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DEED OF TRUST <br />Loan 1/776822 (continued) 200302498 page5 <br />effectuate, complete, perfect, continue, or preserve (1) Trustor's obligations under the Note, this Deed of Tru, and the Related <br />Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on th ste Property, whether <br />now owned or hereafter acquired by Truster. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall <br />reimbu se Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. <br />Attorney-ho-Fact. It Truster fails to do any of the things referred to in the preceding paragraph. Lender may do so for and In the name <br />of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney -in -tact for <br />the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's <br />sole opinion, to accomplish the matters referred to in the preceding paragraph. <br />FULL PERFORMANCE. It Truster pays .II the Indebtedness, including without limitation all future advances, when due, and otherwise <br />performs all the obligations Imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full <br />nummenymen and shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing <br />Lender's security interest in the Pants and the Personal Property. Any reconveyance tee required by law shall be paid by Toaster, if <br />permitted by applicable law. <br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust <br />Payment Default. Trustor fails to make any payment when due under the Indebtedness. <br />Other Defaults. Truster fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of <br />Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any <br />Other agreement between Lender and Trustor_ <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust. the Note <br />or in any of the Related Documents. If such a failure Is curable and if Trustor has not been given a notice of a breach of the same <br />provision of this Dead of Trust within the preceding twelve T 2) months, It may be cured (antl no Event of Default will have occurred) <br />if Trustor, after Lender sends written notice demanding cure of such failure: la) cures the failure within fifteen (15) days; or do if the <br />cure requires more than fifteen (15) days, immediately initiates steps sufficient to cure the failure and thereafter Continues and <br />Completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. <br />Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or <br />insurance, or any other payment necessary to prevent flung of or to effect discharge of any lien. <br />False Statements. Any warranty, representation or statement made or furnished to Lender by Trustor or on Trust, a behalf under this <br />Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or <br />becomes also or misleading at any time thereafter. <br />Defective Collaterafzation. This Deed of Trust or any of the Related Documents ceases to be In full force and effect( Including failure <br />of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. <br />Death or Insolvency. The beech of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of Trustor's property, <br />any assignment fm the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any <br />bankruptcy or insolvency laws by or against Trustor. <br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self -help, <br />repossession or any other method, by any creditor of Trustor or by any governmental agency against any property securing the <br />Intlebtetlness. This includes a garnishment of any of Trustur's acenouts, including deposit accounts, with Lender. However, this <br />Event of Default shall not apply if there is a good faith dispute by Trustor as to the validity or reasonableness of the claim which is the <br />basis of the creditor or farfeiture proceeding and if Trustor gives Lender written notice of the creditor or forfeiture proceeding and <br />deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole <br />discretion, as being an adequate reserve or bund fur the dispute. <br />Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and Lender that is not <br />remedied within any grace period provided therein, Including without limitation any agreement concerning any 'mdefnedness or other <br />obligation of Toaster to Lender, whether existing now or later. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation <br />party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or <br />yokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at Its option, <br />may, but shall nut be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in <br />a manner satisfactory to Lender, and, In doing so, cure any Event of Default. <br />Adverse Change. A material adverse change occurs in Trustor's financial condition, or Lender believes the prospect of payment or <br />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 net made within the <br />time required by the promissory note evidencing such indebtedness, or a default occurs under the instrument securing such <br />indebtedness and is not cured during any applicable grace period In such Instrument, or any suit or other action is commenced to <br />foreclose any existing lien na the Property. <br />Right to Cure. If such a failure is curable and if Trustor has not been given a notice of a breach of the same provision of this Deed of <br />Trust within the preceding twelve 112) months, it may be cured land no Event of Default will have occurred) if Trustor, after Lender <br />ands written notice demanding cure of such failure: (a) cures the failure within fifteen (1 5) days; or (b) if the cure requires more <br />than fifteen 11 5f days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable <br />and necessary steps sufficient to produce compliance as soon as reasonably practical. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender <br />