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200207707
<br />DEED OF TRUST
<br />Loan No: 774634 (Continued) Page 5
<br />page of this Deed of Trust.
<br />FURTHER ASSURANCES: ATTORNEY -IN -FACT. The f plowing provisions relating to further assurances and attorney -in -fact are a part of
<br />this Deed of Trust:
<br />Further Assurances. At any time, and from time to time, upon request of Lender, Truster will make, execute and deliver, or will stave
<br />to be made, executed or delivered, to Leader or to Lender's designee, and when requested by Lender, cause to be filed, recorded,
<br />retiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all
<br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of
<br />further assurance certificates, and other documents a may, In the sole Opinion of Lender, be necessary or desirable In order to
<br />effectuate, complete, perfect, continue, or preserve 111 s Borrower a and Trustor's obligations under the Note, this Deed of Trust, and
<br />the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property,
<br />whether now owned or hereafter acquired by Truster. Unless prohibited by law or Lender agrees to the contrary In writing, Truster
<br />shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to In this paragraph.
<br />Attorney -in -Fact. It Truster fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name
<br />of Truster and at Trusters expense. For such purposes, Treater hereby Irrevocably appoints Lender as Trustor's aaerneV-in -fact for
<br />the purpose of 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, prluding without limitation all future advances, when due, and otherwise
<br />performs all the obligations imposed upon Trust., under this Deed of Trust, I. ender shall axecute and deliver to Trustee a request for full
<br />veyance and shall execute and deliver to Toaster 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 applicable law.
<br />EVENTS OF DEFAULT. Each of the following, at Lender 'a 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 fails to comply with or to perform any other term, obligation, revenant or condition contained In
<br />this Deed of Trust or In any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition
<br />contained In any other agreement between Lender and Borrower or Truster,
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or nand ron com.ir ed in this Dead of Trust the Net.
<br />or in any of the Related Documents. It such a failure Is curable and If Borrower or Truster has not been given a notice of a breach of
<br />the e e provision of this Deed of Trust within the preceding twelve (12) months. It may be cured )antl no Event of Default will have
<br />...mind) if Borrower of Truster, after Lender sands written notice demanding cure of such failure: (a) cures the failure within fifteen
<br />(15) days, or (b) If the cure requires more than fifteen 116) days, immcdletely Initiates steps sufficient to sure the failure and
<br />thereafter continues and completes all reasonable and necessary steps sufficient to produce c mpliance 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 affect discharge of any lien.
<br />False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Truster or on Borrower's or
<br />fruster's behalf under this Deed of Trust 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 Colleteraliliation. This Dead of Trust or any of the Related Documents ceases to be in full torte and effect (Including failure
<br />u( any collateral document to create a valid and perfected security Interest or lien) at any time and for any reason.
<br />Death or Insolvency. The death of Borrower or Truster, the insolvency of Borrower Or Trustor, the appointment of a receiver for any
<br />part of Borrower's or Trustors property, any assignment for the benefit of 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 foreclosure or forfeiture preceedings, whether by judicial proceeding, self -help,
<br />repossession or any other method, by any creditor of Burrower or Treater or by any governmental agency against any property
<br />securing th. Indebtedness. This includes a garnishment of any of Borrower's or Tupper 's accounts, including deposit accdunts, with
<br />Lender- However, this Event of Default shall net apply It 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 Truster gives Lentler written
<br />notice of the creditor or forfeiture proceeding and deposits with Lender monies or a s rely bond for the creditor or furfeiwre
<br />proceeding, in an amount determined by Lender, in Its sole discretion, 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 />Truster 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 occurs with reaped to any guarantor, endorser, surety, or modation
<br />party of any of the Indebtedness or r, any guarantor end.... surety, o modation party dies or becomes Incompetent, o
<br />.v,F or disputes the validity of, or liability under, any Guaranty Of the Indebtedness. In the event of a death, Lerman at its option`
<br />can but shall net be monired in permit the g,.r.nmr's estate to assume unconditionally the obligations arising under the guaranty In
<br />a manner satisfactory to Lender, and, in doings , cure any Event of Default.
<br />Adverse Change. A material adverse change occurs In Borrower's or Trua tot's financial condition, or Lender believes the prospect Of
<br />payment or performance of the Indebtedness is impaired.
<br />Insecurity. Lender in good faith believes itself insecure.
<br />Existing Indebtedness. The payment of any installment of principal or any Interest On the Existing Indebtedness Is riot made within the
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