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' ��A �, � ��� �, :� � � � - �� oEEO oF - rRUSr � 01_10 61 � 5 <br />Loan No: 101244205 (Continued) Page 6 <br />Attorney-in-Fact. If 7rustor fails to do any of tha 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 attornay-in-fact for the purpose of ineking, executing, delivering, filing, recording, and doing aIl <br />other things as may be nacessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in <br />the preceding paragraph. <br />FULL PERFORMANC�. ff Borrower and Trustor pay all the Indebtedrtess, including without limitation a!! 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 and shall execute and deliver to Trustor <br />suitable statements of termination of any financing statement on file evidencing Lander'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, shell constitute an Event of Default under this Deed <br />of Trust: <br />Payment Default. 8orrower fails to maka any payment when due under the Indebtedness. <br />Other Defaults. Barrower or 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 perform any <br />term, obligation, covenant or condition contained in any other agreement between Lerider and 6orrowe� or Trustor. <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition conteined 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 othar 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 6orrower's or Trustor's behalf under this Deed of Trust or the Related Documents is false or mislead3ng in <br />any material respect, either now or at the time made or furnished or becomes faise 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 and <br />effect (including failure of any collateral document to create a valid end perfected security interest or lien) at any <br />time and for any reason. <br />Insolvency. The dissolution or termination of Borrower's or Trustor's existence as a going business, the insolvency <br />of Bor�ower or Trustor, the appointment of a receiver for any part of Borrower's or Trustor's property, any <br />assignment for the benetit ot creditors, any type of creditor workout, or the commencement of any proceeding <br />under any bankruptcy or insolvency laws by or against Borrower or Trustor. <br />Creditor or Forfeiture Proceedinys. Commencemant 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 any 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 tF�ere is a good faith dispute by Borrower or Trustor as to the validity or reasonableness of the claim <br />which is the basis of the creditor or forfeiture proceeding and 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, incfuding 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 evants occurs with respect to any guarantor, endorser, surety, <br />or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation 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 financial condition, or Lender <br />believes the prospect of payment or performance of the Indabtedness is impaired. <br />Insecurity. Lender in good faith balieves itself insecure. <br />Right to Cure. ff any default, othar than a default in payment is curable and if Trustor has not bean given a notice <br />of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if <br />Trustor, after Lender sends written notice to Borrower demanding cure of such default: (1) cures the default <br />within fifteen (95) days; or i21 if the cure requires more than fifteen (75) days, immediately initiates steps which <br />Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and <br />completes all reasonable and nacessary steps sufficient to produce compliance as soon as reasonably practical. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, <br />