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<br />Loan No: 99893
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<br />DEED OF TRUST
<br />{Continued}
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<br />200708313
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<br />0\1)
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<br />Page 4
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<br />Payment Default. Borrower fails to make any payment c.a) \+h ," 5clo."Il u. 'i p.., If\e"-:"~
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<br />Other Defaults. Borrower or Trustor fails to comply with or to perform any other term, obligation, covenant 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 '1-+
<br />contained in any other agreement between Lender and Borrower or Trustor,,",'\io\l)'''' .. IO~ f\O+k:.e. GlonO oe n. 0
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<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of T., ote u.tC
<br />or in any of the Related Documents. OQ
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<br />Default on Other Payments. Failure of Trustor 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 effect discharge of any lien.
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<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 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.
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<br />B..r~..l:.<. EiG.Ilf1tarfllir:f1tifll'l. Ti'lis Deel!! at Tfl:lflt fir !!I'lY 131 ti'le Reletas l)aSI:jR'leAta aaoaaa ta I;!a iA full farea aAs auJi;/~il'llj failYF8 O\..c)
<br />\..If WI' ....vllul.....ul d...........uI I....llt to ertL\tt c v8li~ 6n8 p!srf88taH 888l:i1rit, iAter88t er liaR) at iR" tiFRi Q~9 fg" P"',' "~P'['~".
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<br />Insolvency. The dissolution or termination of Borrower's or Trustor's existence as a going business, the insolvency of Borrower or
<br />Trustor, the appointment of a receiver for any part of Borrower's or Trustor's property, any assignment for the benefit of creditors,
<br />any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against
<br />Borrower or Trustor.
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<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
<br />securing the Indebtedness. This includes a garnishment of any of Borrower's or Trustor's accounts, including deposit accounts, with
<br />Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Trustor as to the validity or
<br />reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower or Trustor gives Lender written
<br />notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture
<br />proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute.
<br />
<br />Breach of Other Agreement. Any breach by Borrower or Trustor under the terms of any other agreement between Borrower or
<br />Trustor 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 />
<br />o Events Affecting Guar(lntpr., Anyof thE\ pr~.ce?inlle.vents qcqur~ wi~h, respe,ct ~o ~ny guarantor,' endorser, surety, or accommodat~ pW
<br />party of any of the Indebtedness or any guarantor, endorser, surety, or accommodatiOn 'party Ilifl!! sr In um8e iA811~pataAt, or ~~
<br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. 'J
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<br />~~:::: ~~::~~ .: ::t:~:el :.a~:;:: ::::~: :a::: i:~8rr8W!!r'a fir Trl:latflr'a fiMMiel 8eflllitial'l, 81 Lel,l!lel bcli~.~3 tl,~ plo3p~..1 vf~
<br />t-'I;JYIIICII'l \..II p,-"f~""UI'':''':' ~f tl,'fl IrH':lel9teE.4Aes8 is ifFlJ38ir9U. ~ ~
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<br />1I.51lIltllit,. Leflaer 11'1 lj99lil fyit~ hnl:n".:u> ;.o>olf ino>o"'"'o~ Ow OW
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<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:
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<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:
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<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 permissible fees, to any indebtedness secured by this Deed of Trust. all in such order
<br />as 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 />invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the
<br />continuance in possession of the Property or the collection, receipt and application of rents, issues or profits, Trustee or
<br />Lender shall be entitled to exercise every right provided for in the Note or the Related Documents or by law upon the
<br />occurrence of any event of default, including the right to exercise the power of sale;
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<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the
<br />covenants hereof; and
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<br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to
<br />cause Trustor's interest in the Property to be sold, which notice Tru;tee shall cause to be duly filed for record in the
<br />appropriate offices of the County in which the Property is located; and
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<br />, (ell. Will. I cllpeet t5 511 5r IlFl, "ert af ti'le Pereflfllll Pre"erty, LeAser alolalllola'Je ell tRe riljRta al'la rall'1alliaB I1f a Glla'lrll" 1I11~ ~
<br />~ l!II,.!CI tl.e Plelmlalle I"JAifer~ Ca_arei!!1 Ce~e, D",-> .
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<br />~eclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender sh~1I notify
<br />Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and
<br />secured by this Deed of Trust as Trustee may require.
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<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such
<br />Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on
<br />Trustor, after such time as may then be required by law and after recordation of such Notice of Default and after Notice of
<br />Sale having been given as required by law, sell the Property at the time and' place 01' sale 'fixed by it ih slIch Notice of Sale,
<br />either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may
<br />determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale.
<br />Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so
<br />sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be
<br />conclusive proof of the truthfulnes:; thereof. Any person, including without limitation Trustor, Trustee, or Lender, may
<br />purchase at such sale.
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<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of
<br />evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expended under
<br />the terms of this Deed of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest
<br />and late charges, (ii) all other sums then secured hereby, and (Iii) the remainder, if any, to the person or persons legally
<br />entitled thereto.
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<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
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<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any
<br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the
<br />Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding,
<br />some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,
<br />whether by court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any
<br />manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it
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