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95 1093 � 3 further encumbrance of all or any part of or any interest in the Property, either voluntary or involuntary, without the express written consent of Lender. G. The sale, transfer, assignment, entering into contract to sell, or a conveyance, or further encumbrance of all or any part of the limited liability company interest of Trustor to a third party during the period that the Trust Deed remains a lien on the property without the written consent of Lender. H. Breach of any provision of the Letter of Commitment with Lender dated May 4, 1999 . I . Failure of Borrower to furnish under Paragraph 5 of the Letter of Commitment current annual operating statements outlining all income, expenses, and a rent roll . In addition, each Guarantor shall provide financial statements and income tax returns on an annual basis within 90 days after the end of each calendar year. These statements may be required on a more frequent basis at the sole discretion of Lender. Lender' s determination as to the acceptability of each statement as to form and detail shall be final. If Lender determines any statement to be non-acceptable, Lender will so advise Borrower in writing, and Borrower will have thirty (30) days thereafter to submit an acceptable statement . Failure to resubmit an acceptable statement shall then be an Event of Default . J. Any mortgage or Trust Deed, even though inferior to Lender� s Trust Deed, is placed against the property without Lender' s written consent . K. Abandonment of the Property. L. Borrower commits waste or allows the mortgage property to deteriorate, after written notice to correct the problem has been given to the Borrower and Borrower fails to take steps to correct the same . M. Trustor shall be dissolved or terminated or shall fail to maintain its limited liability company existence. N. Borrower fails to keep the property insured as required herein. O. Should it be discovered after the execution and delivery of this Trust Deed that there is a defect in the title to, or a lien or encumbrance of any nature, on the Real Property or the Personal Property described in the Loan Instruments prior to the lien of the Beneficiary under this Trust Deed or the Loan Instruments, and not disclosed in the policy of title insurance issued to the Beneficiary insuring the priority of the Trust Deed covering the Property, unless such defect is cured within thirty (30) days after written notice of such defect from the Beneficiary to the Borrower; or P. If any prior lien, encumbrance or homestead claim is determined to exist against the Property adverse to the priority of the lien given to the Beneficiary hereof in this Trust Deed and not disclosed in the policy of title insurance issued to the Beneficiary insuring the priority of this Trust Deed, unless the Borrower shall, within thirty (30) days after demand by the Beneficiary, satisfy or otherwise secure the release of such prior lien, encumbrance or homestead claim. 11 . Remedies; Acceleration Upon Default . Time is of the essence as to this Trust Deed. If any Event of Default occurs, Lender will give notice of default as required by law (§76-1006 R.R.S . 1943) . Lender may declare all indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable without further presentment, demand, protest or notice of any kind. Thereafter Lender may: 6 i .