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<br />any guarantor of the Note, if any, or the property of any such
<br />guarantor, or the revocation, limitation or termination of the
<br />obligations of any guarantor of the Note, except in accordance
<br />with the express written terms of the instrument of guaranty; or,
<br />if Trustor is a trust or trustee of a trust or a General Partner
<br />of a Limited Partnership, the occurrence of any of the events
<br />enumerated in Sections 2.04 through 2.06 with regard to such
<br />trustee or any owner, or general partner of any owner, of more
<br />than five percent (SW) of the beneficial interests of such trust
<br />or Limited Partnership.
<br />2.08. Transfer of Property. The sale, conveyance, transfer,
<br />disposition, assignment, assumption or further encumbering of the
<br />Property, or any part thereof, or any interest therein, either
<br />voluntarily, involuntarily, or otherwise, or agreement so to do,
<br />without the prior written consent of Beneficiary.
<br />2.09. Liquidation, Termination or Dissolution. The
<br />liquidation, termination or dissolution of the Trustor.
<br />2.10. Default under Loan Documents. Any event occurs which,
<br />under the Note, Loan Agreement, or other Loan Documents (as
<br />defined in the Loan Agreement) constitutes a default by the
<br />Trustor or gives the Beneficiary the right to accelerate the
<br />maturity of any part of the indebtedness secured by this Deed of
<br />Trust.
<br />ARTICLE III
<br />REMEDIES
<br />Upon the occurrence of any Event of Default, Trustee and
<br />Beneficiary shall have the following rights and remedies:
<br />3.01. Acceleration. Beneficiary may declare the entire
<br />principal of the Note then outstanding (if not then due and
<br />payable), and accrued but unpaid interest thereon, to be due and
<br />payable immediately, and, notwithstanding the stated maturity in
<br />the Note or any other term or provision of the Note or this Deed
<br />of Trust to the contrary, the outstanding principal amount of the
<br />Note and the accrued but unpaid interest thereon shall become and
<br />be immediately due and payable.
<br />3.02. Beneficiary Powers. Irrespective of whether
<br />Beneficiary exercises the option provided in Section 3.01 above,
<br />Beneficiary in person or by agent may, without any obligation so
<br />to do and without notice or demand upon Trustor and without
<br />releasing Trustor from any obligation hereunder: (i) make any
<br />payment or do any act which Trustor has failed to make or do;
<br />(ii) enter upon, take possession of, manage and operate the
<br />Property or any part thereof; (iii) make or enforce, or, if the
<br />same be subject to modification or cancellation, modify or cancel
<br />any leases of the Property or any part thereof upon such terms or
<br />conditions as Beneficiary deems proper; (iv) obtain and evict
<br />tenants, and fix or modify rents, make repairs and alterations
<br />and do any acts which Beneficiary deems proper to protect the
<br />security hereof; and (v) with or without taking possession, in
<br />its own name or in the name of Trustor, sue for or otherwise
<br />collect and receive rents, royalties, issues, profits, revenue,
<br />income and other benefits, including those past due and unpaid,
<br />and apply the same less costs and expenses of operation and
<br />collection, including reasonable attorneys' fees, upon any
<br />indebtedness secured hereby, and in such order as Beneficiary may
<br />determine. Upon request of Beneficiary, Trustor shall assemble
<br />and make available to Beneficiary at the Premises any of the
<br />Property which has been removed therefrom. The entering upon and
<br />taking possession of the Property, the collection of any rents,
<br />royalties, issues, profits, revenue, income or other benefits and
<br />the application thereof as aforesaid shall not cure or waive any
<br />default theretofore or thereafter occurring or affect any notice
<br />of default hereunder or invalidate any act done pursuant to any
<br />such notice, and, notwithstanding continuance in possession of
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