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<br />Loan No: 87124 <br /> <br />DEED OF TRUST <br />(Continued) <br /> <br />200607246 <br /> <br />Page 6 <br /> <br />Trustor's ability to repay the Indebtedness or perform their respective obligations under this Deed of Trust or any of the Related <br />Documents. <br /> <br />False Statements. Any warranty, representation or statement made or furnished to Lender by Trustor or on Trustor's behalf, or made <br />by Guarantor, or any other guarantor, endorser, surety, or accommodation party, under this Deed of Trust or the Related Documents <br />in connection with the obtaining of the Indebtedness evidenced by the Note or any security document directly or indirectly securing <br />repayment of the Note is false or misleading in any material respect, either now or at the time made or furnished or becomes false or <br />misleading at any time thereafter. <br /> <br />Defective Collateralizatlon. 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 create a valid and perfected security interest or lien) at any time and for any reason. <br /> <br />Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of Trustor's property, <br />any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any <br />bankruptcy or insolvency laws by or against Trustor. <br /> <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 Trustor or by any governmental agency against any property securing the <br />Indebtedness. This includes a garnishment of any of Trustor's accounts, including deposit accounts, with Lender. However, this <br />Event of Default shall not apply if there is a good faith dispute by Trustor as to the validity or reasonableness of the claim which is the <br />basis of the creditor or forfeiture proceeding and if Trustor gives Lender written notice of the creditor or forfeiture proceeding and <br />deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole <br />discretion, as being an adequate reserve or bond for the dispute. <br /> <br />Execution; Attachment. Any execution or attachment is levied against the Property, and such execution or attachment is not set <br />aside, discharged or stayed within thirty (30) days after the same is levied. <br /> <br />Change in Zoning or Public Restriction. Any change in any zoning ordinance or regulation or any other public restriction is enacted, <br />adopted or implemented, that limits or defines the uses which may be made of the Property such that the present or intended use of <br />the Property, as specified in the Related Documents, would be in violation of such zoning ordinance or regulation or public restriction, <br />as changed. <br /> <br />Default Under Other Lien Documents. A default occurs under any other mortgage, deed of trust or security agreement covering all or <br />any portion of the Property. <br /> <br />Judgment. Unless adequately covered by insurance in the opinion of Lender, the entry of a final judgment for the payment of money <br />involving more than ten thousand dollars ($10,000.00) against Trustor and the failure by Trustor to discharge the same, or cause it to <br />be discharged, or bonded off to Lender's satisfaction, within thirty (30) days from the date of the order, decree or process under <br />which or pursuant to which such judgment was entered. <br /> <br />Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and Lender that is not <br />remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other <br />obligation of Trustor to Lender, whether existing now or later. <br /> <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor, or any other guarantor, endorser, <br />surety, or accommodation party of any of the Indebtedness or any Guarantor, or any other guarantor, endorser, surety, or <br />accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the <br />Indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to <br />assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event <br />of Default. <br /> <br />Adverse Change. A material adverse change occurs in Trustor's financial condition, or Lender believes the prospect of payment or <br />performance of the Indebtedness is impaired. <br /> <br />Insecurity. Lender in good faith believes itself insecure. <br /> <br />Right to Cure. If any default, other than a default in payment is curable and if Trustor has not been given a notice of a breach of the <br />same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if Trustor, after receiving written notice <br />from Lender demanding cure of such default: (1) cures the default within twenty (20) days; or (2) if the cure requires more than <br />twenty (20) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and <br />thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably <br />practical. <br /> <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender <br />may exercise anyone or more of the following rights and remedies: <br /> <br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby, <br />Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become <br />due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may: <br /> <br />(a) Either in person or by agent, with or without bringing 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 part thereof, in its <br />own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, <br />marketability or rentability of the Property, or part of the 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 otherwise <br />collect the rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less costs and <br />expenses of operation and collection attorneys' fees, to any indebtedness secured by this Deed of Trust, all in such order as <br />Lender may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and <br />profits, and the application thereof shall not cure or waive any default or notice of default under this Deed of Trust or <br />