DEED OF TRUST � O 1 O O�I � S I
<br />lContinued) Page 5
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise perfarms all the abligations impased upon Trustor
<br />under this Deed of Trust, Lender shall execute and deliver to 7rustae a request for full reconveyance and shall execute and deliver to
<br />Trustor suitable statements of terminetion of any financing statement on file evidencing Lender's security interest in the Rents and the
<br />personel Property. Any reconveyance fee required by law shall ba paid by Trustar, if permitted by applicable lew.
<br />EVENTS pF DEFAULT. Each of the following, at Lender's option, shall constitute en Event of Default under this Deed of Trust:
<br />Payment Default. Trustor fails ta make any p�yment when due under the Indebtedness.
<br />Other Defaults. Trustor feils to comply with or to perform any other term, obligation, covenant nr condition contained in this Deed of
<br />Trust or in any of the Related Documents or to comply with or ta perform any term, obligation, oovenant or condition contained in any
<br />other agreement between Lender and Trustor.
<br />Compliance Defpult. Failure ta comply with any other term, obligation, covenant or condition contained in this Deed of Trust, Cha Npte
<br />or in any of the Related �ocuments.
<br />Default on Other Payments. Failure of Trustor within the time required by this peed of Trust to make any payment for taxes or
<br />insurance, or any other payment necessary to prevent filing ot or to effect discharge of any lien.
<br />Default in Favor of Third Parties. 5hauld Grantor default under any loan, extension of credit, security agreement, purchase or sales
<br />agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's prpparty or
<br />Grantor's sbility to repay the Indebtedness or Grantor's ebility to perform Grantor's obligations under this Deed of Trust ar any of the
<br />Related Documents.
<br />False Statements. Any warranty, representetion or statement made or furnished to Lender by Trustor or on 7rustor's behalf under this
<br />Deed of Trust nr the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or
<br />becomes false or misleading at any time thereafter.
<br />Defective Collater�lization. This Deed of 7rust or any of the Related Documents ceases to be in full force and effect (including failure
<br />of any collateral documen# to create e valid and perfected security interast or lien) at any time and fpr any reason.
<br />Insolvency. 7he dissolution or termination of Trustar's existence as s going 6usiness, the insolvency of Trustor, the appointment of a
<br />receiver for any part of Trustar's property, any assignment for the benefit of creditors, any type af creditor workout, or the
<br />commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor.
<br />Creditor or Forfefture Proceadings. Commancement of foreclosure ar forfeiture proceedings, whether by judicial prpceeding, self-help,
<br />repossession ar any other method, by any creditor of 7rustor pr by any governmental agency against any property securing the
<br />Indebtedness. This includes a gamishment of any of trustor's accounts, including deposit accounts, with Lender. However, this
<br />Event of befault shall not apply if there is a good faith dispute by Trustor as ta the validity vr reasona6leness of the claim which is the
<br />basis of the creditor or forfeiture proceeding and if Trustar gives Lender written notica af the creditor or forfeiture proceeding and
<br />depnsits with l�ender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lendar, in its sole
<br />discretion, as baing an adequate reserve or bond fpr the dispute.
<br />Breach qf Other Agreement. Any breach by 7rustor under the terms of any other agreement between 7rustor and Lender that is nat
<br />remedied within any grace period provided therein, including without limit�tion any agreement concerning any indebtedness or other
<br />obligation of Trustar to Lender, whether existing now or later.
<br />Events Affecting Guarantar. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any
<br />Guarantor dies or becomes incompetent, or revpkes ar disputes the validity of, or liability under, any Guaranty ot the Indebtedness.
<br />Adverse Change. A material adverse change occurs in Trustor's financial candition, or Lender believes the prospect of payment or
<br />performance of the Indebtedness is impaired.
<br />Insecurity. Lender in good faith believes itself insecure.
<br />RIGHTS AND REMEDIES QN DEFAULT. If an Event of Default occurs under this 17eed ot Trust, at any time thereafter, Trustee or Lender
<br />may exercise any ane or more af the follawing rights and remedies:
<br />Acceleration Upan Default; Additianel Remedies. If any Event of Default occurs as per the terms ot the Note secured hereby,
<br />Lender may declare all Inde6tedness secured by this Deed of Trus# to 6e due and paya6le and the sama shall thereupon f�ecome
<br />due and payahle without any presentment, demand, protest or notice of any kind. Thereaftsr, Lender may:
<br />(a1 Either in person or by agant, with or without bringing any action or proceeding, or 6y a receiver appointed by a court and
<br />without regard to the adequacy af its security, enter upon and take passession of the Property, or any part thereof, in its
<br />own name or in tha name of Trustee, and do any acts which it deams necessery or desirable to preserve the value,
<br />marketahility or renta6ility of the Praperty, or part of the Property or interest in the Property; increase the income from the
<br />Property or protect the security of the Property; and, with or without taking possession pf the Property, sue fpr or otherwise
<br />collect the rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less costs and
<br />axpenses of operation and collection attorneys' fees, to any indebtedness secured by this Desd of Trust, all in such order as
<br />Lender may determine. The entering upon and taking possession of the Prnperty, the collaction of such rents, issues and
<br />profits, and the application [hereof shall not cure or waiv� any default ar notice of default under this �eed of Trust or
<br />invalidate any act done in response ta such default ar pursuant to such notice af default; and, notwithstanding the
<br />continuance in possassion of the Property or the collection, receipt and application of rents, issues or profits, 7rustee or
<br />Lender shall be entitled to exercise every right provided for in the Note or the Related Documents or by (aw 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 pf the
<br />cavenants hereof; and
<br />(c1 Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and electinn to
<br />
|