DEED OF TRUST 200204932
<br />Loan No: 9002 (Continued) I Pager 5
<br />vevanes and shell ec lrver
<br />a aute and dc to Truster suitable statements of termination of y financing statement an fie evidenenp
<br />Lando: s security interest in the Rmta and the Personal Prop". Any reconveymae fee requited by law shall be paid by Trus[ar, it
<br />permitted by applicable law.
<br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event M Default under This Dead of Trust.
<br />Payment Default- Truster falls to make any payment when due under the Indebtedness.
<br />Other Defaults. Tmstor 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 my term, obligation, covenant or condition contained in any
<br />other agreement between Lander and Tr user.
<br />Compliance Default. Failure to c,,ri with any other term, obligation, covenant or condition contained in this Dead of Trust, the Note
<br />or in any of the Related Documents. If such a friars is curable and d Trustor her not been given a notice of a bleach of the sane
<br />provision of this Deed of Trust within the prmeding twelve 02) months, it may be cured land no Event of Default will have occ sin"
<br />if Truster, after Lander funds written notice demanding cure of such failure: (a) cures The fa?vre within fifteen 05) days; or its) A the
<br />core requires more than fifteen (75) days, immediately'n.itintes steps sufficient to cure the failure and thereafter continues and
<br />sample':, all re "enable and necessary along sufficient to produce complience as soon as memaebly practical.
<br />Default un Other payments. Failure of Theater within the time required by this Deed of Trust to make my payment for tax" or
<br />insurance, or any ether payment necessary to prevent fling of or to effect di.sti of my 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 Threat's property or
<br />Truster: s abiiity ',o repay the Indnbtadnese or perform Their respective obligations under the Deed of Trust or my of the Related
<br />Documents.
<br />False Statameme. Any w .bty, representation ar tatement made or furnished to Lander by Trustor or on Trustor'. behalf under The
<br />Deed of Trust or the Related Documents is false or misleading in my material respect, either now or at The time made or furnished or
<br />becomes false or misleading at any time thereafter.
<br />Defective Collateralizaton. This Dead of Trust or any of The Related Documents ceases to bas in full force and effect (including failure
<br />of any collateral document to create a valid and perfected security interest or lim) at any tine and for any reason.
<br />Death or Insolvency. The dissolution of Tiberia's (reoardl "s of whether election to conMU, a mad.). my member withdraws from
<br />the limited liability company, or any other nomination of Truster's existence as a going business or The death of any member, The
<br />solvency of Trustor, the appointment of a receives for any part of Trusta'. property, any assignment for the benefit of creditors, any
<br />Type of :reinter workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Truster.
<br />Creditor or Forfeiture proceedings. Commmeemant of foreclosure or fortedvre proceedings, whether by judicial n...aeding, velf -hip,
<br />rep ®scssion or any other method, by any oiah.or of Truster or by any governmental agancy against any property scouring the
<br />Indebtedness. This includes a garnishment of any of Truster's accounts, including deposit accounts, with Lander. However, Thu
<br />Evan, of Default shall not an,;: if dare is a good faith i ispcte by Treater as to the validity or reasonableness of The claim which is The
<br />basis or the creditor or fodeinge proceeding and H Truator gives Lander writtm none, of the creditor or forfeiture proceeding and
<br />dapasib with Lander monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lander, in iu sole
<br />diecratinn, as Lein, an adequate rosary. or bond far The dispute.
<br />Breach of Other Agreement. Any breach by Truster under the terms of as othw agreement between Trustor and Lander That is not
<br />r areadiad within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other
<br />obligation of Trustor to Lander, whether existing now or later.
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or my
<br />Guarani., dies or becomes incampet rnm or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.
<br />Adverse Change. A material adverse change occurs in Truster's financial condition, or Lender believes the prospect of payment or
<br />performance of the Indebtedness a imposed.
<br />Insecurive. Lender in good faith believes itself insecure.
<br />RIGMS AND REMEDIES ON DEFAULT. If an Event of Default occurs undo This Deed of Trust, at any time thereafter, Trustee or Lander
<br />may exercise any one or morn 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,
<br />Lander may declare all Indebtedness secured by this Deed of Trust to he due and payable and the same shall thereupon become
<br />due and payable without any presentment, dan.nd, protest or notice of any kind. hereafter, Lender may:
<br />(a) Either in person or by agent, with or without bringing any action of proceeding, or by a receiver appointed by a court and
<br />without regard to the adequacy of its security, enter upon and take possession of the property, or any part thereof, in its
<br />own name or n the name of Trustee, and do any acts which it deems nagervary, or desirable to preserve The vdue.
<br />marketability or rentability of The property, or part of Me property or Merest in the Property: increase the income from The
<br />Property or protect the absurd, of the Property: and, with or without taking possession of the property, sue for or otherwise
<br />collect the rents, issues and profits of the property, including Those past due and unpaid, and apply the same, less costs and
<br />expanses of operation and collection attomays' fees, to any colmhodness secured by this Deed of Trust, all in such order as
<br />Lender may determine, The entering upon and taking possession of the Property, the collection of such rants, issues and
<br />profits. and The application thereof shal; not cure or waive any default or notice of default under this Dead of Treat or
<br />invalidate any act done in response to such default or pursuant to such notice of default: and, notwithstanding the
<br />continuance in ....esaion of the Property or the collection, receipt and application of rents, issues or profits. Trustee or
<br />Lender shall be entitled to exercise every fight provided for In the Note or the Related Documents or by low upon the
<br />occurrence of a,, event of defaon, nel,cm, the ^; ht to exarebe the power of sale;
<br />
|