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<br />loan No: 87694
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<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200708452 '
<br />
<br />Page 6
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<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 Trustor.
<br />
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note
<br />or in any of the Related Documents.
<br />
<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.
<br />
<br />Default in Favor of Third Parties. Should Borrower or any Trustor default under any loan, extension of credit, security agreement,
<br />purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of
<br />Trustor's property or Borrower's or any Trustor's ability to repay the Indebtedness or perform their respective obligations under this
<br />Deed of Trust or any of the Related Documents,
<br />
<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, or made by Guarantor, or any other guarantor, endorser, surety, or accommodation party, under this Deed of Trust or
<br />the Related Documents in connection with the obtaining of the Indebtedness evidenced by the Note or any security document directly
<br />or indirectly securing repayment of the Note is false or misleading in any material respect, either now or at the time made or furnished
<br />or becomes false or misleading at any time thereafter.
<br />
<br />Defective Collateralization. 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 dissolution of Trustor's (regardless of whether election to continue is made), any member withdraws from
<br />the limited liability company, or any other termination of Borrower's or Trustor's existence as a going business or the death of any
<br />member, the insolvency of Borrower or Trustor, the appointment of a receiver for any part of Borrower's or Trustor's property, any
<br />assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy
<br />or insolvency laws by or against Borrower or 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 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 />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 />Chenge in Zoning or Public Restriction. Any change in any <,oning 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 Borrower or Trustor and the failure by Borrower or Trustor to discharge
<br />the same, or cause it to be discharged, or bonded off to Lender's satisfaction, within thirty (30) days from the date of the order,
<br />decree or process under which or pursuant to which such judgment was entered.
<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 />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 Borrower's or Trustor's financial condition, or Lender believes the prospect of
<br />payment or 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,
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