Laserfiche WebLink
201�04152 <br />Breach of Any Loan Document. Any breach by Trustor under the terms of any Loan Document (as <br />such term is defined in that certain Loan Agreement, dated of even date herewith, by and among <br />Steven Sempeck and George Overfield, Jr., jointly as severally as Borrower, and Lender (the "Loan <br />A�reement") that is not remedied within any grace period provided therein, including without <br />limitation any agreement concerning any Indebtedness or other obligation of Trustor to Lender, <br />whether existing now or later. <br />Breach of Other Agreemen� Any breach by Trustor under the terms of any other ageement <br />between Trustor and Lender that is not remedied within any grace period provided therein, including <br />without limitation any agreement concerning any Indebtedness or other obligation of Trustor to <br />Lender, whether existing now or later. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, <br />endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, <br />surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, <br />or liability under, any Guaranty of the Indebtedness. <br />Event of Default under Any Loan Document or Other Related Document. There shall occur any <br />Event of Default as defined under any Loan Document or under any other Related Document. <br />Existing Indebtedness. The payment of any installment of principal or any interest on the Existing <br />Indebtedness is not made within the time required by the promissory note evidencing such <br />Indebtedness, or a default occurs under the instrument securing such Indebtedness and is not cured <br />during any applicable grace period in such instrument, or any suit at other action is commenced to <br />foreclose any existing lien on the Property. <br />Adverse Change. A material adverse change occurs in Trustor's financial condition, or Lender <br />believes the prospect of payment or performance of the Indebtedness is impaired. <br />Insecurity. Lender in good faith believes itself insecure. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at <br />any time thereafter. Trustee or Lender may exercise any one or more of the following rights and remedies: <br />Acceleration Upon Default; AddiNonal Remedies. If any Event of Default occurs as per the terms <br />of the Notes secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to <br />be due and payable and the same shall thereupon become due and payable without any presentment, <br />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 <br />receiver appointed by a court and without regard to the adequacy of its security, enter upon and <br />take possession of the Property, or any part thereof, in its own name or in the name of Trustee, <br />and do any acts that it deems necessary or desirable to preserve the value, marketability or <br />rentability of the Property, or part of the Property or interest in the Properly; increase the income <br />from the Property or protect the security of the Property; and, with or without taking possession <br />of the Property, sue for or otherwise collect the rents, issues and profits of the Property, including <br />those past due and unpaid, and apply the same, less costs and expenses of operation and <br />collection attorneys' fees, to any Indebtedness secured by this Deed of Trust, all in such order as <br />Lender may determine. The entering upon and taking possession of the Property, the collection of <br />such rents, issues and profits, and the application thereof shall not cure or waive any default or <br />notice of default under this Deed of Trust or invalidate any act done in response to such default or <br />JLR/394902.5 1 � <br />