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<br />d. Any representation or warranty made by Trustor in this Deed of Trust or
<br />on any certificate, instrument, report or statement contemplated by or made or delivered
<br />pursuant to or in connection with the Credit Agreement, shall prove to have been
<br />incorrect in any material respect;
<br />e. If Trustor shall be adjudicated a bankrupt or insolvent, or admit in writing
<br />of its inability to pay debts as they mature, or make an assignment for the benefit of
<br />creditors or shall apply for or consent to the appointment of any receiver, trustee or
<br />similar officer for all or a substantial part of its property; or such receiver, trustee or
<br />similar officer shall (i) be appointed without the application or consent of the applicable
<br />party and such appointment shall continue undischarged for a period of sixty (60) days
<br />or (ii) institute (by petition, application, answer, consent or otherwise) any bankruptcy,
<br />insolvency, reorganization, arrangement, readjustment of debt, dissolution, liquidation or
<br />similar proceeding under the laws of any jurisdiction or any such proceeding shall be
<br />instituted (by petition, application or otherwise) against it and shall remain undismissed
<br />for a period of sixty (60) days;
<br />f. The rendering against Trustor of a final judgment, decree or order for the
<br />payment of money in excess of $50,000.00 or the granting of an injunction against
<br />Trustor restraining action which is material to the business of Trustor in the opinion of
<br />Beneficiary and the continuance of such judgment, decree or order in effect for any
<br />period of forty -five (45) consecutive days without payment or a stay of execution;
<br />g. If Trustor sells or shall convey the Trust Property, or any part thereof, or
<br />any interest therein, or shall be divested of its title, or any interest therein, in any manner
<br />or way, whether voluntarily or involuntarily, without the written consent of Lender being
<br />first had and obtained; or
<br />h. If Trustor shall commit an Event of Default under the Credit Agreement.
<br />26. Acceleration of Debt; Foreclosure. Upon the occurrence of any Event of
<br />Default, or any time thereafter until such Event of Default is cured to the satisfaction of
<br />Beneficiary, Beneficiary may, at its option, declare all Obligations secured hereby immediately
<br />due and payable and the same shall bear interest at the default rate, if any, set forth in the Term
<br />Note or otherwise at the highest rate permitted by law, and, irrespective of whether Beneficiary
<br />exercises said option, it may, at its option and in its sole discretion, without any further notice or
<br />demand to or upon Trustor, do one or more of the following:
<br />a. Beneficiary may enter upon, take possession of, manage and operate the
<br />Trust Property or any part thereof; make repairs and alterations and do any acts which
<br />Beneficiary deems proper to protect the security thereof, and either with or without taking
<br />possession, in its own name, sue for or otherwise collect and receive rents, issues and
<br />profits, including those past due and unpaid, and apply the same, less costs and
<br />expenses of operation and collection, including reasonable attorneys' fees and
<br />Beneficiary's costs, upon the Obligations secured hereby and in such order as
<br />Beneficiary may determine. Upon request of Beneficiary, Trustor shall assemble and
<br />shall make available to Beneficiary any of the Trust Property which has been removed.
<br />The entering upon and taking possession of the Trust Property, the collection of any
<br />rents, issues and profits, and the application thereof as aforesaid, shall not cure or waive
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