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DEED OF TRUST , <br />Loan No: 780085 (Continued) 200400307 Page 5 <br />this Deed of Trust. <br />Further Assurances. At any time, and from time to time, upon request of Lender. Truster will make, execute and deliver, or will cause <br />to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, <br />refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all <br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, Instruments of <br />further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to <br />effectuate, complete, perfect, continue, or preserve (1) Borrower's and Trustor 'a obligations under the Note, this Deed of Trust, and <br />the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, <br />whether now owned or hereafter acquired by Truster. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor <br />shall reimburse Lender for all costs and expenses incurred in connection with the 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 for and in the name <br />of Trustor and at Trustor's expense. For such purposes. Trustor hereby Irrevocably appoints Lender as Theater's attorney -in -fact for <br />the purpose of making, executing, delivering, filing, recording, and doing all other things as may he necessary or desirable, in Lender's <br />sole opinion, to accomplish the matters referred to in the preceding paragraph. <br />FULL PERFORMANCE. If Borrower pays all the Indebtedness, including without limitation all future advances. when due, and otherwise <br />performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full <br />conveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing <br />Lender's security interest in the Rents and the Personal Property. Any reconveyened fee required by law shall he paid by Trustor, if <br />permitted by applicable law. <br />EVENTS OF DEFAULT. Each of the following, at Lender's Option, shall constitute an Event of Default under this Deed of Trust: <br />Payment Default. Borrower fails to make any payment when due under the Indebtedness. <br />Other Defaults. Borrower or Toaster fails to comply with or to perform any other term, obligation, covenant or condition contained in <br />this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition <br />contained in any other agreement between Lender and Borrower or Truster. <br />Compliance Default. Failure to comply with any Other term, obligation, covenant or condition contained in this Dead of Trust, the Note <br />or in any Of the Related Documents. If such a failure is curable and if Borrower or Trustor has not been given a notice of a breach Of <br />the same provision of this Deed of Trust within the preceding twelve 112) months, it may be cured land no Event of Default will have <br />occurred) if Borrower or Trustor, after Lender sands written notice demanding cure of such failure: (a) cures the failure within fifteen <br />(15) days; or to) if the cure requires more than fifteen (15) days, immediately initiates steps sufficient to cure the failure and <br />thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably <br />practical. <br />Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or <br />insurance, or any other payment necessary to prevent filing Of or to effect discharge of any lien. <br />False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Trustor or on Borrower or <br />Truster's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the <br />time made or furnished or becomes false or misleading at any time thereafter. <br />Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure <br />of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. <br />Death or Insolvency. The death of Borrower or Trustor, the insolvency Of Borrower or Trustor, the appointment of a receiver for any <br />part of Borrower's or 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 by or against Borrower Or Trustor. <br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self -help, <br />repossession or any other method, by any creditor Of Borrower or Trustor or by any governmental agency against any property <br />securing the Indebtedness. This includes a garnishment of any of Borrower's or Truator's accounts, including deposit accounts, with <br />Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Trustor as to the validity or <br />reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower or Trustor gives Lender written <br />notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture <br />proceeding, in an amount determined by Lender. In Its sole discretion, as being an adequate reserve or bond for the dispute. <br />Breach of Other Agreement. Any breach by Borrower or Trustor under the terms of any other agreement between Borrower or <br />Trustor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement <br />concerning any indebtedness or other obligation of Borrower or Truster to Lender, whether existing now Or later. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation <br />party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or <br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event Of a death. Lender, at its option, <br />may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in <br />a manner satisfactory to Lender, and, in doing so, cure any Event of Default. <br />Adverse Change. A material adverse change occurs In Borrower's or Trustor's financial condition, or Lender believes the prospect of <br />payment or performance of the Indebtedness is Impaired. <br />Insecurity. Lender In good faith believes itself insecure. <br />Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is not made within the <br />time required by the promissory note evidencing such Indebtedness, or a default occurs under the instrument securing such <br />indebtedness and is not cured during any applicable grace period in such Instrument, or any suit or other action is commenced to <br />