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awarded to Trustor (not exceeding the amount then due to Beneficiary pursuant to the Loan Documents) are hereby assigned to Beneficiary, and Trustor shall execute such further assignments of such proceeds as Beneficiary or Trustee may require. Section 3.09. Due on Sale and Due on Encumbrance. Trustor shall not (a) sell or transfer all or any part of the Property or any interest therein, including, but not limited to, by an option to sell, a sale or transfer by deed or land contract, or by contract for deed or (b) encumber, pledge, or mortgage all or any part of the Property or any interest therein, in either case without Beneficiary's prior written consent. In the event of a violation of the provisions of this Section 3.09, Beneficiary may, at its option, declare all the sums secured by this Deed of Trust to be immediately due and payable. FNBO /Nova -Tech Deed of Trust DOCS/1660316.5 ARTICLE IV RIGHTS OF TRUSTEE AND BENEFICIARY ARTICLE V COMPENSATION, EXCULPATION, INDEMNIFICATION 9 201605326 Section 4.01. Releases, Extensions, Modifications, and Additional Security. From time to time, Beneficiary may perform any of the following acts without incurring any liability, impairing the security of this Deed of Trust, or giving notice to any person: (i) release any person liable for payment of any Secured Obligation; (ii) extend the time for payment, or otherwise alter the terms of payment, of any Secured Obligation; (iii) accept additional real or personal property of any kind as security for any Secured Obligation, whether evidenced by deeds of trust, mortgages, security agreements, or any other instruments of security; or (iv) alter, substitute, or release any property securing the Secured Obligations. Section 4.02. Substitution of Trustee. From time to time, Beneficiary may substitute a successor to any Trustee named in or acting under this Deed of Trust by a written instrument executed and acknowledged by Beneficiary and recorded in the office of the recorder of the county where the Land and Improvements are situated. Any such instrument is conclusive proof of the proper substitution of the successor Trustee, who will automatically upon recordation of the instrument succeed to all estate, title, rights, powers, and duties of the predecessor Trustee. Section 4.03. Acts of Trustee. When requested to do so by Beneficiary in writing, Trustee may perform any of the following acts without incurring any liability or giving notice to any person: (i) consent to the making of any plat or map of the Property or any part of it; (ii) join in granting any easement or creating any restriction affecting the Property; or (iii) join in any subordination or other agreement affecting this Deed of Trust or the lien of it. Section 4.04. No Release. If either Beneficiary or Trustee performs any act that it is empowered or authorized to perform under this Deed of Trust, including any act permitted by Section 4.01, Section 4.02, or Section 4.03 above, that act alone does not release or change the personal liability of any person for the payment and performance of the Secured Obligations then outstanding, or the lien of this Deed of Trust on all or the remainder of the Property for full payment and performance of all outstanding Secured Obligations. Section 5.01. Compensation. Trustor agrees to: (a) pay the reasonable fees charged by Beneficiary and Trustee for any services that Beneficiary or Trustee may render in