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DEED OF TRUST 200302966 <br />Loan No: 41042 (Continued) Page 5 <br />Unless prohibited by law or Lender agrees to the contrary In writing, Trustor shall reimburse Lender for all costs and expenses incurred in <br />connection with the matters referred to in this paragraph. <br />Attomey 4-Facl. If Trustor fails to do any of the things referred to In the preceding paragraph, Lender may do so for and in the name of <br />Trustor and at Tmstor's expense. For such purposes, Trustor hereby Irrevocably appoints Lender as Trustor's afiorneytio -fact for the <br />purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole <br />opinion, to accomplish the matters referred to in the preceding paragraph. <br />FULL PERFORMANCE. It Trustor pays all the Indebtedness, Including without limitation all future advances, when due, and otherwise performs <br />all the obligations Imposed upon Trustor under this Dead of Trust, Lender shall execute and deliver to Trustee a request for full reconvayance and <br />shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lenders security interest in the <br />Rents and the Personal Property. Any reconveyance We required by law shall be paid by Trustor, if permitted by applicable law. <br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Dead of Trust: <br />Payment Default. Trustor fails to make any payment when due under the Indebtedness. <br />Other Defaults. Trustor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of Trust or <br />In any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other <br />agreement between Lender antl Trustor. <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained In this Deed of Trust, the Note or in <br />any of the Related Documents. If such a failure 5 curable and if Trustor has not been given a notice of a breach of the same provision of this <br />Dead of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Trustor, after Lender <br />sends written notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) if the cure requires more than fifteen <br />(15) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps <br />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 insurance, or <br />any other payment necessary to prevent filing 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 Trustors behalf under this Dead <br />of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes <br />false or misleading at any time thereafter. <br />Defective Collaterellzatlon. This Deed of Trust or any of the R dated Documents ceases to be in full force and effect (including failure of any <br />collateral document to create a valid and perfected security interest or Ilan) at any time and for any reason. <br />Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of Trustors property, any <br />assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or <br />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 />Indebtedness. This includes a garnishment of any of Trustors accounts, including deposit accounts, with Lender. However, this Event of <br />Default shell not apply if there is a good faith dispute by Trustor as to the validity or reasonableness of the claim which is the basis of the <br />creditor or forfeiture proceeding and if Trustor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender <br />monies or a surety bond for the creditor or forfeiture proceeding, In an amount determined by Lender, in its sole discretion, as being an <br />adequate reserve or bond for the dispute. <br />Bresth 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 indebtedness or other <br />obligation of Trustor 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 parry <br />of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes Incompetent, or revokes or disputes <br />the validity of, or liability under, any Guaranty of the Indebtedness. <br />Adverse Change. A material adverse change occurs in Trustors 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 not made within the time <br />required by the promissory note evidencing such indebtedness, or a default occurs under the instrument securing such indebtedness and is <br />not cured during any applicable grace pedotl in such instrument, or any suit or other action is commenced to foreclose any existing lien on <br />the Property. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lentler may <br />exercise any one or more of the following rights and remedies: <br />Acceleration Upon Default; Additional Remedies, If any Event of Default occurs as per the terms of the Note secured hereby, Lender <br />may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and <br />payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may: <br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and <br />without regard to the adequacy of We security, enter upon and take possession of the Property, or any part thereof, In Its own name <br />or in the of Trustee, and do any acts which It deems necessary or desirable to preserve the value, marketability or rentability <br />of the Property, or part of the Property or interest In the Property; increase the income from the Property or protect the security of <br />the Properly; and, with or without taking possession of the Property, sue for or otherwise collect the rents, issues and profits of the <br />