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86107516
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10/18/2011 10:52:21 PM
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3/31/2008 3:51:09 PM
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DEEDS
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86107516
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86- 107510- <br />that Trustor shall fail to procure or maintain insurance or to <br />pay taxes, assessments, or any other charges or to make any <br />payments to any existing prior lien holders or benefi =iaries, <br />Beneficiary may procure such insurance and make such payment. <br />Any amounts disbursed by Beneficiary pursuant to this Section <br />1.16 shall become additional indebtedness of Trustor secured by <br />this Deed of Trust. Such amounts shall be payable upon notice <br />from Beneficiary to Trustor requesting payment thereof, and shall <br />bear interest at the Default Rate. Nothing contained in this <br />Section 1.16 shall require Beneficiary to incur any expense or <br />take any action hereunder. <br />ARTICLE II <br />EVENTS OF DEFAULT <br />The following shall constitute events of default ( "Events of <br />Default ") hereunder: <br />2.01. Payment of Interest and Principal. The failure to <br />make any payment of interest or rent, issue or profit on any <br />Note, or to make any payment of an installment of principal, when <br />and as the same shall become due and payable, or the failure to <br />make any other payments required under any Note, when and as the <br />same shall become due and payable, whether at maturity or by <br />acceleration or as part of any prepayment or otherwise, in each <br />case, as is provided in any Note and in this Deed of Trust or the <br />failure to make the payment of any insurance premium or tax <br />required by Sections 1.04 and 1.05(a) to be paid, or the failure <br />to make the deposits required by Section 1.05(b). <br />2.02. Obligations, Covenants, Agreements and Note. A <br />default by Trustor in the due, prompt and complete observance and <br />performance of any obligation, covenant and agreement contained <br />in Sections 1.02, 1.03, 1.04 or 1.05 and the continuation of the <br />default for a period of ten (10) days after written notice <br />thereof from Beneficiary to Trustor. <br />2.03. Other Obligations. A default by Trustor in the due, <br />prompt and complete observance and performance of any obligation, <br />covenant and agreement contained in the Construction Loan <br />Agreement, Note, Loan Documents (as defined in the Construction <br />Loan Agreement) or in this Deed of Trust but not specified in <br />Sections 2.01 or 2.02, and the continuation of the default for a <br />period of thirty (30) days after written notice thereof from <br />Beneficiary to Trustor. <br />2.04. Appointments. The appointment pursuant to an order of <br />a court of competent jurisdiction of a trustee, receiver or <br />liquidator of Trustor or of the Property or any part thereof. <br />2.05. Bankruptcy by Trustor. The filing by Trustor of a <br />petition in bankruptcy or a petition for an arrangement or a <br />reorganization pursuant to the Federal Bankruptcy Code or any <br />similar law, federal or state, or the adjudication of Trustor as <br />a bankrupt or as insolvent by decree of a court of competent <br />jurisdiction, or the making of an assignment for the benefit of <br />creditors, or the admission by Trustor in writing of its <br />inability to pay its debts generally as they become due, or the <br />giving of consent by Trustor to the appointment of a receiver or <br />receivers of all or any part of its property. <br />2.06. Bankruptcy by Creditors. The filing by any of the <br />creditors of Trustor of a petition in bankruptcy against Trustor <br />or a petition for reorganization of Trustor pursuant to the <br />Federal Bankruptcy Code or any similar law, federal or state, and <br />the same is not discharged within sixty (60) days after the date <br />of filing thereof. <br />2.07. Guarantor Actions. The occurrence of any of the <br />events enumerated -io Sections 2.04 through 2.06 with regard to <br />-! 1- <br />
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