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� <br />Loan No: 90923�� .� <br />r `q <br />DE�D OF TRUST 2 Q i d � 9� 8� <br />(Continued) Page 5 <br />request for full reconveyance and shall execute and deliver to Trustor suitable statements of termination ot any financing statement on file <br />evidencing Lender's security interest in the Rents and the Persanal Property. Any reconveyance fee required by law shall be paid by <br />Trustor, if permitted by applicable law. <br />EVEN7S OF DEFAUI.T. Each pf the following, at I�ender's optipn, shall constitute an Event of Default under this Deed of Trust: <br />Payment Default. Sorrawer fails to make any payment when due under the Indebtedness, <br />Other Defaults. 8orrower or Trustor fails to comply with or to perform any other term, obligation, covenant pr 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 />cantained in any other agreement bstween Lender and Borrowar ar Trustor. <br />Camplianca Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note <br />pr in any of the Related Documents. <br />Default on Othar 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 />False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Trustor or on Borrvwer's or <br />Trustqr's behalf under this peed of Trust or the Related Dpcuments is false or misleading in any material respact, either naw or at the <br />time made or furnished or becomes false or misleading at any time thereafter. <br />Defective Callateralization. This Deed of Trust or any of the Related Documents ceases ta be in full force and effect (including failura <br />of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. <br />Insolvency. The dissolution or terminatian of 8orrower's or Trustor's existence as a going business, the insolvency of Borrawer or <br />Trustor, the appointment pf a receiver for any part af Borrower's or 'frustor's property, any assignment for the benefit of creditors, <br />any type of creditor workout, or the cpmmencement of any proceading under any bankruptcy or insolvency laws by or against <br />8arrower pr Trustor. <br />Creditor or Forfaiture Prooeedings. Commencement of foreclosure or farfeiture proceedings, whether by judicial proceeding, self-help, <br />repossession ar any other method, 6y any creditor of Borrower or Trustor or by any gavernmental agency against any property <br />securing the Indeb[edness. This includes a garnishment of any qf Borrower's or Trustnr's accounts, including deposit accounts, with <br />Lender, However, this Event af Default shall not apply if there is a good faith dispute by Borrower or Trustar as to the validity or <br />reasonableness of the claim which is the basis nf the creditor or forfeiture procesding and if Borrower or Trustor gives Lendar written <br />notice of the creditor or forfeiture proceeding and deposits with Lender mpnies or a surety bond for the creditar pr forfeiture <br />proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. <br />Breach of Other Agreement. Any breach by Borrower or Trustor undar the terms of any other agreement between Borrower or <br />Trustor and Lender that is not remedisd within any graca pariod provided therein, including without limitation any agreement <br />concerning any indebtedness or vther obligation of Borrower or Trustpr to Lender, whethar existing now or later. <br />Events Affecting Guarantpr. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation <br />party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incampetent, or <br />revokes ar disputes the validity af, ar liability under, any Guaranty of the Indebtedneas. <br />Adverse Change. A material adverse change occurs in Borrower's or Trustor's financial condition, or Lander 6elieves the prospect of <br />psyment or performance af the Indebtedness is impaired. <br />Insecurity. Lender in goad faith believes itself insecure. <br />Right to Cure. If any default, other than a default in payment is curable and ff Trustor has not bsen given a notice of a breach of the <br />same provision of this Deed of Trust within the preceding twelve (12► months, it may be cured if Trustor, after Lender sends written <br />notice tv �3orrower demanding ours of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more <br />than fifteen (15) days, immediately initiates steps which l.ender deems in Lender's sole discretion to be sufficient to cure the default <br />and thereafter continues and completes all reasonable and necessary stepa sufficient to produce compliance as soan 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, Trustes or Lender <br />may exercise any one or more of the following rights and remedies: <br />Acceleration Upvn Default; Additional Remedies. If any Event of Default occurs as per the terms of the Nqta secured hereby, <br />Lender may declare all Indebtednass secured by this Deed af Trust to be due and paya6le and the same shall thereupon becoma <br />due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may: <br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a recaiver appointed by a caurt 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 acts which it deems necessary pr desirable to preserve the value, <br />marketability or rentability af the Property, or part af the Property or interest in the Property; increase the income from the <br />Property or protect the security of the Praperty; 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 seme, less costs and <br />expenses of operation and collection attorneys' fees, to any indebtedness secured by this peed of Trust, all in such order as <br />Lender may determina. 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 />invelidate any act done in response to such dafault ar pursuant to such notice ot default; and, notwithstanding the <br />continuance in passession of the Property ar the collection, receipt and application of rents, issues or profits, Trustee or <br />Lender shall be entitled to exercise every right provided for in the Note or the Related Documents or by law upon tha <br />occurrence of any event af detault, 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 />