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times Trustor will execute and deliver to Trustee any and all such further assurances, deeds of trust, conveyances or assignments thereof as Trustee or Beneficiary may reasonably require for the purpose of expressly and specifically subjecting the same to the lien of this Deed of Trust. 1.08 Security Agreement. This Deed of Trust shall be self - operative and constitute a Security Agreement under the Uniform Commercial Code of the Governing Jurisdiction, as amended from time to time, with respect to the Fixtures; provided, however, Trustor hereby agrees to execute and deliver on demand and hereby irrevocably constitutes and appoints Beneficiary the attorney -in -fact of Trustor, to execute, deliver and, if appropriate, to file with the appropriate filing officer or office such security agreements, financing statements or other instruments as Beneficiary may reasonably request or require in order to impose or perfect the lien or security interest hereof more specifically thereon. 1.09 Assignment of Rents and Profits. (a) The Rents and Profits are hereby absolutely and unconditionally assigned, transferred, conveyed and set over to Beneficiary to be applied by Beneficiary in payment of the Obligations and of all other sums payable under this Deed of Trust. Prior to the happening of any Events of Default as set forth in Article II hereof, Trustor shall collect and receive all Rents and Profits as trustee for the benefit of Beneficiary and shall apply the amount so collected first to the payment of the Obligations and to the payment of all other sums then due and payable under this Deed of Trust. Thereafter, so long as no Events of Default has occurred, the balance shall be distributed to the account of Trustor. Nothing contained in this Section 1.09 or elsewhere in this Deed of Trust shall be construed to make Beneficiary a mortgagee in possession unless and until Beneficiary actually takes possession of the Property either in person or through an agent or receiver. (b) Trustor will not (i) execute an assignment of any of its right, title or interest in the Rents and Profits, or (ii) except where the lessee is in default thereunder, terminate or consent to the cancellation or surrender of any lease of the Property or of any part thereof, now existing or hereafter to be made, having an unexpired term of two (2) years or more, or (iii) modify any lease of the Property or any part thereof so as to shorten the unexpired term thereof or so as to decrease the amount of rent payable thereunder, or (iv) accept prepayments of any installments of rent to become due under any of said leases in excess of one (1) month's rental or prepayments in the nature of security for the performance of the lessee's obligations thereunder in excess of an amount equal to one (1) month's rental, or (v) in any other manner materially impair the value of the Property or the security of this Deed of Trust. (c) Trustor will not execute any lease of all or a substantial portion of the Property, except for actual occupancy by each lessee thereunder and will at all times promptly and faithfully perform, or cause to be performed, all of the covenants, conditions and agreements contained in all leases of the Property now or hereafter existing, on the part of the lessor thereunder to be kept and performed. 7 201605317