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200011180
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Last modified
10/13/2011 11:01:45 PM
Creation date
10/20/2005 10:48:30 PM
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DEEDS
Inst Number
200011180
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200011.80 <br />change all additional Financing Statements that American Family may require to establish and <br />perfect the priority of American Family's security interest. <br />SECTION 5.4 MAINTENANCE OF PROPERTY. Subject to the <br />provisions of this Section 5.4, in any instance where Borrower in its reasonable business <br />judgment determines that any item subject to a security interest under this Trust Deed has become <br />inadequate, obsolete, worn out, unsuitable, undesirable or unnecessary for operation of the <br />Premises, Borrower may, at its expense, remove and dispose of such item and substitute and <br />install other items not necessarily having the same function, provided that such removal and <br />substitution shall not impair the operating utility and unity of the Premises. All substituted items <br />shall become a part of the Premises and subject to the Lien of this Trust Deed. Any amounts <br />received by or allowed to Borrower upon the sale or other disposition of the removed items of <br />property shall be applied first against the cost of acquisition and installation of the substituted <br />items. Any residual proceeds remaining after acquisition and installation shall be applied to the <br />Indebtedness. Nothing herein contained shall be construed to prevent any Tenant from removing <br />from the Premises trade fixtures, furniture and equipment installed by the Tenant and removable <br />by the Tenant under the terms of its Lease, on the condition, however, that all damages to the <br />Premises resulting from or caused by the removal thereof be repaired at the sole cost of Borrower <br />if such Tenant shall fail to so repair. <br />ARTICLE 6 <br />EVENTS OF DEFAULT AND REMEDIES <br />SECTION 6.1 EVENTS OF DEFAULT. The occurrence of any of the <br />following shall be deemed an Event of Default under this Trust Deed: <br />(a) Borrower or any co- maker, Guarantor or surety shall fail to pay <br />any principal or interest on the Note when and as the same becomes due (whether at the stated <br />maturity or at a date fixed for any installment payment or any accelerated payment or otherwise), <br />and such failure shall continue for ten (10) days following the date of mailing to Borrower of <br />written notice specifying such failure; or, <br />(b) Borrower or Guarantor shall fail to timely make any escrow <br />deposits required under the Loan Documents or other required deposits with American Family <br />or to pay when due any other Indebtedness, and such failure shall continue for ten (10) days <br />following the date of mailing to Borrower of written notice specifying such failure; or, <br />(c) Borrower or any co- maker, Guarantor or surety of the <br />Indebtedness shall make an assignment for the benefit of its creditors, or shall admit in writing <br />its inability to pay its debts as they become due, or shall file a petition in bankruptcy, or shall be <br />adjudicated a bankrupt or insolvent, or shall file a petition seeking any reorganization, dissolution, <br />liquidation, arrangement, composition, readjustment or similar relief under any present or future <br />35 <br />
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