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DEED OF TRUST <br />Loan No: 101240725 (Continued) 2 0:� 10 316'� Page 5 <br />Documents, and (2) the liens and security interests created by this Deed of Trust es first and prior liens on the Property, whether <br />now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender egrees to the contrary in writing, Trustor shall <br />reimburse Lender for all costs and expenses incurred in connectlon wlth the matters reterred to in this paragraph. <br />Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding peragraph, Lender may do so for and in the name <br />of Trustor and et Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lende� as Trustor's attorney-in-fact for <br />the purpose of making, executing, delivering, filing, recording, and doing all other things as mey be necessary or desirabls, in Lertder's <br />sole opinlon, to accomplish the matters referred to in the preceding paragreph. <br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs elt the obligations imposed upon Trustor <br />under this Deed of Trust, Lender shall execute end deUver to Trustee e request for full reconveyance end shell execute and deliver to <br />Trustor suitable statements of termination of any financing statement on file evidencing Lender's security tnterest in the Rents and the <br />Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable lew. <br />EVENTS OF DEFAULT. Each of the following, et Lender's option, shell constitute an Event of Default under this Deed of Trust: <br />Peymerrt Default. Trustor fails to make any payment when due under the Indebtedness. <br />Other Defauhs. Trustor feils to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of <br />T�ust or in any of the Related Documents or to comply with or to perform eny term, obl(gation, covenant or condition contained in any <br />other agreement between Lender and Trustor. <br />Compllance Default. Failure to comply with eny other term, obligation, covenant or condition conteined in this Deed of Trust, the Note <br />ar 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 eny payment for taxes or <br />insurance, or eny other payment necessery to prevent fitfng of or to effect discharge of any lie�. <br />False Statements. Any warranty, representation or statement mada or furnished to Lender by Trustor or on Trustor's behalf under this <br />Deed of Trust or 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 eny time thereafter. <br />Defective Collaterelizatlon. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (inciuding fa(lu�e <br />of any collateral document to create a valid and perfected seaurlty interest or Uen) at any time and for any reason. <br />Death or Insolvenay. The death of Trustor, the insolvency of Trustor, the appointment of e receiver for any part of Trustor's property, <br />any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any <br />bank�uptcy or insolvency laws by or against Trustor. <br />Creditor or Forfeiture Proceedngs. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, <br />repossession or any other method, by eny creditor of Trustor or by any governmental agency against any property securing the <br />Indebtedness. This includes a garnishme�t of any of Trustor's accounts, including deposit accounts, with Lender. However, this <br />Event of Default shell not apply if there is e good falth 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 proceeding and <br />deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole <br />discretion, as being en adequate reserve or bond for the dispute. <br />Breach of Other Agreement. Any breach by Trustor under the terms of any other egreement between Trustor and Lender thet is not <br />remedied within eny grace period provided therein, including without limitetion any agreement concerning any indebtedness o� other <br />obligation of Trustor to Lender, whether existing now or later, <br />Events Affecting Guerantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation <br />party of any ot the lndebtedness or any guerantor, 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 CMange, A mate�ial adverse change occurs in Trustor's financial condition, or Lender believes the prospect of payment or <br />performence of the Indebtedness is impaired. � <br />Insecurity. Lender in good feith betieves itself (nsecure. <br />Extsting Indebtedness. The payment of any installment ot principal or any interest on the Enisting Indebtedness is not made within the <br />time required by the promissory note evide�cing such indebtedness, or a defeult occurs under the instrument securing such <br />indebtedness end is not cured during any appliceble grece period in such instrument, or eny sutt or other action is commenced to <br />foreclose any existing Iten on the Property. <br />Right to Cure. It any default, other than a default in peyment is cursble and if Trustor has not been given a notice of e 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 Trustor demanding cure of such default: (1) cures the defauit within fifteen (15) days; or i21 if the cure requires more than <br />fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the defeult and <br />thereafter continues and completes ell reasonable end necessary steps sufficient to produce compliance as soon es reasonebly <br />prectical. <br />RtGHTS AND REMEDIES ON DEFAULT. If an Event of Qefault occurs under this Deed of Trust, at any time thereafter, Trustee or Lender <br />may exercise any one or more of the following rights and remedies: <br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby, <br />Lender may declere all Indebtedness secured by this Deed of Trust to be due and payeble and the seme shall thereupon become <br />due and payeble without any presantment, demand, protest or notice of any klnd. Thereefter, Lender may: <br />la) Either in person or by agent, with or wlthout bringing any action or proceeding, or by a receiver eppointed by a court end <br />without regard to the adequecy of its security, enter upon and take possession of the Property, or any part thereof, in its <br />