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Loan No: 1823500 <br />202402612 <br />DEED OF TRUST <br />(Continued) Page 5 <br />writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred <br />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 PERFORMANCE. If Borrower and Trustor pay all the Indebtedness, including without limitation all future <br />advances, when due, and Trustor otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, <br />Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor <br />suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents <br />and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable <br />law. <br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed <br />of Trust: <br />Payment Default. Borrower fails to make any payment when due under the Indebtedness. <br />Other Defaults. Borrower or Trustor fails to comply with or to perform any other term, obligation, covenant or <br />condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any <br />term, obligation, covenant or condition contained in any other agreement between Lender and Borrower or Trustor. <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this <br />Deed of Trust, the Note or in any of the Related Documents. <br />Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to 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 />Default in Favor of Third Parties. Should Borrower or any Trustor default under any loan, extension of credit, <br />security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person <br />that may materially affect any of Borrower's or any Trustor's property or Borrower's ability to repay the <br />Indebtedness or Borrower's or Trustor's ability to perform their respective obligations under this Deed of Trust or <br />any of the Related Documents. <br />False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Trustor <br />or on Borrower's or Trustor's behalf under this Deed of Trust or the Related Documents is false or misleading in <br />any material respect, either now or at the time made or furnished or becomes false or misleading at any time <br />thereafter. <br />Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force 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 />Death or Insolvency. The dissolution of Trustor's (regardless of whether election to continue is made), any <br />member withdraws from the limited liability company, or any other termination of Borrower's or Trustor's existence <br />as a going business or the death of any member, the insolvency of Borrower or Trustor, the appointment of a <br />receiver for any part of Borrower's or Trustor's property, any assignment for the benefit of creditors, any type of <br />creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against <br />Borrower or Trustor. <br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial <br />proceeding, self-help, repossession or any other method, by any creditor of Borrower or Trustor or by any <br />governmental agency against any property securing the Indebtedness. This includes a garnishment of any of <br />Borrower's or Trustor's accounts, including deposit accounts, with Lender. However, this Event of Default shall <br />not apply if there is a good faith dispute by Borrower or Trustor as to the validity or reasonableness of the claim <br />which is the basis of the creditor or forfeiture proceeding and if Borrower or Trustor gives Lender written notice of <br />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 <br />dispute. <br />Breach of Other Agreement. Any breach by Borrower or Trustor under the terms of any other agreement between <br />Borrower or Trustor and Lender that is not remedied within any grace period provided therein, including without <br />limitation any agreement concerning any indebtedness or other obligation of Borrower or Trustor to Lender, <br />whether existing now or later. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, <br />or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, 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 Borrower's or Trustor's financial condition, or Lender <br />believes the prospect of 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 <br />not made within the time required by the promissory note evidencing such indebtedness, or a default occurs under <br />the instrument securing such indebtedness and is not cured during any applicable grace period in such instrument, <br />or any suit or other action is commenced to foreclose any existing lien on the Property. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, <br />Trustee or Lender may exercise any one or more of the following rights and remedies: <br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note <br />secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and <br />the same shall thereupon become due and payable without any presentment, demand, protest or notice of any <br />kind. Thereafter, Lender may: <br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver <br />appointed by a court and without regard to the adequacy of its security, enter upon and take possession <br />of the Property, or any part thereof, in its own name or in the name of Trustee, and do any acts which it <br />deems necessary or desirable to preserve the value, marketability or rentability of the Property, or part of <br />the Property or interest in the Property; increase the income from the Property or protect the security of <br />the Property; and, with or without taking possession of the Property, sue for or otherwise collect the <br />rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less <br />costs and expenses of operation and collection attorneys' fees, to any indebtedness secured by this Deed <br />of Trust, all in such order as Lender may determine. The entering upon and taking possession of the <br />Property, the collection of such rents, issues and profits, and the application thereof shall not cure or <br />