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� 02-�2-�999 � DEED OF TRUS l Loan No 762991 (Continued) T S 9 9 10 7 0 'l�age 5 FURTHER ASSURANCES, ATTORNEY IN—FAGT The foifowin � � Deed of Trust g prov�sions relating to further assurancas and attorney—in—fact are a part of thls Further Assurances. At any time, and from time to time, upon request of Lender,Trustor will make, execute and deltver, or will cause to be made, executed or delivered, to Lender or to Lender's desi9nee, and when requested by Lender, cause to be flled, recorded, refiled, or rerecorded,as the case may be,at such times and in such offices and placas as Lender may deem approprfate,any and all such mortgages, deeds of trust,securi{y deeds,security agreements,financing statements,contlnuation statements,instruments of further assurance,certiflcates, and other documents as rriay, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, pertect, continue, or preserve (a)the obligations of Trustor under the Note,this Deed of Trust,and the Related Documents,and (b)the liens and security interests created by this Deed of Trust as first and prior liens on the Pro e law or agreed to the contrary by Lender in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the P �y,whether now owned or hereaffer acquired by Trustor. Unless prohibited by matters referred to In this paragraph. Attorney—in—Fact. If Trustor fails to do any of the things referred to in the precedin Trustor and at Trustor's expense. For such purposes,Trustor hereby irrevocably appo nj tPsgLendehas Trustor's a ome for and in the name of of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the precedin Y—��►�-fact for the purpose g paragraph. FULL PERFORMANCE. If Trustor pays all the Indebtedness when due,and otherwise performs all the obligations imposed upon Trustor under this �eed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor sultable' statements of termination of any financing statement on flle evidenctng Lender's security interest (n the Rents and the Personal Pro e reconveyance fee required by law shall be paid by Trustor,if permitted by appllcable Iaw. DEFAl1LT. Each of the following,at the option of Lender,shall constitute an event of de�auit("Event of De�auit")under this Deed of Trust:p � Any Default on Indebtedness. Failure of Trustor to make any payment when due on the Indebtedness. Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make an any other payment necessary to prevent filing of or to effect discharge of any lien. Y payment for taxes or insurance,or Compliance Default. Failure of Trustor to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in any of the Related Documents. False Statements. Any warranty,representation or statement made or furnished to Lender by or on behalf of Trustor under this Deed of Trust, the Note or the Related Documents is false or misleading in any mate�Ial respect,either now or at the time made or furnished. Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect(including failure of any collateral documents to create a valid and pertected security interest or lien)at any time and for any reason. Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for an assignment for the benefit of creditors, any type of creditor workout, or the commencement of an insolvency laws by or against Trustor. Y Part of Trustor's property, any Y P��eeding under any bankruptcy or Foreclosure,Forfeiture,etC. Commencement of foreclosure or forfeiture proceedings,whether by judicial proceeding,self—help,repossession or any other method,by any creditor of Trustor or by any governmental agency against any of the Property. However,this subsection shall not apply in the event of a good faith dispute by Trustor as to the validity or reasonableness of the claim which is the basis of the foreclosure or forefeiture proceeding, provided that Trustor gives Lender written notice of such claim and furnishes reserves or a surety bond for the claim satisfactory to Lender. Breach of Other Agreement. Any breach by Trustor under the terms ot any other agreement between Trustor and Lender that is not remedied within any grace period provided therein,including without limitation any agreement concerning any indebtedness or other obltgaHon of Trustor to Lender,whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of,or liability under,any Guaranty of the Indebtedness. Lender,at Its optlon, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender,and,in doing so,cure the Event of Default. Insecurity. Lender in good faith deems itself insecure. Right to Cure. If such a failure is curable and if Trustor has nof been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Trustor, after Lender sends written notice demanding cure of such failure: (a)cures the failure within ten 10 da initiates steps sufBcient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce � ) ys;or (b)if the cure requires more than ten(10)days,immediately compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter,Trustee or Lender,at its option, may exercise any one or more of the following rights and remedies,in addition to any other rights or remedies provided by law: Acceleratlon upon Default; Additfonal Remedfes, If any event of default ocours gs per the terms of the Note secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and payable without any presentment,demand,protest or notice of any kind. Thereaffer,Lender may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security,enter upon and take possession of the Properfy,or an ot Trustee,and do any acts which it deems necessary or desirable to preserve the value,marketability or rentability of the Pro e y part thereof,in its own name or in the name of the Property or interest in the Property;increase the income from the Property or protect the security of the Pro e taking possession of the Pro e P rtY,or part unpaid,and apply the same,pess�costsfandr otherwise collect the rents, issues and profits of the Pro e p �'a"d,with or without by this Deed of Trust,all in such order as Len�d�eer sy detepmine�The e ten g�upon and't kin orneyspfee,to any lndebtedness dseecured of such rents,issues and profits,and the application thereof shall not cure or waive any default or notice of default under this Deed of Trust 9 Possession of the Property,the collecdon or invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the continuance in possession ot the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall be entitled to exercise every right provided for in the Note or the Related Documents or by law upon the occurrence of any event of default,including the right to exercise the power of sale;