DEED OF TRUST
<br />(Continued) 200212625 Page 5
<br />statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any
<br />reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law.
<br />EVENTS OF DEFAULT. Each of the fallowing, at Lender's color, 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 Trustor fails to comply with or to perform any other term, obligation, covenant or condition contained in this
<br />Dead of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in
<br />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 or in
<br />any of the Related Documents. If such a failure is curable and if Borrower or Trustor has not been given a notice of a breach of the same
<br />provision of this Deed of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if
<br />Borrower or Trustor, after Lender sends written notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) if
<br />the cure requires more than fifteen (15) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes
<br />all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
<br />Default an Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or insurance, or
<br />any other payment necessary to prevent filing of or to effect discharge of any lien.
<br />Default In Favor of Third Parties. Should Borrower or any Trustor default under any loan, extension of credit, security agreement, purchase
<br />or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Trustor's property or
<br />Borrower's or any Trustor's ability to repay the Indebtedness or perform their respective obligations under this Deed of Trust or any of the
<br />Related Documents.
<br />False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Trustor or on Borrowers Or
<br />Trustor's behalf under this Deed of Trust or the Relatetl Documents is false or misleading in any materiel respect, either now or at the time
<br />made or furnished or becomes false or misleading at any time thereafter.
<br />Detective Collate allzatlon. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any
<br />collateral document to create a valid and perfected security interest or lien) at any time and for any reason.
<br />Insolvency. The dissolution or termination of the Trust, the insolvency of Borrower or Trustor, the appointment of a receiver for any pad of
<br />Borrower's or Trustor's properly, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any
<br />proceeding under any bankruptcy or insolvency laws by or against Borrower or Trustor.
<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 Trustor or by any governmental agency against any property securing the
<br />Indebtedness. This includes a garnishment of any Of Bonower's or Trustor's accounts, including deposit accounts, with Lender. However,
<br />this Event of Default shall not apply if there is a good faith dispute by Borrower or Trustor as to the validity or reasonableness of the claim
<br />which is the basis of the creditor or forfeiture proceeding and if Borrower or Trustor gives Lender written nook of the creditor or forfeiture
<br />proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender,
<br />in it sole discretion, as being an adequate reserve or bond for the dispute.
<br />Breach of Other Agreement. Any breach by Borrower or Trustor under the terms of any other agreement between Borrower or Trustor and
<br />Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any
<br />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 respect to any guarantor, endorser, surety, or accommodation party
<br />of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes Or disputes
<br />the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its Option, may, but shall not be
<br />required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to
<br />Lender, and, in doing so, cure any Event of Default.
<br />Adverse Change. A material adverse change occurs in Borrowers or Trustor'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 not made within the time
<br />required by the promissory note evidencing such indebtedness, or a default occurs under the Instrument securing such indebtedness and is
<br />not cured during any applicable grace period in such instrument, or any suit Or other action is commenced to foreclose any existing lien on
<br />the Property.
<br />Right to Cure. If such a failure is curable and if Borrower or Trustor has not been given a notice of a breach of the same provision of this
<br />Deed of Trust within the preceding twelve (12) months, it may be cured (and no Event Of Default will have occurred) if Borrower or Trustor,
<br />after Lender sends written notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) if the cure requires
<br />more than fifteen (15) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and
<br />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 Deed of Trust, at any time thereafter, Trustee or Lender may
<br />exercise any one or more of the following rights and remedies:
<br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby, Lentler
<br />may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and
<br />payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may:
<br />(a) Either in person Or by agent, with or without brnging 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 pad thereof, in its Own name
<br />
|