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<br /> contained or contained in any of the Loan Instruments shall prove
<br /> untrue or misleading :in any material aspect; or
<br /> (i) Any claim of priority to this Deed by title, lien or
<br /> otherwise shall be asserted in any legal or equitable proceeding
<br /> unless adequate security therefor or affirmative title insurance
<br /> shall be provided to Beneficiary; or
<br /> (j) Grantor shall fail to keep, observe, perform, carry
<br /> out and execute in every particular the covenants, agreements,
<br /> obligations and conditions set out in any of the other Loan
<br /> Instruments or Grantor shall fail to keep, observe, perform, carry
<br /> out and execute in every particular the covenants, agreements,
<br /> obligations and conditions set out in this Deed and such default is
<br /> not cured within fifteen (15) days after written notice thereof
<br /> from Beneficiary to Grantor; or
<br /> (k) Grantor shall make or do any action which would, in
<br /> the opinion of Beneficiary, materially endanger the security for
<br /> the Secured Indebtedness; or
<br /> (1) Should any event of default occur in the payment of
<br /> any obligations owing by Grantor to Toukan Enterprises, Inc. ,
<br /> whenever and however incurred or evidenced, whether direct,
<br /> absolute or contingent, due or to become due, or in the performance
<br /> of any covenants or agreements as contained in any instrument or
<br /> document given to evidence or secure such obligations; or
<br /> (m) Any event of default shall occur under any franchise
<br /> agreements now or hereinafter existing by and between Grantor, as
<br /> franchisee and Wendy's International, Inc. , as franchisor for the
<br /> operation of a "Wendy's" restaurant on the Premises (the "Franchise
<br /> Agreement") ; or
<br /> (n) Any amendment, modification, cancellation or
<br /> termination of the Franchise Agreement without the prior written
<br /> consent of Beneficiary, which consent shall not be unnecessarily
<br /> withheld, delayed or denied.
<br /> 3 .2 Acceleration Upon Default, Additional Remedies. In the
<br /> event of any event of default Trustee or Beneficiary may declare
<br /> all indebtedness secured hereby to be due and payable and then, the
<br /> same shall thereupon become due and payable without any
<br /> presentment, demand, protest or notice of any kind. Thereafter
<br /> Beneficiary may:
<br /> (a) Either in person or by agent, with or without
<br /> bringing any action or proceeding, enter upon and take possession
<br /> of the Premises, or any part thereof, in its own name, and do any
<br /> acts which it deems necessary or desirable to preserve the value,
<br /> marketability or rentability of the Premises, or part thereof or
<br /> interest therein, increase the income therefrom or protect the
<br /> security hereof and, with or without taking possession of the
<br /> Premises, sue for or otherwise collect the rents, issues and
<br /> prof its thereof, including those past due and unpaid, and apply the
<br /> same in accordance with Section 3 . �4 hereof. The entering upon and
<br /> taking possession of the Premises, the collection of such rents,
<br /> issues and profits and the application thereof as aforesaid, shall
<br /> not cure or waive any default or notice of default hereunder or
<br /> invalidate any act done in response to such default or pursuant to
<br /> such notice of default and, notwithstanding the continuance in
<br /> possession of the Premises or the collection, receipt and
<br /> application of rents, issues or profits, Trustee or Beneficiary
<br /> shall be entitled to exercise every right provided for in any of
<br /> the Loan Instruments or by law upon occurrence of any event of
<br /> default, including the right to exercise the power of sale;
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