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20150179 • <br /> DEED OF TRUST <br /> Loan No: 101281924 (Continued) Page 6 <br /> strictly in the manner provided in this Deed of Trust or in any agreement related to this Deed of Trust. <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 Documents. <br /> Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment <br /> for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. <br /> False Statements. Any representation or statement made or furnished to Lender by Trustor or on Trustor's behalf <br /> under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at <br /> the time made or furnished. <br /> Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and <br /> effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any <br /> time and for any reason. <br /> Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of <br /> Trustor's property, any assignment for the benefit of creditors, any type of creditor workout, or the <br /> commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor. <br /> Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of <br /> Trustor's property in which Lender has a lien. This includes taking of, garnishing of or levying on Trustor's <br /> accounts with Lender. However, if Trustor disputes in good faith whether the claim on which the taking of the <br /> Property is based is valid or reasonable, and if Trustor gives Lender written notice of the claim and furnishes <br /> Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not <br /> apply. <br /> Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and <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 guarantor, endorser, surety, <br /> or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party <br /> dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the <br /> Indebtedness. <br /> Insecurity. Lender in good faith believes itself insecure. <br /> Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is <br /> not made within the time required by the promissory note evidencing such indebtedness, or a default occurs under <br /> the instrument securing such indebtedness and is not cured during any applicable grace period 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 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 Trustor demanding cure of such default: (1) cures the default within <br /> ten (10) days; or (2) if the cure requires more than ten (10) days, immediately initiates steps which Lender deems <br /> in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable <br /> and necessary steps sufficient to produce compliance as soon as reasonably practical. <br /> RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, <br /> Trustee or Lender may exercise any one or more of the following rights and remedies: <br /> Acceleration Upon Default;Additional Remedies. If any Event of Default occurs as per the terms of the Note <br /> secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and <br /> the same shall thereupon become due and payable without any presentment, demand, protest or notice of any <br /> kind. Thereafter, Lender may: <br /> (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver <br /> appointed by a court and without regard to the adequacy of its security, enter upon and take possession <br /> of the Property, or any part thereof, in its own name or in the name of Trustee, and do any acts which it <br /> deems necessary or desirable to preserve the value, marketability or rentability of the Property, or part of <br /> the Property or interest in the Property; increase the income from the Property or protect the security of <br /> the Property; and, with or without taking possession of the Property, sue for or otherwise collect the <br /> rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less <br /> costs and expenses of operation and collection attorneys' fees,to any indebtedness secured by this Deed <br /> of Trust, all in such order as Lender may determine. The entering upon and taking possession of the <br /> Property, the collection of such rents, issues and profits, and the application thereof shall not cure or <br /> waive any default or notice of default under this Deed of Trust or invalidate any act done in response to <br /> such default or pursuant to such notice of default; and, notwithstanding the continuance in possession of <br /> the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall <br /> be entitled to exercise every right provided for in the Note or the Related Documents or by law upon the <br /> occurrence of any event of default, including the right to exercise the power of sale; <br /> • <br />