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DEED OF TRUST <br />Loan No: 774252 200206435 (Continued) gage <br />this Deed of Trust: <br />Further Assurances. At any lime, and from time to time, upon request of Lender, Truster will make, execute and deliver, or will cause <br />in be made, executed or delivered. to Lender or to Lender's designee, and when requested by Lander, cause to he filed, recorded, <br />refined, or ..mi ed, as fie case may be, at such times and In such offices and places as Lender may deem appropriate, any and all <br />uch mortgages, deeds of trust, se c urity 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 1 Borrower's and Trustor's obligations under the Note, this Deed of Trust, and <br />the Related Documents, and 12) the liens and security interests created by this Deed of Trust as first and prior liens on Linn Property, <br />whether now owned or hereafter enquired by Truster. Unless prohibited by law or Lender agrees to the contrary in writing, Truster <br />shall reimburse Lender fur all costs and expenses Incurred In cttnectinn with the matters referred to In this paragraph. <br />A e rney le -Fact. If Truster fails to do any of the things referred to in tae preceding paragraph, Lender may do so for and In then me <br />of Trustor and at Trustor's expense. For such purposes, Trustor hereby Irrevocably appoints Lender as Theater's attorney -in -tact for <br />the purpose OI 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 Borrower pays all the Indebtedness, including without limitation all future advances, when due, and utherwise <br />performs all the obligations imposed upon Truster under this Deed of Trust, Lender shall execute and deliver to Trustee a request far full <br />reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing <br />Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Truster, If <br />permitted by appllnahla 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 Tester fails to comply with or to perform any other term, obligation, covenant d condition contained in <br />this Dead of Trust or In any of the Related Documents or to comply with or to perform any term, obligation, covenant or rendition <br />contained In any differ agoverment 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 the Rclared 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 J1 2) months, it may be cured (and no Event of Default will have <br />occurred) if Borrower or truster, after Lentler sends written hoods demanding cure of such failure: in) cures the failure within fifteen <br />It 5) days; or IN if the cure requires more than fifteen 115) days, Iremodiatoly 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 Truster 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 />False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Trustee or an Borrower's or <br />Trustor's behalf under this Deed of I rust 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 Relemc] Documents ceases to be in full force and effect (including failure <br />of any collateral document to cmale a valid and perfected security Interest or Item at any time and for any reason. <br />Insolvency. The dissolution or termination of Borrower's or Theater's existence as a going business, the Insolvency of Borrower or <br />Freston, the appointment of a mcsiver for any part of Borrower's or Trustor's property, any assignment for the benefit of creditors, <br />any type of creditor workout or the commencement of any proceeding under any bankruptcy or insolvency laws by or against <br />Borrower or Trustor. <br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, sell help, <br />repussesslon or any other method, by any creditor of Borrower or Theater or by any governmental agency against any property <br />securmg the Indebtedness. This includes a garnishment of any of Borrower's or Trustor's accounts, including cards, accounts, with <br />Lander. However, this Event of Default shall not apply if there Is a good faith dispute by Borrower or Truster as to the validity or <br />reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and If Borrower or I raster gives Lender written <br />notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture <br />proceeding, In an amount determined by Lender, in Its sole discretion, as being an adery,dtd created or bond for the disputes. <br />Breach of Other Agreement. Any breach by Borrower or locator under the terms of any about agreement between Borrower or <br />Toaster 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 u with respect to any guarantor, endorser, surety, or accommodation <br />party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or <br />revokes 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 Life guarantor's estate to assume unconditionally the obligations arising under the guaranty in <br />a manner satisfactory to Lender, and, in doing so, cure any Event of Default. <br />Adverse Change. A material adverse change occurs in Borrower's or Tmsmr's financial notation, or Lender helmets the prospect of <br />payment or performance of the Indebtedness is impaired. <br />Insecurity. I ender in good faith believes itself insecure. <br />Existing Indebtedness. The payment of any Installment of principal or any interest on the Existing benchmarks is not made within the <br />time required by the promissory note evidencing such Indebtedness, or a default occurs ender the Instrument S curmq such <br />