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200001509- <br />as they become due, or (4) makes a general assignment for the <br />benefit of creditors, or (5) files a petition or answer seeking <br />reorganization or arrangement with creditors, or to take <br />advantage of any insolvency law, or (6) files an answer admitting <br />the material allegations of a petition filed against it in any <br />bankruptcy, reorganization or insolvency proceedings, or (7) <br />fails, for a period of not exceeding forty -five (45) days, to <br />obtain the dismissal of any involuntary case filed against it in <br />any bankruptcy, reorganization or insolvency proceedings, or (8) <br />takes any action for the purpose of effecting any of the <br />foregoing. <br />F. The sale, transfer, the assignment, entering into a <br />contract to sell or a lease option contract, or the conveyance or <br />further encumbrance of all or any part of or any interest in the <br />Property, either voluntary or involuntary, without the express <br />written consent of Lender. <br />G. The sale, transfer, assignment, entering into contract <br />to sell, or a conveyance, or further encumbrance of all or any <br />part of the members interest of Trustor to a third party during <br />the period that the Trust Deed remains a lien on the property <br />without the written consent of Lender. <br />H. The sale, transfer, assignment, or encumbrance of all or <br />any part of the members interest of the limited liability company <br />during the period that the Trust Deed remains a lien on the <br />property without the written consent of Lender. <br />I. Breach of any provision of the Letter of Commitment with <br />Lender dated February 1, 2000, or the Building Loan Agreement of <br />even date herewith. <br />J. Failure of Borrower to furnish under Paragraph 115" of <br />the Letter of Commitment an annual financial statement as well as <br />annual operating statements outlining all income and expenses for <br />the Property, along with a rent roll; and financial statements <br />and tax returns for each Guarantor, as requested by Lender, that <br />are acceptable in form and detail to Lender. Annual self <br />prepared financial statements shall be furnished within 90 days <br />of the close of each fiscal year. Lender's determination as to <br />the acceptability of each statement as to form and detail shall <br />be final. If Lender determines any statement to be non - <br />acceptable, Lender will so advise Borrower in writing, and <br />Borrower will have thirty (30) days thereafter to submit an <br />acceptable statement. Failure to resubmit an acceptable statement <br />shall then be an Event of Default. <br />K. Any mortgage or Trust Deed, even though inferior to <br />Lender's Trust Deed, is placed against the Property without <br />Lender's written consent. <br />L. Abandonment of the Property. <br />M. Borrower commits waste or allows the Property to <br />deteriorate, after written notice to correct the problem has been <br />given to the Borrower and Borrower fails to take steps to correct <br />the same. <br />N. Trustor shall be dissolved or terminated or shall fail <br />to maintain its limited liability company existence. <br />0. Borrower fails to keep the Property insured as required <br />herein. <br />P. Should it be discovered after the execution and delivery <br />of this Trust Deed that there is a defect in the title to, or a <br />lien or encumbrance of any nature, on the Real Property or the <br />Personal Property described in the Loan Instruments prior to the <br />lien of the Beneficiary under this Trust Deed or the Loan <br />Instruments, and not disclosed in the policy of title insurance <br />issued to the Beneficiary insuring the priority of the Trust Deed <br />I <br />