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DEED OF TRUST <br />Lo�n No: 109237797 (Continued) 2 O 1 i 0 0 4 6 3 Page 5 <br />whether now owned or hereafter acquired by Trustor. Uniess prohibited by law or Lender agrees to the contrary in writing, Trustor <br />shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph, <br />Attarney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may dp so for and in the name <br />of Trustor end at Trustor's expense. For such purposes, Trustor hereby irrevncably 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 matters referred to in [he preceding paragraph. <br />FULL PERFORMANCE. If Borrower and Trustor pay all the Indebtedness, including without limitation all future advances, when due, and <br />Trustor otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a <br />requast for full recanveyance and shall axecute and deliver to 7rustor suitable statements of termination of any financing statement on file <br />evidancing Lander's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by <br />Trustpr, if permitted by applicable law. <br />EVENT5 OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: <br />Payment Default. Borrower fails to make any payment when due under the Indebtedness. <br />Other Defaults. Borrower or Trustor fails to comply with ar to perform any other term, obligation, covenant or condition contained in <br />this Deed of Trust or in any of the Related Documents or to comply with ar to perform any term, obligation, cavenant or condition <br />contained in any other agreement between Lender and Borrower or Trustor. <br />Compliance Default. Failure tp 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. 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 necassary ta prevent filing of or to effect discharge of any lien. <br />False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Trustor or on Borrower's or <br />Trustor's behalf under this Peed of Trust or the Related Documents 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 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 Borrower or Trustor, the insolvency of Borrower or Trustor, the appointment of a receiver for any <br />part of Borrower's or Trustor's property, any assignment for the benefit of creditors, any type of creditor workout, or the <br />cpmmencement vf any proceeding under any bankruptcy qr insolvency laws by or against 8orrower or 7rustor, <br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, <br />repossession or any other method, by any creditor of 8orrower or Trustor or by any governmental agency against any property <br />securing the Indebtedness. This includes a garnishment of any of Borrower's or Trustor's accounts, including deposit accounts, with <br />Lander. However, this Event of Default shall not apply if there is a good fai[h dispute by Borrower or Trustor as to the validity or <br />reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower or Trustor gives Lender written <br />notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture <br />prpceeding, 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 8orrower or 7rustor under the terms of any other agreement between Borrower or <br />Trustor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement <br />concerning any indebtedness or other obligation of Borrower or 7rustar ta Lender, whether existing now or later, <br />Events Affecting Guarantor. Any of tha precading events occurs with respect to any guarantor, endorser, surety, ar accommadation <br />party of any of the Indebtedness or any guarantor, endorser, surety, or 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 Borrower's or 7rustor's financial condition, or Lender believes the prospect of <br />payment or performance of the Indebtedness is impaired. <br />Insecurity. Lender in good faith believes itself insecure, <br />Right to Cure. If any default, other than a default in payment is curable and if Trustor has not been given a notice of a breach of the <br />same provision af this peed of Trust within the preceding twelve (12) months, it may be cured if Trustnr, aftar l.ender sends written <br />notice tn Borrower demanding cura 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 Lender deems in Lender's sole discretion ta be sufficient to cure the default <br />and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably <br />practical. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of �efault occurs under this Deed of Trust, at any time thereafter, Trustaa or Lendar <br />may exercise any one or more of the follpwing rights and remedies: <br />Acceleration Upon Daf�ult; Additipnal Remadies. If any Event of Default occurs as per the terms af the Note secured hereby, <br />Lender may declare all Indebtedness secured by this Deed of l'rust ta be dua and peyable and the same shall thereupon become <br />due and payable without any presentment, demand or protest of any kind. Theraafter, Lender may: <br />(a) Either in person or py agent, with or without bringing any action or proceeding, ar by a receiver appointed by e court and <br />without regard to the adequacy of its security, enter upon and take possession of tha 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 ta preserve the value, <br />marketability or rentability of the Property, or part of the Property or interest in the Property; increase tha income from the <br />Property or protect the security of the Property; and, with or without taking possession of the Property, sue for ar otherwise <br />collect the rents, issues and profits of the Property, including those pest due and unpaid, and apply the same, less costs and <br />