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DEED OF TRUST 2 O~ 9 O s 2~~ Pa <br />Loan No: 90922329$ (Corttinuedl ge 5 <br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation .statements, instruments of <br />further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to <br />effectuate, complete, perfect, continue, or preserve (1) Borrower's and Trustpr's obligations under the Note, this Deed of Trust, and <br />the Related Documents, and (21 the liens and security interests created by this Deed of Trust on the Property, whether now owned <br />or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender <br />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 />pf Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustpr's attorney-in-fact far <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, to accomplish the matters referred to in the preceding paragraph. <br />FULL PERFORMANCE. If Borrnwer and Truster pay all the Indebtedness, including without limitation all future advances, when due, and <br />Trustor otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a <br />request for full reconveyance and shall execute and deliver to Truster suitable statements of termination of any financing statement on file <br />evidencing Lender's security interest in the Rents and the Personal Property. Any recpnveyance fee required by law shall be paid by <br />Trustor, if permitted by applicable law. <br />EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following happen: <br />Payment Default. Borrower fails to make any payment when due under the Indebtedness. <br />Break Other Promises. Borrower or Trustor breaks any promise made to Lender pr fails to perform promptly at the time and strictly in <br />the manner provided in this Deed of Trust pr in any agreement related tb this Deed of Trust. <br />Compliance Default. Failure to comply with any ether term, obligation, covenant or condition contained in this Deed of Trust, the Nate <br />or in any of the Related Documents. <br />Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust tp make any payment for taxes or <br />insurance, or any other payment necessary tp prevent filing of or to effect discharge of any lien. <br />False Statements. Any representation or statement made or furnished to Lender by Borrower or Trustor or on Borrower's or Trustor's <br />behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time <br />made pr furnished. <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 pr lien) at any time and for any reason. <br />Death or Insolvency. The death of Borrower or Trustor, the insolvency of Borrower or Trustor, the appointment of a receiver for any <br />part of Borrower's or Trustor's property, any assignment for the benefit of creditors, any type of creditor workout, or the <br />commencement of any proceeding under any bankruptcy pr insolvency laws by or against Borrower or Trustor. <br />Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Borrower's or Trustor's <br />property in which Lender has a lien. This includes taking of, garnishing of or levying on Borrower's or Trustpr's accounts with Lender. <br />However, if Borrower or Trustor disputes in good faith whether the claim on which the taking of the Property is based is valid or <br />reasonable, and if Borrower or Trustor gives Lender written notice of the claim and furnishes Lender with monies or a surety bond <br />satisfactory to Lender to satisfy the claim, then this default prevision will not apply. <br />Breach of Other Agreement. Any breach by Borrower or Trustor under the terms of any other agreement between Borrower or <br />Trustor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement <br />concerning any indebtedness or other obligation of Borrower or Trustor to Lender, whether existing now or later. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, nr accommodation <br />party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, pr <br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. <br />Insecurity. Lender in good faith believes itself insecure. <br />Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is not made within the <br />time required by the promissory note evidencing such indebtedness, pr a default occurs under the instrument securing such <br />indebtedness and is not cured during any applicable grace period in such instrument, or any suit or other action is commenced to <br />foreclose any existing lien on the Property. <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 pf this Deed of Trust within the preceding twelve (12) months, it may be cured if Truster, after Lender sends written <br />notice to Borrower demanding cure pf such default: 111 cures the default within ten (10) days; or (2- if the cure requires mare than <br />ten 1101 days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient tp cure the default and <br />thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably <br />practical. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event pf Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender <br />may exorcise any one or more of the following rights and remedies: <br />Acceleration Upon Default; Additional Remedies. If any Event pf pefault occurs as per the terms of the Note secured hereby, <br />Lender may declare all Indebtedness secured 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, Lender may: <br />lal Either in person or by agent, with or without bringing any action or proceeding, or 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, or any part thereof, in its <br />own Hama or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, <br />