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D�ED �F TRUST 2 Q 10 0 7'7 $ G <br />(Continued) Page 5 <br />refiled, or rerecorded, as the case may be, et such times and in such offices and places as Lender may deem appropriate, any and all <br />such mortgeges, deeds of trust, security deeds, security agreemsnts, financing statements, continuation statements, instruments of <br />further assurance, certificates, and ather documents as may, in the sale opininn of Lender, be necessary or desirable in arder to <br />effectuate, complete, perfect, cantinue, or preserve (1) Borrower's and Trustor's obligations under the Note, this Deed of Trust, and <br />the Related Documents, and (2) the liens and sacurity interests created by this Deed of Trust as first and pripr liens on the Property, <br />whether now ownad ar hereafter acquired by Trustor. Unless prohibitad by law or Lender agrees to the contrary in writing, Trustor <br />shall reimburse Lender for ail costs and expenses incurred in connection with the matters referred to in this paragraph. <br />Attnrney-in-Fact. If 7rustor fails to dv any of the things referred to in the preceding paragraph, l.ender may do sa for end in the nama <br />ot Trustor and at Trus#or'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 alI other things as may be necessary or desirable, in Lender's <br />sole opinion, #p accomplish the matters referred to in the preceding paragraph. <br />FULL PERFORMANC�. If 8orrower and Trustor pay all the Indebtedness when due, and Trustor otherwise performs all the obligatipns <br />impossd upon Trustor under this Deed af Trust, Lender shall execute and deliver to 7rustee a request for full reconveyance and shall <br />execute and deliver to Trustor suitable statements of termination of any financing statement an file evidencing Lender's security interest in <br />the Rents and the Personal Property. Any raconveyance fee raquirad 6y law shall be paid by Trustor, if permitted 6y applicable law. <br />EVENTS OF DEFAULT. Each of the following, at Lender's nption, shall constitute an Evant of Default under this Deed of Trust: <br />Psyment Default. Borrower fails to make any payment when due under the Indebtedness. <br />Other Defaults. Borrower or Trustor fails to comply with or to perform any ather term, obligation, covenant ar condition contained in <br />this Deed of Trust or in any of the Related Documents or to comply with pr to perform any term, obligation, covenant ar cvndition <br />contained in any other �greement between Lender and Borrower or Trustar. <br />Compliance Default. Failure to comply with any ather term, obligation, covenant or cpndition contained in this Deed af Trust, the Note <br />or in any of the Related bocuments. <br />befault 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 ta effect discharge of any lien. <br />Default in Favor of Third P�rties. Should Borrower qr 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 craditor or person that may ma2erially affect any of <br />Borrower's ar any Grantor's property or Borrower's ability to repay the Indebtedness or Borrpwer'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 ar statement made or furnished to Lender by Barrpwer or Trustor pr pn Borrower's ar <br />"Crustor's behalf under this baed of Trust or the Related bocumants 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 eny collateral document to create a valid and perfected security interest or Iien) at any time and for any reason. <br />Death or Insalvency. The dissolution or termination of Borrower's or Trustor's existence as a going business, the insolvency af <br />Borrower or Trustor, the appointment of a receiver for any part of Borrower's or Trustor's property, eny assignment for the benefit of <br />creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or <br />against Borrower or Trustar. <br />Creditor or Forfeiture Proceedings. Commencement of fareclosure or forfeiture praceedings, whether by judicial proceeding, self-help, <br />repossession or any other methpd, 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 Bprrower's or 7rustor's aecounts, including deposit accounts, with <br />Lender. Hpwever, this Event of I�efault 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 ot the creditor or forfeiture proceeding and if Borrower or Trustor gives Lender written <br />notice of the creditor or forfeiture procseding and deposits with Lender monies or a surety bond for the creditor or forfeiture <br />proceeding, in en amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. <br />Breach of dther Agreemen#. Any breach by Borrowsr or Trustor under the terms of any other agraement between Bprrpwer or <br />7rustnr and Lender that is not remedied within any grace period provided therein, including without limitetion any agreement <br />concerning any indebtedness or other obligation of Borrower or Trustor to Lender, whether existing npw qr later. <br />Events Affecting Guarantor. Any qf the preceding events accurs with respect to any Guarantor of any of the Indebtedness or any <br />Guarantqr dies or becomes incampetent, or revokes or disputas the validity of, or liability under, any Guaranty ot the Indebtedness. <br />Adverse Change. A material adverse change occurs in Borrower's or Trustor's financial conditipn, nr Lender believes the prospect of <br />payment or performance of the Indebtedness is impaired. <br />Insecurity. Lender in good faith believes itself insecure. <br />RIGH7S AN� REMEDIES ON DEFAULT. If en Even# of Default occurs undar this Deed of Trust, at any time thereafter, Trustee or Lender <br />may exercise any one or more of the follpwing rights and remedies: <br />Acceleration Upon Default; Additional Remedies. If any Event of pefault accurs as per the terms of the Note secured hereby, <br />Lender mey declare all Indebtedness secured by this Deed of Trust ta be due and payable and the same shatl thereupon become <br />due and paya�le without any presentment, demand, protest or notice of any kind. Thersafter, Lender may: <br />(a) Either in person or by agent, with or withput bringing any action or proceeding, or by a receiver appointed by a court and <br />without regard to tha adequacy of its security, enter upon and taka possession of the Property, or any part thereof, in its <br />own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, <br />marketability or rentability of the Praparty, or part of the Property or interest in the Property; increase the income from the <br />