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2ooso~so3 <br />DEED OF TRUST <br />Loan No: 101221399 (COntlnued) Page 5 <br />Documents, and (2) the liens and security interests created by this Deed pf Trust as first and prior liens pn the Property, whether <br />now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall <br />reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. <br />Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name <br />of Trustor and at Trusto's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trusto's attorney-in-fact for <br />the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's <br />sole opinion, tv accomplish the matters referred to in the preceding paragraph. <br />FULL PERFORMANCE. If Trustor pays all the Indebtedness, including without limitation all future advances, when due, and otherwise <br />performs all the obligations imppsed upon Truster under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full <br />reconveyance and shall execute and deliver to Trustor suitable statements pf termination of any financing statement en file evidencing <br />Lender's security interest in the Rents and the Perspnal Property. Any reconveyance fee required by law shall be paid by Truster, if <br />permitted by applicable law. <br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: <br />Payment Default. Trustor fails to make any payment when due under the Indebtedness. <br />Other Defaults. Trustor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed pf <br />Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any <br />other agreement between Lender and Trustor. <br />Compliance Default. Failure tv 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 />Default on Other Payments. Failure of Truster within the time required by this Deed of Trust tp make any payment for taxes or <br />insurance, or any other payment necessary to prevent filing of or to effect discharge pf any lien. <br />False Statements. Any warranty, representation or statement made er furnished tv Lender by Truster yr vn Trusty's behalf under this <br />Deed of Trust or the Related ^ocuments is false or misleading in any material respect, either now pr at the time made yr furnished or <br />becomes false or misleading at any time thereafter. <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 />Insolvency. The dissolution or termination of Trusto's existence as a going business, the insolvency of Trustor, the appointment of a <br />receiver for any part of Trusto's property, any assignment for the benefit of creditors, any type of creditor workout, pr the <br />commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor. <br />Creditor or Forfeiture Proceedings. Commencement of foreclpsure pr forfeiture proceedings, whether by judicial proceeding, self-help, <br />repossession or any other method, by any creditor of Trustor or by any governmental agency against any property securing the <br />Indebtedness. This includes a garnishment of any of Trusto's accounts, including deposit accounts, with Lender. However, this <br />Event of Default shall not apply if there is a good faith dispute by Trustor as to the validity or reasonableness of the claim which is the <br />basis of the creditor or forfeiture proceeding and if Trustor gives Lender written notice of the creditor or forfeiture proceeding and <br />deposits with Lender monies er a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole <br />discretion, as being an adequate reserve or bond far the dispute. <br />Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and Lender that is not <br />remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other <br />obligation pf Trustor to Lender, whether existing new or later. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation <br />party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or <br />revokes yr disputes the validity of, or liability under, any Guaranty of the Indebtedness. <br />Adverse Change. A material adverse change occurs in Trusty's financial condition, or Lender believes the prospect of payment er <br />performance of the Indebtedness is impaired. <br />Insecurity. Lender in good faith believes itself insecure. <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 Peed 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 fifteen (15) days; or 12) if the cure requires mare than <br />fifteen (15) 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 cpmpliance as soon as reasonably <br />practical. <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 any one or mare of the following rights and remedies: <br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby, <br />Lender may declare all Indebtedness secured by this Deed pf 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, Lender may: <br />la) Either in person or by agent, with or without bringing any action or proceeding, yr by a receiver appointed by a court and <br />without regard to the adequacy of its security, enter upon and take possession of the Property, yr any part thereof, in its <br />own name or in the name of Trustee, and do any acts which it deems necessary pr desirable tv preserve the value, <br />marketability or rentability of the Property, or part of the Property or interest in the Property; increase the incpme from the <br />Property or protect the security of the Property; and, with or without taking possession of the Property, sue for or otherwise <br />