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DEi:D O~ TRUST <br />Laart No: 10122$53 (Continued) 2~ ~ ~ ~ ~ 9 7~ Page 5 <br />this Deed of Trust: <br />Further Assurances. At any time, and from time to time, upon request of Lander, Trustor will make, execute and deliver, or will cause <br />to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, retarded, <br />refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all <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 ar desirable in order to <br />effectuate, complete, perfect, continue, or preserve (1) Borrower's and Trustor's obligations under the Note, this Deed of Trust, and <br />the Related Documents, and 121 the liens and security interests created by this Deed of Trust as first and prior liens on the Property, <br />whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor <br />shall reimburse Lender for all coats and expenses incurred in connection with the matters referred to in this paragraph. <br />Attorn®y-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 Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor'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, to accomplish the matters referred to in the preceding paragraph. <br />FULL PERFORMANCE. If Borrower and Trustor pay all the Indebtedness when due, and Trustor otherwise performs all the obligations <br />imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall <br />execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's security interest in <br />the Rents and the Personal Property. Any reconveyance fee. required by law shall be paid by Trustor, if 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 Defauh. Borrower fails to make any payment when due under the Indebtedness. <br />Other Defauks. Borrower or Trustor fails to comply with or to perform any other term, obligation, covenant or condition contained in <br />this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition <br />contained in any other agreement between Lender and Borrower or Trustor. <br />Compliance Default. Failure to 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 Trustor within the time required by this Deed of Trust to make any payment for taxes or <br />insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. <br />False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Trustor or on Borrower's or <br />Trustor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the <br />time made or furnished or 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 />Death or Insolvency. The dissolution of Trustor's (regardless of whether election to continuo is made, any member withdraws from <br />the limited liability company, or any other termination of Borrower's or Trustor's existence as a going business ar the death of any <br />member, the insolvency of Borrower ar Trustor, the appointment of a receiver for any part of Borrower's or Trustor's property, any <br />assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy <br />or insolvency laws by ar against Borrower or Trustor. <br />Creditor or Forfeituro Proceedings. Commencement of foreclosure or forfeiture proceedings,' whether by Judicial proceeding, self-help, <br />repossession or any other method, by any creditor of Borrower or Trustor or by any governmental agency against any property <br />securing the Indebtedness. This includes a garnishment of any of Borrower's or Trustor's accounts, including deposit accounts, with <br />Lender, Howevor, this Event of Default shall not apply if there is a good faith dispute by Borrower or Trustor as to the validity ar <br />reaspnableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower or Trustor gives Lender written <br />notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture <br />proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. <br />Breach of Other Agreement. Any breach by Borrower or Trustor under the terms of any other agreement between Borrower pr <br />Trustor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement <br />concerning any indebtedness ar 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, or accommodation <br />party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or <br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. <br />Adverse Change. A material adverse change occurs in Borrower's or Trustor's financial condition, or Lender believes the prospect of <br />payment or performance of the Indebtedness is impaired. <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, or 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 of this Deed of Trust within the preceding twelve 1121 months, it may be cured if Trustor, after Lender sends written <br />notice to Borrower demanding cure of such default: (1) Lures the default within fifteen (15) days; ar (2) if the cure requires more <br />than fifteen (15) days, immediately initiates steps which Lender deems in Lender's solo discretion to be sufficient to cure the default <br />and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably <br />