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1984
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84005508
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Last modified
11/20/2008 10:05:31 PM
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11/20/2008 10:05:29 PM
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DEEDS
Inst Number
84005508
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<br />84- 005508 <br /> <br />r <br /> <br />written notice of labor commenced or material furnished or contracted to be <br />commenced or furnished on the Property which is junior to this Deed of Tl'ust <br />until the Trustor has caused in writing such mortgage. deed of trust. lien. <br />claim or contract to be cancelled.. released Or subordinated- to this Deed- of <br />Trust. <br /> <br />ARTICLE II <br /> <br />EVENTS OF DEFAULT <br /> <br />The following shall constitute events of default ("Events of Default") <br />hereunder: <br /> <br />2.01. Payment of Interest and Principal. The failure to make. any <br />payment of interest or rent. issue or profit on any Note. or to make allY <br />payment of an installment of principal. when and as the same shall become <br />due and payable, or the failure to make any other payments required under <br />any Note, when and as the same shall become due and payable. whether at <br />maturity or by acceleration or as part of any prepayment or otherwise. in <br />each 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 required. by <br />Sections 1. 04 and 1. 05(a) to be paid, or the failure to make the deposits <br />required by Section 1.05(b). <br /> <br />2.02. ObligationE'. Govenao . Agreements and ,Note. A default by <br />Trustor in the due, prompt and complete observance and performance of any <br />obligation, covenant and agreement contained in Sections 1. 02, 1. 03, 1. 04 or <br />1.05 and the continuation of the default for a period of ten (10) days after <br />written notice thereof from Beneficiary to Trustor. <br /> <br />2.03. Other Obligations. A default by Trustor in the due. prompt and <br />complete observance and performance of any obligation. covenant and agree- <br />ment contained in the Construction Loan Agreement, Note. Loan Documents <br />(as defined in the Construction Loan Agreement) or in this Deed of Trust but <br />not specified in Sections 2.01 or 2.02, and the continuation of the default for <br />a period of thirty (30) days after written notice thereof from Beneficiary to <br />Trustor. <br /> <br />2.04. Appointments. The aooointment oursuant to an order of a court <br />of competent Jurisdiction of a trustee, receiv;r or liquidator of Trustor or of <br />the Property or any part thereof. <br /> <br />2.05. Bankruptcy by Trustor. The filing by Trustor of a petition in <br />bankruptcy or a petition for an arrangement or a reorganization pursuant to <br />the Federal Bankruptcy Code or any similar law, federal or state. or the <br />adjudication of Trustor as a bankrupt or as insolvent by decree of a court of <br />competent jurisdiction, or the making of an assignment for the benefit of <br />creditors. or the admission by Trustor in writing of its inability to pay its <br />debts generally as they become due, or the giving of consent by Trustor to <br />the appointment of a receiver or receivers of all or any part of its property. <br /> <br />2.06. Bankruptcy by Creditors. The filing by any of the creditors of <br />Trustor of a petitIon in bankruptcy against Trustor or a petition for re- <br />organization of Trustor pursuant to the Federal Bankruptcy Code or any <br />simila:!.' law, federal or state, and the same is not discharged within sixty (60) <br />days after the date of filing thereof. <br /> <br />2.07. Guarantor Actions. The occurrence of any of the events en- <br />umerated in Sections 2.04 through 2.06 with regard to any guarantor of the <br />Note. if any, or the property of any such guarantor, or the revocation, <br />limitation or termination of the obligations of any guarantor of the Note. <br />except in accordance with the express written terms of the instrument of <br />guaranty; or. 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 enumerated in <br />Sections 2.04 through 2.06 with regard to such trustee or any owner, or <br />general partner of any owner, of more than five percent (5%) of the beneficial <br />interests of such trust or Limited Partnership. <br /> <br />-11-. <br />
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