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<br />Loan No: 000000001 S <br />DEED OF TRUST <br />(Continued) <br /> <br />2U1U~43~2 Pages <br />request for full reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement nn file <br />evidencing Lender's security interest in the Rents and the Personal Prnperty. Any reconveyance fee required by law shall be paid by <br />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 Default. Harrower fails to make any payment when due under the Indebtedness. <br />Other Defaults. Borrower nr Trustor fails to cnmply 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 />aantained in any other agreement between Lender and Harrower 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 Dead 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 />Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained <br />in any environmental agreement executed in connectign with the Property. <br />Default in Favor of Third Parties. Should Harrower or any Grantor default under any loan, extension of credit, security agreement, <br />purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of <br />Borrower's or any Grantor's property or Harrnwar's ability to repay the Indabtadnass or Borrower's or Grantor's ability to perform their <br />respective obligations under this Deed of Trust or any of the Related Documents. <br />False Statements. Any warranty, representation or statement made nr furnished to Lender by Borrower or Trustor ar 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 farce 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 or termination of the Trust, the insolvency of Borrower or Trustor, the appointment of a receiver <br />for any 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 or insolvency laws by or against Borrower or Trustor. <br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forteiture 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 ar Trustor's accounts, including deposit accounts, with <br />Lender. However, this Event of pafault shall not apply if there is a good faith dispute by borrower or Trustor as to the validity or <br />reasonableness of the claim which is the basis of the creditor or forteiture proceeding and if Horrower 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 6y Lender, in its sole discretion, as being an adequate reserve ar band far the dispute. <br />Breach of Other Agreement. Any breach by Horrower or Trustor under the terms of any other agreement between borrower or <br />Trustor and Lander that is net 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 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 nr any guarantor, endorser, surety, or accommodation party dies nr 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, nr Lander believes the prospect of <br />payment or pertormance of the Indebtedness is impaired. <br />Insecurity. Lender in good faith believes itself insecure. <br />f21GHT5 AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any lima thereafter, Trustee or Lender <br />may exercise any one or more 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 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 />(a) Either in parson 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 name or in the name of Trustee, and do any eats which it deems necessary ar desirable to preserve the value, <br />marketability ar rentability of the Property, or part of the Property or interest in the Property; increase the income from the <br />Property ar protect the security of the Property; and, with or without taking possession of the Property, sue for or otherwise <br />collect the rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less casts and <br />expenses of operation and collection attorneys' fees, to any indebtedness secured by this Deed of Trust, all in such order as <br />Lender may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and <br />profits, and the application thereof shall not cure or waive any default or notice of default under this Deed of Trust or <br />invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the <br />continuance in possession of the Property or the collection, receipt and application of rents, issues or profits, Trustee or <br />Lender shall be entitled to exercise every right provided far in the Note or the Related Documents or by law upon the <br />occurrence of any event of default, including the right to exercise the power of sale; <br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the <br />