at such time as the Beneficiary are so entitled pursuant to the terms of the Loan
<br /> Agreements, any other Financing Document, and this Deed of Trust without regard to the adequacy
<br /> of any security for the Secured Indebtedness.
<br /> c. The Beneficiary shall, without regard to the adequacy of any security for the Secured Indebtedness,
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