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00000000000000235 <br />DEED OF TRUST <br />(Continued) 200303381 Pages <br />Addresses, The mailing addresses of Truster (debtor) and Lender (secured party) from which information concerning the security <br />Interest granted by this Deed at Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first <br />page of this Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and attorney -in -fact are a part of <br />this Deed of Trust; <br />Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause <br />to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, <br />refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all <br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of <br />further assurance, certificates, and other documents as may, in the sale opinion of Lender, be necessary or desirable in order to <br />effectuate, complete, perfect, continue, or preserve (1) Theater's obligations under the Note, this Deed of Trust, and the Related <br />Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether <br />now owned at hereafter acquired by Truster. Unless prohibited by law or Lender agrees to the contrary in writing. Truster shall <br />reimburse Lender for all coats and expenses incurred in connection with the matters referred to in this paragraph. <br />Attorney -in -Fact. If 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 Truster and at Truster's expense. For such purposes. Truster hereby irrevocably appoints Lender as Truster's attorney -In-fact 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. If Truster pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Trustor <br />under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to <br />Trustor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rants and the <br />Personal Property. Any reconveyance fee 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 Deed of Trust: <br />Payment Default. Trustor fails to make any payment when due under the Indebtedness. <br />Cher Defaults. Trustor 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 Truster. <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 (12) months, it may be cured (and no Event of Default will have occurred) <br />if Trustor, after Lander sends written notice demanding cure of such failure: (a) cures the failure within fifteen 05) days; or (hl if the <br />cure requires more than fifteen II 51 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 filing of or to effect discharge of any lien. <br />Default in Favor of Third Parties. Should Trustor default under any loan, extension of credit security agreement, purchase or sales <br />agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Truster 'a property or <br />Truster's ability to repay the Indebtedness or perform their respective obligations under this Deed of Trust or any of the Related <br />Documents. <br />False Statements. Any warranty, representation or statement made or furnished to Lender by Trustor or on Toaster's 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 false or misleading at any time thereafter. <br />Detective Callateralization. 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 death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of Truster 'a property, <br />any assignment for 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 />Indebtedness. This includes a garnishment of any of Truster 'a accounts, 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 forfeiture 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 bond for 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 indebtedness or other <br />