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200802163 all legal and beneficial interests in the Trust Estate, and shall remain the owner of the entire Trust Estate and all legal and beneficial interests therein free and clear of any liens or encumbrances (other than liens in favor of Lender). Trustor covenants not to grant or suffer to exist, and Trustor covenants to pay and promptly discharge, at Trustor's sole cost and expense, all liens and encumbrances upon the Trust Estate. Trustor covenants to notify Lender immediately in writing of any such lien or encumbrance. Trustor may contest in good faith the validity of any involuntary lien or encumbrance, provided that if Trustor loses such contest, Trustor will thereafter diligently proceed to cause such lien or encumbrance to be removed and discharged, at Trustor's sole cost and expense. If Trustor fails to remove or discharge any lien or encumbrance, then, in addition to any other right or remedy of Lender, Lender may, after only such notice to Trustor as may be reasonable under the then existing circumstances, but shall not be obligated to, discharge the same, either by paying the amount claimed to be due, or by procuring the discharge of such lien or encumbrance. Such costs and expenses, with interest thereon at the Default Rate from the date incurred until paid, shall be payable by Trustor upon demand, are secured by the lien of this Deed of Trust and are part of the Obligations. 2.9 Leases. If the Premises are subject to a Lease, Trustor shall cause the tenant under each such Lease to comply with Trustor's obligations contained in this Article 2; provided, however, this requirement shall not relieve or release Trustor from any of its obligations under this Article 2 or elsewhere in any of the Loan Documents. ARTICLE 3 SECURITY AGREEMENT; FIXTURE FILING 3.1 Grant of Securitv Interest. As further security for the payment and performance of the obligations, Trustor grants to Lender a lien on and security interest in and to all of the Personal Property (collectively, the "UCC Collateraf'), and this Deed of Trust constitutes a security agreement with Trustor, as the debtor, and Lender, as the secured party. Lender confirms that, notwithstanding the inclusion of general intangibles as part of the DCC Collateral and the creation, attachment and perfection of Lender's lien on and security interest in general intangibles in accordance with the provision of Section 9-408(a) of the DCC, such creation, attachment and perfection is subject to the limitations imposed by Section 9-408(d) of the UCe. 3.2 Fixture FilinlZ. This Deed of Trust shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Trust Estate and is to be filed for record in the real estate records of each county where any part of the Trust Estate (including said fixtures) is situated. The mailing address of Trustor is the address of Trustor set forth in the introductory paragraph in this Deed of Trust, and the address of Lender from which information concerning the Liens may be obtained is the address of Lender as set forth in the introductory paragraph of this Deed of Trust. 3.3 Covenants ConceminlZ the DCC Collateral. Trustor will (a) keep all of the tangible DCC Collateral at the Premises; (b) use the DCC Collateral only in its trade or business; (c) maintain all of the tangible DCC Collateral in good operating order and repair, normal wear and tear excepted; (d) use and maintain the DCC Collateral only in compliance with manufacturers recommendations and all requirements oflaw; (e) keep all of the DCC Collateral free and clear of any and all liens, including purchase money liens, other than those in favor of 4842-8419-5330.1 6