200603080
<br />(c) if Borrower fails to repay any sum owed to Lender or its successor or assignee under the terms of any
<br />other Security Instrument, promissory note or other loan document in connection with any other loan; provided that such
<br />failure to repay shall constitute an Event of Default hereunder only if the person or entity to which payment is owed under
<br />such other Security Instrument, promissory note or other loan document is the holder of the Note;
<br />(d) if the Policies are not kept in full force and effect, or if the Policies are not delivered to Lender as
<br />provided in Section 3.3;
<br />(e) if Borrower violates or does not comply with any of the provisions of Article 8;
<br />(f) if any representation or warranty of Borrower, any Indemnitor or any person guaranteeing payment
<br />of the Debt or array portion thereof or performance by Borrower of any of the terms of this Security Instrument (a
<br />"Guarantor "), or any member, general partner, principal or beneficial owner of any of the foregoing, made herein or in
<br />any guaranty, or in any certificate, report, financial statement or other instrument or document furnished to Lender shall
<br />have been false or misleading in any material respect when made;
<br />(g) if (i) Borrower or any managing member or general partner of Borrower, or any Guarantor or
<br />Indemnitor shall commence any case, proceeding or other action (A) under any existing or future law of any jurisdiction,
<br />domestic or foreign, relating to bankruptcy, insolvency, reorganization, conservatorship, arrangement, adjustment,
<br />winding -up, liquidation, dissolution, composition or other relief with respect to its debts or debtors ( "Creditors Rights
<br />Laws "), seeking to have an order for relief entered with respect to it, or seeking to adjudicate it a bankrupt or insolvent, or
<br />seeking reorganization, or (B) seeking appointment of a receiver, trustee, custodian, conservator or other similar official
<br />for it or for all or any substantial part of its assets, or the Borrower or any managing member or general partner of
<br />Borrower, or any Guarantor or Indemnitor shall make a general assignment for the benefit of its creditors; or (ii) there
<br />shall be commenced against Borrower or any managing member or general partner of Borrower or any Guarantor or
<br />Indemnitor any case, proceeding or other action of a nature referred to in clause (i) above which (A) results in the entry of
<br />an order for relief or any such adjudication or appointment or (.B) remains undismissed, undischarged or unbonded for a
<br />period of sixty (60) days; or (iii) there shall be commenced against the Borrower or any managing member or general
<br />partner of Borrower, or ally Guarantor or Indemnitor any case, proceeding or other action seeking issuance of a warrant of
<br />attachment, execution, distraint or similar process against all or any substantial part of its assets which results in the entry
<br />of any order for any such relief' which shall not have been vacated, discharged, or stayed or bonded pending appeal within
<br />sixty (60) days from the entry thereof; or (iv) the Borrower or any managing member or general partner of Borrower or
<br />any Guarantor or Indemnitor shall take any action in furtherance of, or indicating its consent to, approval of, or
<br />acquiescence in, any of the acts set forth in clause (i), (ii), or (iii) above; or (v) the Borrower or any managing member or
<br />general partner of Borrower, or any Guarantor or Indemnitor shall generally not, or shall be unable to, or shall admit in
<br />writing its inability to, pay its debts as they become due;
<br />(h) if' Borrower shall be in default beyond applicable notice and grace periods under any other deed of
<br />trust, mortgage, deed to secure debt or other security agreement covering any part of the Property whether it be superior
<br />or junior in lien to this Security Instrument;
<br />W if the Property becomes subject to any mechanic's, materialman's or other lien other than a lien for
<br />any Taxes not then due and payable and the hen shall remain undischarged of record (by payment, bonding or otherwise)
<br />for a period of thirty (30) (lays;
<br />0) if any federal tax lien is filed against Borrower, any member or general partner of Borrower, any
<br />Guarantor, any Indemnitor or the Property and same is not discharged of record within thirty (30) days after same is filed;
<br />(k) if any default occurs under any guaranty or indemnity executed in connection herewith, and such
<br />default continues after the expiration of applicable grace periods, if any; or
<br />(1) if for more than tell (10) days after notice from Lender, Borrower shall continue to be in default
<br />under any other term, covenant or condition of the Note, this Security Instrument or the Other Security Documents in the
<br />case of any default which can be cured by the payment of a sum of money or for thirty (30) days after notice from Lender
<br />in the case of ally other default, provided that if such default cannot reasonably be cured within such thirty (30) day
<br />period and Borrower shall have commenced to cure such default within such thirty (30) day period and thereafter
<br />diligently and expeditiously proceeds to cure the same, such thirty (30) day period shall be extended for so long as it shall
<br />require Borrower in the exercise of due diligence to cure h default, it Xng agreed that no such extension shall be for a
<br />
|