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DEED OF TRUST 200205270
<br />Loan Not 8615807130 (Contit•lued} gaga 5
<br />this )ed of Trusr ar in any of the Related Docunceras or to comply with or to perform any term, obligation, covenant or condition
<br />coptoirscd in any other n; Teem nt between Lender and Borrower or Trustor.
<br />Default Under the Guaranty Failure by Trustor to comply with a,iy term, obligation, covenant or condition contained in the Guaranty.
<br />Compliance Default. Fallen; icy comply with any other term, obtigotton, covenant or condition contained in this Deed of Trust, the Note
<br />or in any of the Related nocurnents. If such a failure is curable and if Borrower or Trustor has not beer, given a notice of a breach of
<br />the same prevision of this Dead of Trust with:.n the preceding twelve 0 2) months, it may be cured land no Event of Default will have
<br />occurred) it Borrower or Trustor, after Lertdt!r sends written n_snce demanding cure 01 ouch t3ilUPP,' (a) cures the failure within fifteen
<br />(15) days; or h' if tl,.e cure, requires rnoro than fifteen 4151 days, irnmeoiately initiates steps sufficient to cure the faiture and
<br />thereafter con ;inue_s and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably
<br />practical.
<br />Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any pa%,,,tent for taxes or
<br />insurance, or any other payment necassnry to prevent filing of or to effect discharge of any lien,
<br />Default in Favor of Third Partios. Should Harrower or any Trustor dr3fault under any loan, extension of credit, security agreement,
<br />Purchase or Sales 3greea1wnt, or ;arty uthor agreement, in fi,vor 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 />Ceed of trust or a,ny of the fie ":toed Documents.
<br />False Statements. Any warranty, reprusentat on or statement made or furnished to Lender by Borrower or Truster or on Borrower's or
<br />Trustor's behalf under this Deed of Trusr or the Related Documents is false Or misleading in any material respect, either now or at the
<br />time made or furnist'icd o,- becomes ".:apse or misleading at any time ;hereafter,
<br />Defective coll._tetalization, phis oi.ed of Trust or any of the Relate—i Documents ceases to be in full force and effect lincluding failure
<br />of any collateral document to create; a valid and perfected security interest or lien) at any time and for any reason.
<br />Death or Ir, scivcncy. The d issolution cr termination of Borrower's or Trustor's existence as a going business, the insolvency of
<br />Gorro'.ti,er o,- Trustcr, the Fappointn-,�_nt of a receiver for anv part of Borrower's or Trustor's property, any assignment for the benefit of
<br />creditors, any tvp , of creditor vvorkout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or
<br />against Borrower or Trustor,
<br />Creditor or Forfeiture Proceedings. Cornmencement of foredo ure or forfeiture proceedings, whether by judicial proceeding, self -help,
<br />repossessior-, er any other method, by any creditor of Borrower or Trustor or by any governmental agency against any property
<br />securing the t:)dcb,r,d;)ess. This includes a garnishment of any of Borrower's or Trustor's accounts, including deposit accounts, with
<br />Lender. Hcwever, this Event of Dnfat.;lt shall not apply if there is a good faith dispute , Borrower or Trustor as to the validity or
<br />reasonableness of the claim wvhich is the basis of the creditor ar forfeiture proceeding ana if Borrower or Trustor gives tender written
<br />notice of the creditor or forfeiture proceeding and deposits with Lender inOnies or a surety bond for the creditor or forfeiture
<br />prcc<,eding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute.
<br />Breach of Othor Agreement. Any breach by Borrower ar Trustor under the terms of any other agreement between Borrower or
<br />Trustor and ._ender the; is not n:ar,;.,died within any graces period provided therein, including without limitation any agreement
<br />concc,rnin , any ind- btodness or other .)hliganon of (Borrower or Trustor to Lerlder, whether existing now or later.
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebted„ ass or any
<br />Guarantor dies or bacornes incompetent, or revokers Or disputes the validity of, of liability under, any Guaranty of the Indebtedness.
<br />Adverse Change. A material adverse change occurs in Borrower's or Trustor's linancia4 condition, or mender believes the prospect of
<br />paymorit or performance of the indebtedness is impaired.
<br />Insecurity. Ltindicr in good faith believes its if insecure.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Doed of Trust, at any time thereafter, Trustee or tender
<br />may exr.rc,_ -ra any oar, or mart» of the following Tights and remedies:
<br />Acceteraticrt Upon Default. Additional Remedios. If any Event of Default occurs as per the terms of the Note secured hereby,
<br />Leander may declare 311 Indebtedness secuted 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, tender may:
<br />(a) Either in person or by agent, with or withor:, bringing any action or proceeding, or by a receiver appointed by a court and
<br />without regarJ 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 rnicessary or desirable to preserve the value,
<br />markeiabilky or rentability of the Property, or part of the Property or interest in the Property; increase the income tram 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 Dead of Trust, all in such order as
<br />Lender may determine. The entering upon and taking possession of the Property, the collection of rich 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;
<br />ibl Cornmence an action to forerJose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the
<br />covenants, hereof; and
<br />Ire,) Denver to Trustee a written declaration of default and demand for sale and a written notice of default and election to
<br />caus4 Trustor's interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the
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