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201108760 <br />DEED OF TRUST <br />Loan No: 101245912 (Continued) Page 6 <br />for taxes or insurance, or any other payment necessary to prevent flling of or to effect discharge of any lien. <br />False Statements. My waRanty, representetion or statement made or fumished to Lender by Trustor or on <br />Trustor's behaif under this De� of Trust or the Related Documents is false or misleading in any material respect, <br />eRher now or at the time made or fumished or becomes false or misleading at any t(me thereafter. <br />Defective Collateralizatlon. This Deed of Tn.ist or any of the Related Documents ceases to be in full force and <br />effect (including failure of any collateral document to create a vaNd and perfected security interest or Ilen) at any <br />Ume and for any reason. <br />Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of <br />TrustoPs property, any assignment for the beneflt of creditors, any type of creditor workout, or the <br />commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor. <br />Credftor or Forfelture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial <br />proceeding, self-help, repossession or any other method, by any creditor of Trustor or by any govemmental agency <br />aga(nst any properly securing the Indebtedness. This includes a gamishment of any of Trustor's accounts, <br />fncluding deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith <br />dispute by Trustor as to the validfty or reasonableness of the claim which is the basis of the creditor or forfeiture <br />proceeding and if Trustor gives Lender written notice of the creditor or forteiture proceeding and deposits with <br />Lender monies or a surery bond for the creditor or forteiture proceeding, in an amount determined by Lender, in fts <br />sole discretfon, as being an adequate reserve or bond for the dispute. <br />Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and <br />Lender that is not remedied within any grace period provfded therein, including without Iimitatfon any agreement <br />conceming any indebtedness or other obligation of Trustor to Lender, whether existing now or later. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, <br />or accommodatlon party of any of the Indebt�ness or any guarantor, endorser, surety, or accommodatlon parly <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 rrraterial adverse change a:curs in Trustor's flnandal condition, or Lender believes the <br />prospect of payment or perFormance of the Indebtedness is impaired. <br />Insecurity. Lender in good faith believes itself insecure. <br />Right to Cure. If any default, other than a default in paymerrt is cx�rable artd if Trustor F�a,s not been glven a noti� <br />of a breach of the same provision of this Deed of Trust w(thin the preceding tweive (12) morrths, it may be cured if <br />Trustor, after Lerider sends written notice to Trustor demanding cure of such default: (1) cure,s the default wfthin <br />flfteen (15) days; or (2) if the cure requires more than flfteen (15) days, immediately initiates steps which Lender <br />deems in Lender's sole discretion to be sufflcient to cvre the default and thereafter �rrtinues ar�d �mpletes all <br />reasonable and neoessary steps sufficient to produ� oompliance as soon as reasonably practical. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Everrt of Default occurs under this Deed of Trust, at any tlme thereafter, <br />Trust� or Lender rrray exerdse any one or more of the following rights and remedies: <br />Acceleratlon Upon Default; AddlUonal Remedies. If any Everrt of DeYault axurs as per the terms of the Note <br />secured hereby, Lender may dedare all Indebtedness secured by this Deed of Trust to be due and payable and <br />the same shall thereupon beoome due and payable without any presentrnent, demand, protest or noti� of any <br />kind. Thereafter, Lender may: <br />(a) Either in person or by agerrt, with or without bringing any actlon or proceeding, or by a�Ner <br />appointed by a court and without regard to the adequacy of its security, errter upon and take possession <br />of the Property, or any part thereof, in its own name or in the name of Trustee, and do any acts which it <br />deems neoessary or desirable to preserve the value, marketability or rentabfltty of the Property, or part of <br />the Property or interest in the Property; incxease the inr,ome from the Property or protect the security of <br />the Property; and, with or without taking po�ession of the Properly, sue for or othervvise collect the <br />rents, issues and proflts of the Property, induding those past due and unpaid, and apply the sama, less <br />cbsts and e�er�ses of operation arid colledion attomeys' fees, to any indebtedness secxued by this Deed <br />of Trust, all in such order � Lender may determine. The errtering upon and taldng possession of the <br />Properly, the �IlecUon of such rents, issues arid proflts, and the applicadon thereof shall not cx�re or <br />waive any default or notice of default under ri�is Deed of Trust or irnalidate any ad dorre In respor�se to <br />such deTault or pursuarrt to such notice of default; and, notwithstanding the conUnuance fn po�ssion of <br />the Property or the collection, receipt and applicatlon of rents, issues or proflts, Trust� or Lender shall <br />be entitled to exerdse every right provided for in the Note or the Related Dax�ments or by law upon the <br />oocurrence of any everrt of default, induding the rfght to exerdse the power of sale; <br />(b) Commenc�e an action to foreclose thfs Deed of Trust as a mortgage, appoirrt a re�Ner or specfflcally <br />enforoe any of the c�ovenants hereof; arid <br />(c) DeUver to Trustee a written dedaration of default and demand for sale and a w�itten notice of default <br />and electlon to cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be <br />duly flled for record in the appropriate offlces of the County in which the Properly is located; and <br />