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DEED OF TRUST � O� i O 4 8�$ <br />Loan No: 101242552 (Continued) Page 5 <br />reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing <br />Lender"s security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if <br />permitted by epplicable 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 />Payment Defauk. 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 condition contained in this Deed of <br />Trust or in any of the Related Documents or to comply with or to perform any term, obfigetion, covenent or condition contained in eny <br />other egreement between Lender and Trustor. <br />Compliance Defeult. Failure to comply with any other term, obligation, covanant or condition contained in this Deed of Trust, the Note <br />or in any of the Related Documents. <br />Default on Other Paymants. Feilure 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 any lien, <br />False Statements. Any warranty, representation or statement made or furnished to Lender by Trustor or on Trustor's behalt under this <br />Deed of Trust or the Related Documents Is felse or misleeding in any material respect, either now or at the time made or furnished or <br />becomes false or misleading et 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 feilure <br />of any collateral document to create e valid and perfected security interest or lien) at any time and for any reason. <br />Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any pert 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 />bankruptcy or insolvency laws by or against Trustor. <br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, selt-help, <br />repossession or any other method, by any creditor of Trustor or by any gove►nmental agency against eny property securing the <br />Indebtedness, This includes 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 reasonabfeness 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 an adequate reserve or bond for tha dispute. <br />Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and Lender that is not <br />remedied within eny grace period provided therain, including without Ilmitation any agreement concerning any indebtedness or other <br />obligation of Trustor to Lender, whether existing now or leter. <br />Everrts Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation <br />perty 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 Changs. A material adverse change occurs in Trustor's financial condition, or Lender believes the prospect of payment or <br />performance of the Indebtedness is impaired. <br />Insecurity. Lender in good faith believas itsetf insecure. <br />Right to Cure. If any default, other than a default in payment is curable and if Trustor has not been given e notice of a breacF� of the <br />same provision of this Deed of Trust within the preceding tweive (72) months, it may be cured if Trustor, after lender sends written <br />notice to Trustor demanding cure of such default: (1) cures the default within fifteen (16) days; or (2) 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 defauft and <br />thereafter continues and comp(etes all reasonable and necessery steps sufficient to produce compliance as soon as reasonably <br />practical. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default 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 />Acceleretion Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby, <br />Lender may declare all lndebtedness secured by this Deed of Trust to be due and payable and the seme shall thereupon become <br />due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may: <br />(a) Either in person or by egent, with or without bringing any action or proceeding, or by a receiver appointed by a court and <br />without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its <br />owrt name or in the name of Trustee, and do any acts whlch it deems necessary or desirable to preserve the value, <br />marketability or rentebility of the Property, or part of the Property or interest in the Property; increase the income from the <br />Property or protect the security of the Property; and, with or without taking possession of the Property, sue for or otherwise <br />collect the rents, issues and profiYs of ihe Property, including those past due and unpeid, and apply the same, less costs end <br />expenses of operation and 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 ot such rents, issues and <br />profits, and the application thereof shell not cure or waive any default or notice of default under this Deed of Trust or <br />invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the <br />continuance in possession of the Property or the coNection, receipt snd application of rents, Issues or profits, Trustee or <br />Lender shall be entitled to exercise every right provided for in the Note or the Related Documents or by law upon the <br />occurrence of any event of default, including the right to exercise the power of sale; <br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specificaffy enforce any of the <br />covenants hereof; and <br />