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200207331 <br />DEED OF TRUST <br />Loan No: 774534 (Continued) Page 5 <br />Other Dogre lie- Truster fails to comply with or to perfonn any other term, obligation, covenant or pGretrool coptanure In this Dead of <br />Trust or In any of the Related Documents or to comply with or to perfunn any term, obligation, covenant or condition Contained in any <br />,,that agreement between Lender and Truster. <br />Compliance Default. F,Ilute to comply with any other term, obligation, covenant or condition contelned in title Dead of Trust, the Note <br />or in any of the Related Doeuntanm- If such a failure is curable and if Truster has not been given a notice of a breach of the same <br />provision of this Dead of Trust within the preceding twelve (121 months, it may be cured land no Event of Default will have occurred) <br />If Truster, after Lender sends written notice derrnntling cure of such failure: (a) cures the failure within fifteen (15) days; or (b) It the <br />cure requires Marc grin fifteen (15) days, immediately Initials, steps sufficient to cure a the failure and thereafter continues and <br />completes all reasonable and necessary steps sufficient w produce compliance ac seen as reasonably 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 in effect discharge of any lien. <br />False Statements. Any w arty, representation or statement made or funtislued to Lender by Truster 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 />becmnus false or misleading at any time thereafter. <br />Defective Colliteralivion.m. This Dead 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 Ilan) at any time and for any reason. <br />Death or Insolvency. The death of Truster, the Iruplvency of Trusmr, the appointment of a reuuivar for any part of Trustor's property, <br />any assignment for the benefit of creditors, any typo of cendier workout, or the commencement of any proceeding under any <br />bankruptcy or insolvency laws by o r against Truster. <br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture pmcaedinns, whether by judicial proceeding, suit help, <br />rcpos,asslon or any other method, by any creditor of Trustur or by any governmental agency against any property securing the <br />Indebtedness This includes a garnishment of any of Trustor's accounts including deposit poppoulti,, with Lander. However, this <br />Event of Default shall Flat apply if there Is a good faith dispute by Truster as to the validity or reasonableness of the plan. which is the <br />basis of the creditor or organic proceeding and if Truster gives Lender written notice of the creditor or forfeiture proceeding and <br />deposits with Lander monies or a surety bond fur the creditor or forfeiture proceeding, In an anmunt determined by Lender, in Its sole <br />discretion, as being an adequate reserve or bond far trip dispub, <br />Breach of Other Agreement. Any breach by Truster under the terms of any other agreement between Truster and Lender that a not <br />madiad within any grace period provided therein, including without limitation any agreement norrearrung any Indebtedness or other <br />baluster of Truster e Lander, whether existing now or later. <br />Events Affecting Guarantor. Any of the preceding events o with respect e any guarantor, endorser, surety, a modatien <br />Mau <br />parry revokes any of the e a lidity f, u any gu and rot, y Guaran,surety, In ebt dness, Inn party dies or becomes inn its out, or <br />, bu or disputes the validity of, er it th liability under, any Guaranty of the Indebtedness. In file went of a death, Lender, at Its option, <br />may, but shall not he required to, permit the guarantor', estate to assume unconditionally the obligations arising under ibe 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 to Trustor's financial condition, or Lunder believes the prospect of payment or <br />performance of the Indebtedness is impaired <br />Insecurity. Lender In good faith believes itself insecure. <br />Right to Cure. If such a failure is curable and If Trustur has not been given a notice of a brunch of the same provision of this Deed of <br />Trust crumin the pmoeding twelve (12) months, It may be cured (and no Event of Default will have occurred) If Truster, after Lender <br />sends written no6ee demanding cure of such failure: (a) cures the failure within fifteen (15) days; or to if it,, sure requires more <br />than fifteen (15) days, immediately initiates steps sufficient to cure the failaec and thereafter continues and completes all rcasuiable <br />and necessary steps sufficient to produce compliance as soon as reasonably practical. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Dead of Trust, at any limn thereafter, Trustee or Lender <br />may exercise any one or ears, of the fullc'.v ing rights and remedies: <br />Acceleration Upon Default, Additional Remedies. If any Event at Default occurs s per the terms of the Notes red hereby, <br />Lander may declare all Indebtedness seed by this Deed of Trust to be due and payable and the lama shall thereupon become <br />due and psychic without any presentment demand, protest or notice of any kind. Thereafter, Lender may <br />la) Either In per—in or by agent, with or without bringing any action or renouncing, or by a receiver appointed by a c art and <br />without regard to the atlegeace of its recently, enter upon and take possession of the Property, or any part thereof, In its <br />,can cance or in the name of Trust ... .rid tlo any acts which it deems necessary or coca la to preserve the value, <br />marketability or rentability of the Property, or pert Of tire Property or interest In the Property; increase the income from the <br />Property or protect the security of the Property; and, with or without taking possession of the Property, sue for or othurvi <br />collect the rents, issues and profits of the Property, including those past due and onpa T and aptly the same, less costs antl <br />expenses of operation and collection attorney, fees, to any Indebtedness secured by this Decd of Trust, all In such order as <br />Lender tiny deturnar, The entering upon and taking possession of the Property, the collection of such rents, Issues and <br />profits, antl the application thereof shall not cure or w any default u intone of default under this Deed of Trust or <br />invalidate any act done In esponce to such defauh or pursuant to such notice of default, and, notwithstanding the <br />a tiuuanca Ia possession of the Property or gm collection, recaipt and application of rents. Is ur )refits, Trustee or <br />Lender shall bu entitled toe very right provided for in the Note or the Related Documents or by law upon the <br />occurrence of any event If defeult6 including the right to exercise the power of sale; <br />IN Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or speudi-Ily enforce any of the <br />Covenants hereof, and <br />(e) Deliver to Trustee a written declaration of default and demand far ,ale and a written notice of default and cleanse to <br />