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<br />security agreement or financing statement shall be sufficient as a financing statement. In addition, Grantor
<br />agrees to execute and deliver to Lender, upon Lender's request, any financing statement, as well as
<br />extensions, renewals, and amendments thereof, and reproduction of this Instrument in such form as
<br />Lender may require to perfect a security interest with respect to the Collateral. Grantor shall pay all costs
<br />of filing such financing statement and any extensions, renewals, amendments, and releases thereof and
<br />shall pay all reasonable costs and expenses of any record searches for financing statements Lender may
<br />reasonably require.
<br />3.4 COVENANTS. Without Lender's prior written consent, Grantor shall not create or
<br />suffer to be created pursuant to the Texas UCC or any other applicable laws any other security interest in
<br />the Collateral, including replacements and additions thereto and any Collateral hereafter acquired. Grantor
<br />will preserve the liability of all obligors on any Collateral and will preserve the priority of all security
<br />therefor.
<br />3.5 DEFAULT AND REMEDIES. Subject to the provisions of Section 9.01 below, upon the
<br />occurrence of an Event of Default (as that term is defined in Article VIII below), including the covenants
<br />to pay when due all sums secured by this Instrument, Lender shall have the remedies of a secured party
<br />under the Texas UCC and, at Lender's option, may also invoke the power of sale and all other remedies
<br />provided in this Instrument as to the Collateral and any other items of the Property subject to this security
<br />interest. In exercising any remedies, Lender may proceed against the items of real property and any items
<br />of personal property specified above as part of the Property separately or together and in any order
<br />whatsoever, without in any way affecting the availability of Lender's remedies under the Texas UCC or
<br />of the remedies provided in this Instrument.
<br />3.6 NOTICE OF CHANGE. Grantor shall give advance notice in writing to Lender of any
<br />proposed change in Grantor's name, identity, or structure, as applicable, (which shall be subject to
<br />Lender's approval, such approval not to be unreasonably withheld, conditioned, or delayed) and shall
<br />execute and deliver to Lender, prior to or concurrently with the occurrence of any such change, all
<br />additional financing statements that Lender may require to establish and maintain the validity and priority
<br />of Lender's security interest with respect to the Property and the Collateral.
<br />3.7 FIXTURES. This Instrument constitutes a financing statement filed as a fixture filing
<br />under the Texas Uniform Commercial Code, as amended or recodified from time to time, covering any
<br />Property which now is or later may become a fixture attached to the Land or any building located thereon.
<br />Some of the items of the Collateral are goods that are or are to become fixtures affixed to or otherwise
<br />related to the Land. Grantor and Lender intend that, as to those goods, this Instrument shall be effective as
<br />a financing statement filed as a fixture filing from the date of its filing for record in the real estate records
<br />of the county in which the Property is situated. Information concerning the security interest created by
<br />this Instrument may be obtained from Lender, as secured party, at Lender's Address stated above. The
<br />mailing addresses of the Grantor, as debtor, is as stated above.
<br />ARTICLE IV
<br />ASSIGNMENT OF LEASES AND RENTS
<br />4.1 ABSOLUTE ASSIGNMENT. For valuable consideration, the receipt and sufficiency of
<br />which Grantor acknowledges, Grantor hereby grants, bargains, assigns, transfers, sets over, sells and
<br />conveys, the Leases and the Rents unto Lender; TO HAVE AND TO HOLD the Leases and the Rents
<br />unto Lender, forever, and Grantor does hereby bind himself and his heirs, executors, administrators,
<br />personal representatives, successors, and assigns to warrant and forever defend the title to the Leases and
<br />the Rents unto Lender against every person whomsoever lawfully claiming or to claim the same or any
<br />part thereof. Grantor and Lender intend this assignment of the Leases and the Rents to be absolute,
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