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specified in the Credit Agreement, and is subject to a late payment charge in accordance with Section 2.5 of the Credit Agreement. Section 6.01. Events of Default. The occurrence of any one or more of the following events is an "Event of Default" under this Deed of Trust: Document; Agreement; (d) Trustor makes or permits the occurrence of transfer or encumbrance in violation of Section 3.09 hereof; (e) Trustor shall file of record or serve Beneficiary with any notice limiting the maximum amount secured by this Deed of Trust to any amount; (f) Any representation or warranty made or given by Trustor in this Deed of Trust proves to be false or misleading in any material respect; or (g) Trustor fails to perform any obligation, term, or provision arising under this Deed of Trust, other than as provided in clauses (a) through (f) of this Section 6.01, and does not cure that failure within thirty days after written notice from Beneficiary or Trustee, or, if the Default cannot be cured in thirty days, within a reasonable time but not to exceed ninety days after such written notice. Section 6.02. Remedies. Upon the occurrence of an Event of Default, all of the Secured Obligations shall become immediately due and payable at the option of Beneficiary, without further notice or demand. In addition, irrespective of whether Beneficiary exercises said option, it may exercise any and all rights and remedies available to a mortgagee or secured party at law or in equity, including but not limited to the following: (a) Beneficiary may enter upon, take immediate possession of, manage, and operate the Property or any part thereof; make repairs and alterations and do any acts that Beneficiary deems reasonably proper and necessary or advisable to protect the security hereof, including but not limited to those granted Beneficiary pursuant to the other Loan Documents; and either with or without taking possession, in its own name, sue for or otherwise collect and receive Rents, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorneys' fees and Beneficiary's costs, upon the Secured Obligations and in such order as Beneficiary may determine. Upon request of Beneficiary, Trustor shall assemble and make available to Beneficiary at the Land any of the Personalty that has been removed therefrom. The entering upon and taking possession of the Property, the collection of any Rents, and the application thereof as aforesaid shall not cure or waive any default FNBO /Nova -Tech Deed of Trust DOCS/1660316.5 ARTICLE VI EVENTS OF DEFAULT; REMEDIES 11 (a) An Event of Default under the Credit Agreement or any other Loan (b) Any default by Trustor under the Guaranty; 2016053 (c) An "Event of Default" as that term is defined in the Nova Credit