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201104152 <br />Attorney-In-Fact. If Trustor � fails to do any of the things referred to in the preceding paragraph, <br />Lender may do so for and in the name of Trustor and at Trustor's expense. For such purposes, <br />Trustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for the purpose of making, <br />executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, <br />in Lender's sole opinion, to accomplish the matters refened to in the preceding paragraph. <br />FULL PERFORMANCE. If Trustor pay all the Indebtedness, including without limitation all future <br />advances, when due, and Trustor otherwise performs all the obligations imposed upon Trustor under this <br />Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall <br />execute and deliver to Trustor suitable statements of termination of any financing statement on file <br />evidencing Lenders security interest in the Rents and the Personal Property. Any reconveyance fee <br />required by law 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 <br />under this Deed of Trust: <br />Payment Default. Trustor fails to make any payment when due under the Indebtedness. <br />Other Defaults. Trustor fails to comply with or to perform any other term, obligation, covenant or <br />condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to <br />perform any term, obligation, covenant or condition contained in any other agreement between <br />Lender and Trustor. <br />Compliance Default. Failure to comply with any other term. obligation, covenant or condition <br />contained in this Deed of Trust, the Notes 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 <br />make any payment for ta�ces or insurance, or any other payment necessary to prevent filing of or to <br />effect discharge of any lien. <br />False Statements. Any warranty, representation or statement made or furnished to Lender by Trustor <br />or on Trustor's behalf under this Deed of Trust or under any Related Documents is false or <br />misleading in any material respect, either now or at the time made or furnished or becomes false or <br />misleading at any time thereafter. <br />Death or Insolvency. The dissolution of Trustor (regardless of whether election to continue is made), <br />any member withdraws from the limited liability company, or any other termination of Trustor's <br />existence as a going busine�s or the death of any member, the insolvency of Trustor, the appointment <br />of a receiver for any part of Trustor's property, any assignment for the benefit of creditors, any type <br />of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency <br />laws by or against Trustor. <br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, <br />whether by judicial proceeding, self-help, repossession or any other method, by any creditor of <br />Trustor or by any governmental agency against any property securing the Indebtedness. This includes <br />a garnishment of any of Trustor's accounts, including deposit accounts, with Lender. However, this <br />Event of Default shall not apply if there is a good faith dispute by Trustor as to the validity or <br />reasonableness of the claim that is the basis of the creditor or forfeiture proceeding and if Trustor <br />gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies <br />or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its <br />sole discretion. as being an adequate reserve or bond for the dispute. <br />JLR/394902.5 9 <br />