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2022077x58 Collateral in its then present condition, that the Lender and/or the Trustee has no duty to repair or clean the Collateral prior to sale, and that the disposal of the Collateral in its present condition or without repair or clean-up shall not affect the commercial reasonableness of such sale or disposition. The Lender's and/or the Trustee's compliance with any applicable state or federal law requirements in connection with the disposition of the Collateral will not adversely affect the commercial reasonableness of any sale of the Collateral. In connection with the right of the Lender and/or the Trustee to take possession of the Collateral, the Lender and/or the Trustee may, without liability on the part of the Lender and/or the Trustee, take possession of any other items of property in or on the Collateral at the time of taking possession and hold them for the Grantor. If there is any statutory requirement for notice, that requirement shall be met if the Lender and/or the Trustee sends notice to the Grantor at least ten (10) days prior to the date of the sale, disposition, or other event giving rise to the required notice. Upon the request of the Lender and/or the Trustee, the Grantor shall execute and file such financing statements or similar records and shall take any other action requested by the Lender and/or the Trustee to perfect and continue as perfected the Lender's and/or the Trustee's security interests in the Equipment and other personal property included in the definition of the Premises. The Grantor shall pay (and shall reimburse the Lender and/or the Trustee for) all costs, including attorneys' fees and court costs, of the preparation and filing of any financing statements and the taking of any such other actions. A carbon, photographic or other reproduction of this Deed of Trust is sufficient as, and can be filed as, a financing statement. The Lender and/or the Trustee is irrevocably appointed the Grantor's attorney-in-fact to execute any financing statement or similar record on the Grantor's behalf covering the Equipment and other personal property, tangible or intangible, that is included within the definition of Premises. Additionally, if permitted by applicable law, the Grantor authorizes the Lender and/or the Trustee to file one or more financing statements or similar records related to the security interests created by this Deed of Trust and further authorizes the Lender and/or the Trustee, instead of the Grantor, to sign such financing statements or similar records. The Grantor shall execute and deliver, or cause to be executed and delivered, such other documents as the Lender and/or the Trustee may from time to time request to perfect or to further evidence the security interest created in the Collateral by this Deed of Trust. The Grantor further represents and warrants to the Lender that (a) its principal residence or chief executive office is at the address shown above and (b) the Grantor's name as it appears in this Deed of Trust is identical to the name of the Grantor appearing in the Grantor's organizational documents, as amended, including trust documents. The Grantor will not, without the Lender's prior written consent, change (a) the Grantor's name, (b) the Grantor's business organization, (c) the jurisdiction under which the Grantor's business organization is formed or organized, or (d) the address of the Grantor's chief executive office or principal residence or of any additional places of the Grantor's business. 12. Reimbursement of Advances. If the Grantor fails to perform any of its obligations under this Deed of Trust, or if any action or proceeding is commenced which materially affects the Trustee's or the Lender's interest in the Premises (including but not limited to a lien priority dispute, eminent domain, code enforcement, insolvency, bankruptcy or probate proceedings), then the Lender at its sole option may make appearances, disburse sums and take any action it deems necessary to protect the Lender's and/or the Trustee's interests (including but not limited to disbursement of reasonable attorneys' fees and court costs and entry upon the Premises to make repairs). Any amounts disbursed shall become additional Liabilities, shall be immediately due and payable upon notice from the Lender to the Grantor, and shall bear interest at the highest rate permitted under any of the instruments evidencing any of the Liabilities. The Lender's rights under this Section shall be in addition to all other rights and remedies of the Lender and/or the Trustee under this Deed of Trust and the other Related Documents. Any action taken by the Lender under this Section shall not be construed as curing any default that gave rise to such action by the Lender. 13. Due on Transfer. If all or any part of the Premises or any interest in the Premises is transferred without the Lender's prior written consent, the Lender may, at its sole option, declare the Liabilities to be immediately due and payable. 14. No Additional Lien. The Grantor covenants not to execute any mortgage, deed of trust, security agreement, assignment of leases and rentals or other agreement granting a lien against the interest of the Grantor in the Premises without the prior written consent of the Lender, and then only when the document granting that lien expressly provides that it shall be subject to the lien of this Deed of Trust for the full 10