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201906870
<br />in its own name or in the name of the Trustee, and do any acts that Lender deems necessary or
<br />desirable to preserve the value, marketability or rentability of the Property, or any part thereof or
<br />interest therein; increase the income from the Property or protect the security thereof; and, with or
<br />without taking possession of the Property, sue for or otherwise collect the rents, issues, and profits
<br />thereof, including those past due and unpaid, and apply the same, less costs and expenses of
<br />operation and collection, including attorney's fees, upon any indebtedness secured hereby; all in
<br />such order as Lender may determine. The entering upon and taking possession of the Property and
<br />the collection of such rents, issues, and profits, and the application thereof, as aforesaid shall not
<br />cure or waive any default or notice of default hereunder or invalidate any act done in response to
<br />such default or pursuant to such notice of default; and, notwithstanding the continuance in
<br />possession of the Property or the collection, receipt, and application of rents, issues, or profits,
<br />Trustee and Lender shall be entitled to exercise every right provided for herein or by law upon
<br />occurrence of any Event of Default, including without limitation the right to exercise the power of
<br />sale. Further, Lender's rights and remedies under this paragraph shall be cumulative with and in
<br />no way a limitation on Lender's rights and remedies under any assignment of leases and rents
<br />recorded against the Property. Lender, Trustee, and the receiver shall be liable to account only for
<br />those rents actually received.
<br />11. Events of Default. The following shall constitute an Event of Default under this Deed
<br />of Trust:
<br />(a) Failure to pay any installment of principal or interest, or any other sum
<br />secured hereby, when due;
<br />(b) Failure of Trustor, within the time required by this Deed of Trust, to
<br />make any payment for taxes or insurance, or any other payment necessary to
<br />prevent filing of or to effect discharge of any lien;
<br />(c) A breach of or default under any provision contained in the Note, this
<br />Deed of Trust, any of the Loan Instruments, or any other lien or encumbrance upon
<br />the Property;
<br />(d) A writ of execution or attachment, or any similar process entered against
<br />Trustor, that shall become a lien on the Property or any portion thereof or interest
<br />therein;
<br />(e) Any default by Borrower or Trustor under any loan, extension of credit,
<br />security agreement, purchase or sales agreement, or any other agreement, in favor
<br />of any other creditor or person that may materially affect any of Borrower's or
<br />Trustor's property, or Borrower's ability to repay the Note, or Borrower's or
<br />Trustor's ability to perform their respective obligations under this Deed of Trust or
<br />any of the Loan Instruments;
<br />(f) Any warranty, representation, or statement made or furnished to Lender
<br />by Borrower or Trustor, or on Borrower's or Trustor's behalf, under this Deed of
<br />Trust or the Loan Instruments is false or misleading in any material respect, either
<br />now or at the time made or furnished, or becomes false or misleading at any time
<br />thereafter;
<br />(g) This Deed of Trust or any of the Loan Instruments ceases to be in full
<br />force and effect (including failure of any collateral document to create a valid and
<br />perfected security interest or lien) at any time and for any reason;
<br />(h) There shall be filed by or against Trustor or Borrower an action under
<br />any present or future federal, state, or other statute, law, or regulation relating to
<br />bankruptcy, insolvency, or other relief for debtors; or there shall be appointed any
<br />trustee, receiver, or liquidator of Trustor or Borrower of all or any part of the
<br />Property, rents, issues, or profits thereof; or Trustor or Borrower shall make any
<br />general assignment for the benefit of creditors;
<br />(i) The death of Borrower or Trustor;
<br />(j) Any breach by Borrower or Trustor under the terms of any other
<br />agreement between Borrower or Trustor and Lender that is not remedied within any
<br />grace period provided therein, including without limitation any agreement
<br />concerning any indebtedness or other obligation of Borrower or Trustor to Lender,
<br />whether existing now or later;
<br />(k) Any of the preceding events occurs with respect to any guarantor,
<br />endorser, surety, or accommodation party of any of the Loan Instruments; or any
<br />guarantor, endorser, surety, or accommodation party dies or becomes incompetent,
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