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DEED OF TRUST 200206320 <br />Loan No: 773570 (Continued) Page 5 <br />the purpose of making, executing, delivering, filing, recording, and doing all ether things as may be success, or desira Me, 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, including without limitation all future advances, when due, and otherwise <br />performs all the obligations unposed upon Truster under this Deed of Trust, Lender shall execute and deliver to Tructen a request for full <br />reconveyance and shall execute and deliver to Truster suitable statements of termination of any financing statement on (,to ovide cling <br />Lender security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustee, 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. Borrower fails to make any payment when due under the Indebtedness. <br />Other Defaults. Borrower or Truster falls to comply with or to perform any other term, obligation, covenant or cnnditon contained in <br />this Deed of Trust a any of the Related Deaenects or to comply with or to perform any term, obligation, covenant or cmullEmi <br />contained in any other )agreement between Lender and Borrower or 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 trio Related Documents. If such a failure is curable unit If Borrower or Truster has not buec given a notice of a breach of <br />the same provision of this Deed of Trust within the preceding twelve (12) months, it may be 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 />(15) days; o r (b) if the c requires more than fifteen (15) days, immediately initiates steps sufficient to cure the failure and <br />thereafter continues and completed all reasonable and necessary steps sufficient to produce compliance as soon as reasonably <br />practieal. <br />Default on Other Payments. Failure of Truster within the time required by this Decd 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 />False Statements. Any warrant, mpim entatinn nr statement made or furnished to Lender by Borrower or Truster or n Borrower's or time r d behalf under this Deed es Trust or the Related Documents a !also or mislooding In any meteGel rps'poct, either now a at Iho <br />time made or furnished or becomes false or misleading at any time thereafter. <br />Defective Collateraleartion. This Deed of Trust or any of the Related Documents ceases to be in full force and affect (including failure <br />of any collateral doeenunt to rupee a valid and perfected security interest or Ilan) at any time and for any reason. <br />Death or Insolvency. The dissolution or termination of Borrower's or Toaster's existence a a a going business or the death of any <br />partner, the insolvency of Borrower or Trustor, the appointment of a e er for any part of Borrower's or Trustor's property, any <br />assignment for the benefit of creditors, any type of creditor whitener, whitener, rthe commencement of any proceeding under any bankruptcy <br />or insolvency laws by or against Borrower or Toaster. <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 Truster or by any governmental agency against any property <br />nog the Indebtedness. This soludes a garnishment of any of Borrower's or Trustee's xcooun to 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 />notienobleness of the claim which is the basis of the creditor or forfeiture proceeding and If Borrower or Truster gives Lender written <br />ce of the nrsditer or forfeiture proceeding and deposits with Lender tun surety bond for the creditor or forfeiture <br />p-i—sci rm, in an armunt dolcmnined by Lender, in Its solo discrete , as being an adequate reserve or bond for the dispute. <br />Breach of Other Agreement. Any breach by Borrower or Truster under the terms of any other agreement between Borrower or <br />Trustor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement <br />concerning any indebtedness or other obligation of Borrower or Trustor to Lender, whether existing now or later. <br />Events Affecting Guarantor. Any of the preceding events o with respect to any guarantor, endorser, surely. o rwdabon <br />party of any of the Indebtedness or any guarantor, endorser, ssurety, 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 not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in <br />a manner satisfactory to Lender, arid, in doing so, cure any Event of Default. <br />Adverse Change. A material adverse change occurs in Borrower's or Trustor's financial condition, or Lender believes the prospect of <br />payment or performance of the Indebtedness is Impaired. <br />Insecadty. Lander in flood faith believes itself insecure. <br />Right to Cure. If such a failure is curable and if Borrower or Truster has not been given a notice of a breach of the same provision of <br />this Deed of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Borrower <br />or Trustoq after Lender sends written notice demo Whig cure of such failure (a) cur us the failure within fifteen (15) days; or (b) if <br />the cure requires more u <br />e than fifteen (15) days, immediately initiates steps autfichout 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 />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default counts under this Deed of Trent, at any time thereafter, Trustee or Lender <br />may exeruou any one or mere of the following rights and remedies: <br />Acceleration Upon Default; Additional Remedies. If any Event of Default scoria as per the terms of the Note secured hereby, <br />Lander may declare all Indebtedness s and by this Dend of Trust to be due and payable and the same shall thereupon becomes <br />due and payable wlllha i, any prescnlmenl, 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 its security, enter upon and take possession of the Property, or any part thereof, in its <br />in the n of Trustee, eaW Jo any acts which It deems necessary or desirable to preserve the value, <br />aye <br />marketer Llllty or rentability of Wu Property, or part or the Property or interest nit the Property, - nereme the Tnonme ham the <br />