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Loan No: 101243407 <br />DEED OF TRUST <br />(Continued) � o�� 0 i S�� pag� 6 <br />liens on the Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender <br />agrees to the contrary in writing, Trustor shall reimburse Lender for ell costs and expenses incurred in connection <br />with the matters referred to in this paragraph. <br />Attorney-In-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so <br />for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints <br />Lender as Trustor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing ail <br />other things es may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in <br />the preceding paragraph. <br />FULL PERFORMANCE. If Borrower and 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 Deed of Trust, <br />Lender shall execute and deliver to Trustee a request for full reconveyance end shall execute and deliver to Trustor <br />suitable stetements of termination of any financing stetement on file evidencing Lender's security interest in the Rents <br />and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable <br />law. <br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed <br />of Trust: <br />Payment Default. Borrower fails to make any payment when due under the Indebtedness. <br />Other Defaults. Borrower or Trustor fails to comply with or to perForm eny 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 perform any <br />term, obligation, covenant or condition contained in any other agreement between Lender and Borrower or Trustor. <br />Compliance Defauk. Failure to comply with any other term, obligation, covenant or condition contained in this <br />Deed of Trust, the Note 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 make any payment <br />for taxes or 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 Borrower or Trustor <br />or on Borrower's or Trustor's behalf under this Deed of Trust or the Related Documents is false or misleading in <br />any material respect, either now or at the time made or furnished or becomes false or misleading at any time <br />thereafter. <br />Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force end <br />effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any <br />time and for any reason. <br />Death or Insolvency. The death of Borrower or Trustor, the insolvency of Borrower or Trustor, the appointment of <br />a receiver for any part of Borrower's or Trustor's property, any assignment for the benefit of creditors, any type of <br />creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against <br />Borrower or Trustor. <br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial <br />proceeding, self-help, repossession or any other method, by any creditor of Borrower or Trustor or by any <br />governmental agency against eny property securing the Indebtedness. This includes a garnishment of any of <br />Borrower's or Trustor's accounts, including deposit accounts, with Lender. However, this Event of Default shall <br />not apply if there is a good faith dispute by Borrower or Trustor as to the velidity or reasonableness of the claim <br />which is the basis of the creditor or forfeiture proceeding end if Borrower or Trustor gives Lender written notice of <br />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, as being an adequate reserve or bond for the <br />dispute. <br />Breach of Other Agreement. Any breach by Borrower or Trustor under the terms of any other agreement between <br />Borrower or Trustor and Lender that is not remedied within any grace period provided therein, including without <br />limitation any agreement concerning any indebtedness or other obligation of Borrower or Trustor to Lender, <br />whether existing now or later. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, <br />or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or eccommodation party <br />dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the <br />indebtedness. <br />Adverse Change. A material adverse change occurs in Borrower's or Trustor's financiel conditton, or Lender <br />believes the prospect of payment or performance of the Indebtedness is lmpaired. <br />Insecurity. Lender in good faith believes itself insecure. <br />Existing Indebtedness. The payment of eny installment of principal or any interest on the Existing Indebtedness is <br />not mada within the time required by the promissory note evidencing such indebtedness, or a default occurs under <br />the instrument securing such indebtedness and is not cured during any applicable grace period in such instrument, <br />or any suit or other ection is commenced to foreclose eny existing lien on the Property. <br />