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DEED OF TRUST 2 Q i Q Q 3~~ i <br />Laan Na: 101231074 (Continued) Page 5 <br />FURTWER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of <br />this Deed of Trust: <br />Further Assurances. At any time, and from time to time, upon request of Lender, 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, recorded, <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 hecessary or desirable in order tp <br />effectuate, complete, perfect, continue, or preserve 11- Trustor's obligations under the Npte, this Deed of Trust, and the Related <br />Documents, and 12- the liens and security interests created by this Daed of Trust as first and prier liens nn 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 Truster and at Trustpr'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 Trustor pays all the Indebtedness, including without limitation all future advances, when due, and otherwise <br />performs all the obligations imposed upon Trustor 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 of termination of any financing statement on file evidencing <br />Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, 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. Truster fails to comply with pr to perform any ether term, obligation, covenant or condition contained in this Deed of <br />Trust or in any pf 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 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 Trustor or on Trustor's behalf under this <br />Deed of Trust or the Related Documents is false or misleading in any material respect, either nnw pr at the time made or furnished or <br />becomes false or misleading at any time thereafter. <br />Defective Callateralization. This Deed of Trust or any pf 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 Truster, the insolvency of Trustor, the appointment of a receiver far any part of Trustor's property, <br />any assignment for the benefit of creditors, any type pf creditor workout, or the commencement of any proceeding under any <br />bankruptcy pr insolvency laws by nr against Truster. <br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, <br />repossession or any other method, by any creditor of Trustor pr by any governmental agency against any property securing the <br />Indebtedness. This includes a garnishment of any pf Trustor'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 tp 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 or 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 pr 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, pr accommodation <br />party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies ar becomes incompetent, pr <br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. <br />Adverse Change. A material adverse change occurs in Trustor's financial condition, or Lender believes the prospect of payment ar <br />performance of the Indebtedness is impaired. <br />Insecurity. Lender in geed 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 Deed of Trust within the preceding twelve 11 ~- months, it may be cured it Trustor, after Lender sends written <br />notice to Trustor demanding cure of such default: (1) cures the default within fifteen (15) days; nr (2) if the cure requires more 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 compliance 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 />