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99 109 � 9 �
<br /> 9 . Actions Affecting Trust Estate. Borrower shall appear
<br /> in and contest any action or proceeding purporting to affect the
<br /> security hereof or the rights or powers of Lender or Trustee, and
<br /> shall pay all costs and expenses, including cost of evidence of
<br /> title and attorney' s fees, in any such action or proceeding in
<br /> which Lender or Trustee may appear. �hould �orrower fail to make
<br /> any payment or to do any act as and in the manner provided in any
<br /> of the Loan Instruments, or this Trust Deed, then Lender and/or
<br /> Trustee, each in its own discretion, without obligation to do so
<br /> and without notice to or demand upon Borrower and without
<br /> releasing Borrower from any obligation, may make or do the same
<br /> in such manner and to such extent as either may deem necessary to
<br /> protect the security hereof . Borrower shall, immediately upon
<br /> demand therefor by Lender, pay all costs and expenses incurred by
<br /> Lender in connection with the exercise by Lender of the foregoing
<br /> rights, including without limitation costs of evidence of title,
<br /> court costs, appraisals, surveys and reasonable attorney' s fees .
<br /> Any such costs and expenses not paid within ten (10) days of
<br /> written demand shall draw interest at the default rate provided
<br /> in the Note.
<br /> 10 . Events of Default . The following shall constitute an
<br /> Event of Default under this Trust Deed:
<br /> A. Failure to pay any installment of principal or interest
<br /> or any other sum secured hereby when due, or failure to pay when
<br /> due any other indebtedness of Borrower to Lender, provided,
<br /> however, Borrower shall have fifteen (15) days to pay the same
<br /> before an Event of Default is declared.
<br /> B. A breach of or default under any provision contained in
<br /> the Note, or this Trust Deed, or in any of the Loan Instruments,
<br /> or any other lien or encumbrance upon the Property or other
<br /> instruments, documents, or agreements now existing or hereafter
<br /> executed by Borrower in favor of Lender, provided, however,
<br /> Borrower shall have thirty (30) days to correct the default after
<br /> written notice is given, before an Event of Default is declared.
<br /> C. A writ of execution or attachment or any similar process
<br /> shall be entered against any Borrower which shall become a lien
<br /> on the Property or any portion thereof or interest therein;
<br /> provided, however, Borrower shall have thirty (30) days to remove
<br /> the same before it is an Event of Default .
<br /> D. Any representation or warranty made by the Trustor in
<br /> this Trust Deed, or in any documents pertaining to this loan that
<br /> is or becomes untrue in any material respect .
<br /> E. In the event that the Trustor or any one or more of the
<br /> general partners if Trustor is a limited partnership (1) applies
<br /> for or permits the appointment of a receiver, trustee or
<br /> liquidator of all or a substantial part of its assets, or (2) is
<br /> adjudicated a bankrupt or insolvent, or files a voluntary
<br /> petition in a bankruptcy, reorganization or insolvency
<br /> proceeding, or a petition to institute a debtor' s proceeding or
<br /> case, or (3) admits in writing its inability to pay its debts as
<br /> they become due, or generally does not pay its debts as they
<br /> become due, or (4) makes a general assignment for the benefit of
<br /> creditors, or (5) files a petition or answer seeking
<br /> reorganization or arrangement with creditors, or to take
<br /> advantage of any insolvency law, or (6) files an answer admitting
<br /> the material allegations of a petition filed against it in any
<br /> bankruptcy, reorganization or insolvency proceedings, or (7)
<br /> fails, for a period of exceeding forty-five (45) days, to obtain
<br /> the dismissal of any involuntary case filed against it in any
<br /> bankruptcy, reorganization or insolvency proceedings, or (8)
<br /> takes any action for the purpose of effecting any of the
<br /> foregoing.
<br /> F. The sale, transfer, the assignment, entering into a
<br /> contract to sell or a lease option contract, or the conveyance or
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