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NI�N IN 00000000000000235 N��INNNNI <br />DEED OF TRUST 200306470 <br />(Continued) Page 5 <br />reasonably convenient to Trusts, and Lender and make it available to Lender within three (3) days after receipt of written demand <br />from Lender to the extent permitted by applicable law. <br />Addresses. The mailing addresses of Trustor (debtor) and Lender Isecured party) from which information concerning the security <br />interest pentetl by this Deed of 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 True, <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, m 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 sole opinion of Lender, be necessary or desirable in order to <br />effectuate, complete, perfect, continue, or preserve (11 Borrower's and Trustor 'a obligations under the Note, this Deed of Trust, and <br />the Related Documents, and (2) the liens and security interests created by this Dead of Trust as first and prior liens on the Property. <br />wbether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor <br />shell reimburse Lender for all costs and expenses incurred In connection with the matters referred to In this paragraph. <br />Attornsicin -Fact. If Trustor falls 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 Toaster's expense. For such purposes, Trustor hereby irrevocably appoints Lander as Trustor's attorney -in -fact for <br />the purpose of mak'mg, 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 Borrower 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 Rents and the <br />Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable low. <br />EVENTS OF DEFAULT. Each of the following, at Lentler'. option, shall constitute an Event of Default under this Deed of Trust: <br />Payment Default. Borrower fails to make any payment when due under the Indebtedness. <br />Other Defaults. Borrower or Trustor fails m comply with or to perform any other term, obligation, covenant or condition contained in <br />this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition <br />contained in any other agreement between Lender and Borrower or Trustor. <br />Compliance Default. Failure to comply with any other term, ohligation, covenant or condition contained in this Deed of Trust, the Not. <br />or in any of the Related Documents. If such a failure is curable and if Borrower or Trustor has not been given a notice of a breach of <br />the same provision of this Deed of Trust within the preceding twelve (12) months, it may he cured (and no Event of Default will have <br />occurred) If Borrower or Trustor, after Lender sends written notice demanding cure of such failure: (a) cures the failure within fifteen <br />115) day.; or Ibl if the cure requires more than fifteen (15) days, immediately initiates steps sufficient to cure the failure and <br />thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably <br />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 hen. <br />Default in Favor of Third Parties. Should Borrower or any Trustor default under any loan, extension of credit, security agreement, <br />purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of <br />Trustor's property or Borrower's or any Trustor's ability to repay the Indebtedness or perform their respective obligations under this <br />Dead of Trust or any of the Related Documents. <br />False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Trustor or on Borrower's or <br />Trustor'. behalf under this Deed of Trust or the Related Documents Is false or misleading in any material respect, either now or at the <br />time made or furnished or becomes false or misleading at any time thereafter. <br />Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect )including failure <br />of any cullateral document to create a valid and perfected security interest or lien) at any time and for any reason. <br />Death or Insolvency. The dissolution of Trustor's (regardless of whether election to continue is made), any member withdraws from <br />the limited liability company, or any other termination of Borrower's or Trustor's existence as a going business or the death of any <br />member, the Insolvency of Borrower or Truster, the appointment of a receiver for any part of Borrower's or Trustor's property, any <br />assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy <br />or insolvency laws by or against Borrower or Theater. <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 Borrower or Trustor or by any governmental agency against any property <br />securing the Indebtedness. This includes a garnishment of any of Borrower's or Trustor 'a accounts, including deposit accounts, with <br />Lender. However, this Event of Default shall not apply it there is a good faith dispute by Borrower or Trustor as to the validity or <br />