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a. Beneficiary's declaration of an Event of Developer Default under any Loan <br /> Document, subject to the expiration of any applicable cure period set forth in such document; <br /> b. Trustor fails to perform any monetary obligation which arises under this Deed of <br /> Trust, and does not cure that failure within ten (10) days following written notice from <br /> Beneficiary or Trustee; <br /> c. If Trustor's interest in the Property or any part thereof is voluntarily or <br /> involuntarily sold, transferred, leased, encumbered, or otherwise conveyed in violation of <br /> Section 7.6 hereof or if any other Transfer occurs in violation of the OPA; <br /> d. Trustor fails to maintain the insurance coverage required hereunder and fails to <br /> cure such default within ten (10) days, or Developer otherwise fails to comply with the <br /> requirements of Section 7.10 hereof and Trustor fails to cure such default within the applicable <br /> time specified in Section 7.10; <br /> e. Subject to Trustor's right to contest such charges as provided herein,Trustor fails <br /> to pay taxes or assessments due on the Land or the Improvements or fails to pay any other charge <br /> that may result in a lien on the Land or the Improvements, and Trustor fails to cure such default <br /> within 30 days of the date of delinquency,but in all events prior to the imposition of any such <br /> lien; <br /> f. Any representation or warranty of Trustor contained in or made in connection <br /> with the execution and delivery of this Deed of Trust or in any certificate or statement furnished <br /> pursuant hereto or in any other Loan Document proves to have been false or misleading in any <br /> material adverse respect when made; <br /> g. If,pursuant to or within the meaning of the United States Bankruptcy Code or any <br /> other federal or state law relating to insolvency or relief of debtors ("Bankruptcy Law"), <br /> Trustor or any general partner thereof(i) commences a voluntary case or proceeding; (ii) <br /> consents to the entry of an order for relief against Trustor or any general partner thereof in an <br /> involuntary case; (iii) consents to the appointment of a trustee, receiver, assignee, liquidator or <br /> similar official for Trustor or any general partner thereof; (iv) makes an assignment for the <br /> benefit of its creditors; or(v) admits in writing its inability to pay its debts as they become due; <br /> h. If a court of competent jurisdiction enters an order or decree under any <br /> Bankruptcy Law that (i) is for relief against Trustor or any general partner thereof in an <br /> involuntary case, (ii) appoints a trustee, receiver, assignee, liquidator or similar official for <br /> Trustor or any general partner thereof or substantially all of such entity's assets, (iii) orders the <br /> liquidation of Trustor or any general partner thereof, or(iv) issues or levies a judgment, writ, <br /> warrant of attachment or similar process against the Property or the Project, and in each case the <br /> order or decree is not released, vacated, dismissed or fully bonded within 60 days after its <br /> issuance; <br /> i. The holder of any other debt instrument secured by a mortgage or deed of trust on <br /> the Property or part thereof declares an event of default thereunder and exercises a right to <br /> declare all amounts due under that debt instrument immediately due and payable, subject to the <br /> expiration of any applicable cure period set forth in such holder's documents; <br /> 144\221\1596079.2 <br />