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Loan No: 101309869 <br />�K��p�����K� <br />w,��w�m�mm� <br />DEED OF TRUST <br />statements, (Continued) Page 6 <br />agreements, financing continuation statements, instruments of further ura certificates, and <br />other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, <br />perfect, continue, or preserve (1) Truster's obligations under the Note, this Deed of Trust, and the Related <br />Documents, and (2) the lions and security interests created by this Deed of Trust as first and prior liens on the <br />Property, whether now owned or hereafter acquired by Truster. Unless prohibited by 18W or Lender agrees to the <br />contrary in vvritIng, Truster shall reimburse Lender for all costs and expenses incurred in connection with the <br />matters referred to in this paragraph. <br />Attorney-In-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so <br />for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints <br />Lender as Trustor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all <br />other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in <br />the preceding paragraph. <br />FULL psnponM»mCE. VT,00m, pays all the Indebtedness, including without limitation all future advancos when duw, <br />and otherwise performs all the obligations imposed upon Trustor under this Deed of T,vmt, Lender shall execute and <br />deliver to Trustee a request for full ,onnn"ovnnoo and shall execute and deliver to Truster suitable statements el <br />termination of any financing statement on me evidencing Lender's security interest in the Rents and the Personal <br />Property. Any reconveyance fee required by law shall be paid by Truster, if permitted by applicable law. <br />EVENTS OF DEFAULT Each of the foliowing at Lender s optiOn shall constltute an Evont of Default undsr this Deod <br />of Trust: <br />Payment Default. T,msm,+wi|s to make any payment when due under the 1ndebtedness <br />Other Defaults. Truster fails plv with or n*n or condition <br />contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, <br />obligation, covenant or condition contained in any other agreement between Lender and Truster. <br />Compliance Default. Failure to comply with any other m,m, obIigation covenant or condition contained /nthis <br />Oeed of Trust, the Note or in any af the Related Docunients <br />Default oo Other Paywoenm' Failure v/ Truster within the time i duv,moomed of Trust m 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 w^ramv, representation or statement made or furnished to Lender by Truster or on <br />Trustor s behalf under this Deed ot Trust or the Retated Documents is faise or m,sloading in any material respect <br />either now ov at the time made or furnished or becomes faise or m,seading at any lime thereafter. <br />o^feumacwmatw*uzmuun. This Deed of Trust or any of the Related Documents ceoses to be in full torce 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 />continue Death or Insolvency. The dissolution of Trustor's (regardless of whether election to is odv <br />member withdraws from the limited liability company, or any other termination of Trustor's existence as a going <br />business or the death of any member, the insolvency of Truster, the appointment of a receiver for any part of <br />Truster'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 try or against Truster. <br />judicial <br />proceeding, self-help, repossession or any other method, by any creditor of Truster or by any governmental agency <br />against any property securing the Indebtedness. This includes a garnishment of any of Trustor's accounts, <br />including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith <br />dispute by Truster as to the validity or reasonableness of the clairn which is the basis of the creditor or forfeiture <br />proceeding and if Truster gives Lender written notice of the creditor or forfeiture proceeding and deposits with <br />Lender monies or a surety bond for the creditor or forfeiture proceeding, M an amount determined by Lender, in its <br />sole discretion, as being an adequate reserve or bond for the dispute. <br />Breach of Other Agreement. Any breach by Truster under the terms of any other agreement between Truster <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 Truster to Lender, whether existing now or later. <br />Events Affecting Guarantor. Any / the preceding events occurs with respect to any guarantor, anuqrser, <br />or accommodation party of any of the Indebtedness or any guarantor, *ndo,ser, surew, 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 />Adverse Change, A material adverse change occurs in T,ustv,'o financial condition, or Lender believes the <br />prospect of payment or performance of the Indebtedness is impaired. <br />Insecurity. Lender in good faith bekeves itself insecuro. <br />Right to Cure. If any default, other than a default in payment, is curable and if Truster has not been given a notice <br />of a breach of the same provision of this Deed of Trust within the preceding twetve (12) months, it may be cured if <br />Truster, after Lender sends written notice to Truster demanding cure of such default: (1) cures the default within <br />