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�� <br />r� <br />Loan Na: 101237296 D � CO O irl ed ST 2 O 1 � 0 9 fi 8$ Page 5 <br />such mortgages, deeds of trust, security dasds, security agreements, financing statemants, continuation statements, instruments of <br />further assurance, certificates, and other documents as may, in the sole opinipn of Lender, be necessary ar desirable in order to <br />effectuate, complete, perfect, continue, or preserve (1) Trustor's pbligatipns under the Note, this Deed of Trust, and the Related <br />Dqcuments, and (2) the liens and security interesta creeted 6y this Deed of Trust as first and prior liens on the Property, whether <br />npw owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, 7rustor shall <br />reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. <br />Attorney-in-Fac#. If Trustor fails to do any of the things reterred to in the preceding paragraph, Lsnder may do so for and in the name <br />of Trustor and at Trustor's expensa, Far such purposes, Trustor hereby irrevocebly appoints Lender as Trustor's attorney-in-fact for <br />the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's <br />sole opinion, to accomplish the m�tters referred to in the preceding paragraph. <br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and atherwise performs all the obligations impnsed uppn Trustor <br />under this Deed nf Trust, Lander shall execute and deliver tn Trustee a request for full reconveyance and shall executa and deliver to <br />Trustor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the <br />Personsl Property. Any recanveyance fee required by law shall be paid 6y Trustor, if permitted by applicable law. <br />EVENTS OF DHFAULT. Each of the fpllowing, at Lender's vption, shall constitute an Event of Default under this peed of Trust: <br />Paymant Qefault. Trustor feil� ;o make any psyment when due under the Inde6tedness. . <br />Other Def�ults. Trustor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of <br />Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any <br />other agreement between Lender and 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. Fallure ot Trustor within the time required by this Deed of Trust to make any payment for taxes or <br />insurance, or any other payment necessary ta prevent filing of or to effect discharge of any lien. <br />False Ste#ements. Any warranty, representation or statement made or furnished to Lender by Trustor nr on Trustor's behalf under this <br />Deed of Trust or the Related Documents is talse or misleading in any material respect, either now or at the time made or furnished or <br />becomes false or misleading at any time thereefter. <br />Dafective Collateralization. This Deed of Trust ar any pf the Related �ocuments ceases ta k�e in full force 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 death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of Trustor's property, <br />any assignment for the benefit of creditors, any type of creditor workout, or the commencemen# qf any proceeding under any <br />bankruptcy or insolvency laws by or against Trustor. <br />Creditor or Forteiture Proceadings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, <br />repossession or any ather methpd, 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. However, this <br />Event ot Dafault shall not apply if there is a good faith dispute by Trustor as to the validity or reasonableness of the claim which is the <br />basis of the creditor or forfeiture proceeding and if Trustor gives Lender written notice of the creditor or forfeiture procseding and <br />deposits with Lender monies or a surety band fvr the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole <br />discretion, as being an adequate reserve or bond For tha dispute. <br />Breaoh of Qthar Agrsemant. Any breach by Trustor under the terms of any other agreement between Trustor and Lander that is not <br />remedied within any grace p9riod provided tharein, including without limitation any agresment concerning any indebtedness or other <br />obligation of Trustbr tn Lender, whethar existing now or later. <br />Events Affec#ing Guarantor. Any of the preceding events occurs with respect ta any guarantar, endoraer, sura�y, or aecepmmodotion <br />party of any of the Indebtedness or any guarantor, endorser, surety, or accommodatibrl'' pApCy°�i�s or pavarxeg' or <br />revokes nr disputes the valldity of, or liability under, any Guaranty of the Indebtedness. <br />Adverse CMange. A material adverse change occurs in Trustor's financial canditiqn, pr Lender believes the prospect of payment or <br />performance of the Indebtedneas is impaired. <br />Inaecurlty. Lender in good faith believes itself insecura. <br />Existing Indebtedness. 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 evidenping such indebtedness, or a default occurs under the instrument securing such <br />indebtedness and is not cured during any applicaple grace period in such instrument, or any suit or other actian is commenced to <br />foreclase any existing lien vn the Property. <br />Right to Cura. If any defsult, pther than a default in payment is curable and if Trustor has npt 6een 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 to 'frustar demanding cure af 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 discretipn to 6e sufficient to cure the default and <br />thereaftar continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably <br />practical. <br />RIGHTS ANO REMEDIES ON D�FAULT. If an Event nf Default occurs under this Deed of Trust, at any time thereafter, Trustee vr lender <br />may exercise any one or more of the follpwing rights and remedies: <br />Acceleration Upon Default; Additional Remedies. It any Event of Default occurs as per the terms of the Note secured hereby, <br />Lender may declare all Indebtedness secured 6y this Deed af Trust to be due and payable and the same shall thereupan become <br />