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201108742 <br />DEED OF TRUST <br />Loan No: 0428844947 (COntlnUed) Page 6 <br />Attomey-In-Fact If Trustor fails to do arry 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 TrustoPs attomey-in-fad for the purpose of making, executing, delivering, filing, recording, and doing all <br />other things as 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 Borcower and Trustor pay alt the Indebtedness when due, and Trustor otherwise performs all <br />the obligations imposed upon Trustor under this Deed of Trust, Lender shatt execute and deliver to Trustee a request for <br />full reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement <br />on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by <br />law shall be paid by Trustor, if permitted by applicable law. <br />EVENTS OF DEFAULT. Eac� of the following, at Lender's option, shatl consUtute an Event of Default under this Deed <br />of Trust: <br />Payment Default Borrower fails to make eny payment when due under the Indebtedness. <br />Other Defautts. Borrower or Trustor faits 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 Lender and Borrower or Trustor. <br />Complfance Default Failure to comply with any other term, obligation, covenent 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 other payment necessary to prevent filing of or to effect discharge of any lien. <br />Default in Favor of Third Partles. Should Borrawer or any Grantor default under any loan, extension of credit, <br />securiry agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person <br />that may materially affect any of BorrowePs or any Grantor's property or Borrower's ability to repay the <br />Indebtedness or Borrower's or Grantor's ability to perform their respective obligations under this Deed of Trust or <br />any of the Related Documents. <br />False Statements. Any warranry, representation or statement made or fumished to Lender by Borrower or Trustor <br />or on BoROwer's or TrustoPs 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 fumished or becomes false or misleading at any time <br />thereafter. <br />DefecWe CollateraiizaUon. 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 and pertected security interest or Ilen) at any <br />time and for any reason. <br />Death or Ineolvency. The dissolution of Trustor's (regardless of whether election to continue is made), any <br />member withdraws from the limited liability company, or any other termination of Borrower's or Trustor's e�dstence <br />as a going business or the death of any member, the insolvency of Borrower or Trustor, the appointment of a <br />receiver for any part of Borrowar'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 For(efture Proc�edings. Commencement of foreclosure or forteiture proceedings, whether by judicial <br />proceeding, self-help, repossession or any other method, by any creditor of Borrower or Trustor or by any <br />govemmental agency against any property securing the Indebtedness. This inGudes a gamishment of any of <br />Borrower's or Trustor's accounts, inGuding deposit accounts, with Lender. However, this Event of Default shall <br />not epply if there is a good faith dispute by Borrower or Trustor as to the vaUdity or reasonableness of the claim <br />which is the basis of the creditor or forteiture proceeding and if Borrower or Trustor gives Lender wrftten notice of <br />the creditor or forteiture proceeding and deposits with Lender monies or a surery bond for the creditor or forfeiture <br />proc�eding, 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, inGuding without <br />limitation any agreament conceming 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 of any of the <br />Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validiry of, or liability <br />under, any Guaranty of the Indebtedness. <br />Adverse Change. A material adverse change occurs in Borrower's or Trustor's flnancial condition, or Lender <br />believes the prospect of peyment or perFormance af 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 any time thereafter, <br />Trustee or Lender may exercise any one or more of the following rights and remedies: <br />