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'�' � DEED OF TRUST 2 O 10 0'7 r 8 9 <br />Loan No. 101234731 (COrltirlu�d) Page 5 <br />Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whethar <br />now owned or hereaiter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustqr shall <br />reimburse Lendar for all casts and expenses incurred in connection with the matters referred to in this paragraph. <br />Attorney-in-Fact. If Trustar fails to da 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, 7rustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for <br />the purpose of making, execu[ing, delivering, filing, recording, and doing all pther things as may be necessary or desirable, in Lender's <br />sale opinion, to accomplish the matters raferred ta in the preceding paragraph. <br />FULL PERFORMANCE. If Trus[or 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 an file evidencing <br />Lender's security intereat in the Rents and the Personal Property. Any reconveyance fee required by law ahall be paid by Trustor, if <br />permitted by applicable law. <br />EVENTS OF DEFAUI.7. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: <br />Rayment 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, cpvenant or condition contained in this Deed of <br />Trust or in eny of the Related Documents or to comply with or to perform any term, qbligation, covenant or conditiqn contained in any <br />other agreement between Lender and Trustor. <br />Compliance Default. Failure ta cnmply with any other term, obligation, cavenant or cpndition contained in thia Deed of Trust, the Note <br />or in any of the Related Dpcuments. <br />Default on Other Payments. Failure pf Trustor within the time required by this Deed of Trust to maka any payment for taxes or <br />insurance, or any other payment necessary to prevent filing of or to effect discharge of any lian. <br />False 5tatements. Any warranty, representation or statement made ar furnished tp Lender by Trustor or an Trustpr'S behalf under this <br />Deed of 7rust or the Felated Documents is false or misleading in any material respect, either now or at the time made or furnished pr <br />becomes false vr misleeding at any time thereafter. <br />Defective Collateralizetion. This Deed of Trust or any of the Related Documents ceases to be in full fprce and effect (including failure <br />of any collatera) document to create a valid and perfected security interest or lien) at any time and for any reason. <br />Death or Insolvency. The death pf Trustor, the insolvency of Trustor, the appointment of a receiver for any part of Trustvr's prpperty, <br />any assignment for the banefit of creditors, any type of creditor workout, or the commencement of any proceeding under any <br />bankruptcy or insplvency laws by or against Trustar. <br />Creditor or Forfeiture Proceedings. Commencement of forsc�osure ar forfeiture proceedings, whsther 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 Trustor's accounts, including deposit accounts, with Lender. Hawever, this <br />Event of Default shall not apply if there is a gaod faith dispute by Trustor as to the validity or reasonableness of the claim which is the <br />basis of the creditor or forfeitura proceeding and it Trustor gives Lender written notice of the creditor pr fprfeiture proceeding and <br />deposits with l.ender monies or a surety bond for the creditor or farfeiture proceeding, in an amount determined by Lender, in its sole <br />discretion, as being an adequate reserve or bond for the diapute. <br />Breach of Othar Agreement. Any breach by 7rustor 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 of Trustor to Lender, whether exfsting now or later. <br />Evants Affacting Guarantor. Any of the precsding events occurs with raspect to any guarantor, endorser, surety, or accommodation <br />party of any of the Indebtedness or any guarantor, endarser, surety, pr 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 Trustar's financial condition, or L.ender believes the prospect of payment or <br />performance of the Indebtedness is impaired. <br />Insecurity. Lender in good faith believes itself insecure. <br />Existing Indebtednass. 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 �ny suit or other action is commenced to <br />foreclose any existing lien on the Prpperty. <br />Right to Cure. If any default, other than a default in payment is curable and if Trustor has not been given a notice ot a breech of the <br />same provision of this peed of Trust within the preceding twelve 112) mpnths, it may be cured if Truator, after Lender sends written <br />notice to Trustor demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than <br />fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretfon to be sufficient to cure the default and <br />thereafter continues and completes all reasonable and necessary steps sufficisnt to produce compliance as soon as reasonably <br />practical. <br />RIGMTS AND REMEDIES pN DEFAULT. If an Event of pefault pccurs under this Deed of Trust, at any time thereafter, Trustee or Lendar <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 declara all Indebtedness secured by this Deed of Trust to 6e due and payable and tha sema shall thereupon become <br />due and payable without any presentment, demand, prqtest qr notice of any kind. Thereaftar, Lender may: <br />(a) Either in person or by agant, with pr without bringing any action or proceeding, or by a receiver appointed by a court and <br />