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200207334 <br />DEED OF TRUST <br />Loan No: 774530 <br />)Continued) Page 5 <br />FULL PERFORMANCE. If Borrower pays all the Indebtedness, in ciud'ing without limitation all future advances, when due, and otherwise <br />performs all File ohligati.Pe Imposed upon Truster under this Deed of Trust, Lender shall execute and dialect to Trust. a request for full <br />veysnce and shall execute and duties, m Truster suitable statements of bremnstlon at any financing statement on file evidencing <br />Lender's security interest in the Rents aril the Personal Property_ Any reconveyanno fee required by law shall be paid by Ti 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 />Pearson, Default. Be,,---' falls to make mN Payment when due under the Indebtedness. <br />Other Defaults, Borrower Or Truster fails to comply with or to perform any other term, obligation, covenant or bro ilan contained in <br />this Deed of Trost nr in any of the Related Documents or to comply with or m perform any tuns, nbllgation, covenant n condition <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 Collegian contained in this Dead of Trust, the Nate <br />Or in any of the Related Documents. If such a failure is curable and If Burrower or Treater has not been given a notice of a breach of <br />the same provision Of this Deed of Truer within the preceding twelve (12) mmgths, it may be cured land no Event of Default will have <br />,rout) If Borrower or Trustor, after Lender sends written notice demanding cure of such failure: (a) notes ,he failure within fifteen <br />(15) Jays; o (b) IY too cum requires more than fifteen (15) days, Immediately IFluddes steps sufficient to sure the Yallum and <br />thereafter continues and complete ail reasonable and necessary steps sufficient to producs compliance us soon as reasonably <br />practical <br />Default on Other Payments. Failure of Truster within the time required by tills Deed Of Trust to ,make any Payment for taxes o r <br />moue...,., or any other payment necessary to prevent filing of or to offset discharge of any lien, <br />False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Trustor or on Borrower's or <br />Trustor's behalf ends' this Deed Of Trust Or the Related Domrments Is false or misleading in any material respect, author now or at the <br />time made or furnished or becomes tale, or misleading at any time thereafter. <br />Detective Cnlla,erali b tion. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure <br />of any collateral document to recall a valid and perfected security interest or Ilea) at any time and for any reason. <br />Death or Insolvency. The death of Burrownr or Truster, tee insolvency of Borrower or Trustor, the appointment of a receiver for any <br />part of Borrower's or Tmsmr's property, any assignment for the benefit at creditors, any type of creditor workout, or the <br />commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Trustor. <br />Creditor or Forfeiture Proceedings. Commencement of fo'eclosne or forfeiture proceedings, whether by judicial proceeding, self -help, <br />reposesxsion or any other method, by any -'re of Borrower or Trustor or by any governmental agency against any property <br />Ong to Indebtedness. This 'includes a 9- 'nlsbmst, of any of Borrower's or Trustor'. acnnunts, includify deposit accounts, with <br />Lentler. However, this Event of Default shall not apply if there Is a good forth dispute by Borrower or Truster as to the validity O <br />reasonableness of the claim which is tile halls of the credimr ar forfeiture proceeding and If Borrow, o' Trustor g,,as Lender written <br />fors, of the creditor or forfeiture proo.uding and deposits with Lender masers or a surety bond fur the creditor or formlture <br />proceeding, in an amount detcnslnod by Lentler, in its sole discretion, as being an adequate reserve or bond for the dispute. <br />Breach of Other Agreement. Any breach by Borrower or Tractor under the terms of any other agreement betwron Borrower or <br />Trustor and Lender that Is not remedied within any grave period provided therein, Including without limitation any agreement <br />concerning any indebtedness or other obligation of Borrower or Truster to Lender, whether existing now or later. <br />Events Affecting Guarantor. Any of the preceding events Occurs with respect to any guarantor, endorser, surety, or accommodation <br />party of any of the Indebtedness or any postal endorser, surety, or accommodation party dies or becomes Inecoulilloomm, or <br />vokee or disputes the validity cf, or IlabhhN under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, <br />may but shall not be required t,, permit the guarmrtm's estate to seem In unconditionally the nhllgations arising under the guaranty in <br />manner satisfactory to Lender, and, In doing so, cure any Event at Default. <br />Adverse Change. A material adverse change occurs In Borrower's or Trustor's financial condition, or Lender believes the prospect of <br />peyhnent or performance of the Indebtedness is Impaired. <br />Insecurity. Lender in good farm believes itself rusecurs. <br />Right to Cure_ If such a failure is curable and if Borrower er Truster has riot been given a notice of a breach of tine same provision of <br />tills Deed of Trust wIIh,n the preceding twelve f12) months, It may be cured land no Event of Default will have occurred) it Recover <br />or Trusts, after Lender sends written notice demanding curs of such failure: (a) cures the failure within fifteen (15) days: or (h) If <br />the cure requires more than hinter, (15) days, Imnnedietoly initiates steps sufficient to cure the failure and thereafter continues and <br />omptetes all reasonable and necessary steps sufficient to produce compliance as soon as reasorrabl practical. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, a, any time thareafler, Trustee Or Lender <br />may exercise any One or more of the following rights and ramedles: <br />Acceleration Upon Default Additional Remedies. If any Event of Default occurs as per the terms of the Nato secured hereby, <br />Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the opera shall thereupon become <br />one and payable without any presentment, demand, protest or ounce of any kind. Thereafter, Lender may: <br />(a) Either in parson or by agent, with or without bringing any action or proceeding, or by p receiver appointed by a court and <br />without regard m the adequacy of its security, come upon and take possession of the Property. nr any part the'sef, in its <br />n the name of Trus err, and do any acts which it deems necessary or desirable to preserve the value. <br />o mkmability or rentability of the Property, or part of the Property or interest In lire Property; Increase the income from the <br />Property o' protect the ...party of the Properly: and, with or without to log possesses. of the Property, sec for or otherwise <br />collect the rent, issues and profits of the Property. Including those past Jae and unpaid, and apply the same. 1.11 ,cuts and <br />expenses of cp.l and collector attorneys' fees, to any Indebtedness severed by this Deed of Trust, all In such order xs <br />