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;.,�: ., �: r ,�„ ,,; .„:� DEED OF TRUST 2 0110 3 s 9 2 <br />Loan No: 101241b9�` � �- �' � (Continued) Page 5 <br />FURTHER ASSURAIVCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of <br />this Deed of Trust: <br />Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause <br />to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, ceuse to be filed, recorded, <br />refiled, or rerecorded, as the case may be, at such times and in such offices and places es Lender mey deem appropriate, any and all <br />such mortgages, deeds of trust, security deeds, security agreements, financing stetementa, continuation stetements, instruments of <br />further essurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to <br />effectuete, complete, perfect, continue, or preserve (1) Borrower's and Trustor's obligations under the Note, this Deed of Trust, and <br />the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Properry, <br />whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor <br />shall reimburse Lender for ell costs and expenses incurred in connection with the matters raferred to in this paragraph. <br />Attorney-in-Fact. If Trustor fails to do eny of the things referred to in the preceding paragraph, Lender may do so for and in the name <br />of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably 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 the preceding paragraph. <br />FULL PERFORMANCE. If Borrower and Trustor pay all the Indebtedness when due, and Trustor otherwlse performs all the obligations <br />imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance end shall <br />execute snd deliver to Trustor suitable statements of termination of any financing stetement on file evidencing Lander's security interest in <br />the Rents and the Personal Property. Any reconveyance fee required by lew shall be paid by Trustor, if permitted by applicable law. <br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: <br />Paymant Default. Borrower fails to make any payment when due under the Indebtedness. <br />Other Defeults. Borrower or Trustor fails to comply with or to perform any other term, obligatfon, covenant or 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 condit(on <br />contained in any other agreement between Lender and Borrower or Trustor. <br />Compliance Default. Feilure 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 />Defauk 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 necessary to prevent filing of or to effect discharge of eny lien. <br />False Stataments. 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 Deed of Trust or the Related Documents is false or misleading in eny 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 Releted Documents ceases to be in full force and effect (including failure <br />of any collateral document to create a velid and perfected security interest or lien) et any tlme end for any reason. <br />Death or Insolvency. The dissolution of Trustor's (regardless of whether election to continue is madel, any member withdraws from <br />the limited flability company, or any other termination of Borrower's or Trustor's existence as e going business or the death of any <br />member, the insolvency of Borrower or Trustor, the appointment of a receiver for any part of Borrower's or Trustor's proparty, any <br />assignmant for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy <br />or insolvency laws by or against Borrower or Trustor, <br />Credltor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, <br />repossession or eny other method, by any creditor of Borrower or Trustor or by any governmental agency egainst any property <br />securing the Indebtedness. Thfa includes a gernishment of any of Borrower's or Trustor's accounts, including deposit accounts, with <br />Lender. However, this Event of Default shall not epply if there is a good faith dispute by Borrower or Trustor as to the validity or <br />reasonableness of the claim which is the besis of the creditor or forfeiture proceedi�g and if Borrower or Trustor giyes 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 />proceeding, in an amount determined by Lender, in its sole discretion, es being en adequate reserve ar bond for the dispute. <br />Breach of Other Agreement. Any breach by Borrower or Trustor 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 timitation any agreement <br />concerning any indebtedness or other obligation of Borrowe� or Trustor to Lender, whether existing now or later. <br />Ev�nts Affecting Guarantor. 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 incompetent, or <br />revokes or disputes the validity of, or liability under, eny Guarenty of the Indebtedness. <br />Adverse Change. A materiel edverse change occurs in Borrower's or Trustor's finencial 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 />Existing Indebtedness. The payment of any instaliment of principal or any interest on the Existing Indebtedness is not made within the <br />time required by the promissory note evidencing such indebtedness, or a default occurs under the instrument securing such <br />indebtedness and is not cured during any applicable grace period in such instrument, or any suit or other action is commenced to <br />foreclose any existing lien on the Property. <br />Right to Cure. If eny defeult, 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 of this Deed of Trust within the preceding twelve (72) months, it may be cured if Trustor, after Lender sends written <br />notice to Borrower demanding cure of such default: (1) cures the default within fifteen (1b) days; or (2) if the cure requires more <br />than fifteen (15) days, immediately initietes steps which Lender deems in Lender's sole discretion to be sufficient to cure the default <br />