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<br />200901437 <br /> <br />repay the Obligations, but shall extend the lien created by this Deed of Trust as against the title <br />of all parties having any interest in the Property. <br /> <br />3.11 Further Assurances. Trustor agrees that, upon the request of Beneficiary from <br />time to time, it will, at Trustor's sole cost and expense, execute, acknowledge and deliver all <br />such additional instruments and further assurances of title and will do or cause to be done all <br />such further acts and things as may reasonably be necessary to fully effectuate the intent of this <br />Deed of Trust. In the event that Trustor shall fail to do any of the foregoing, Beneficiary may, in <br />its sole discretion, do so in the name of Trustor, and Trustor hereby appoints Beneficiary as its <br />attorney-in-fact to do any ofthe foregoing. <br /> <br />3.12 Perfonnance of Lease Agreement. Trustor shall, at all times, fully perform and <br />comply with all agreements, covenants, terms and conditions imposed upon or assumed by it as <br />the lessee under the Lease Agreement, and if Trustor shall fail so to do, Beneficiary may, at its <br />option, take any action it deems necessary or desirable to prevent or to cure any default by <br />Trustor in the performance of or compliance with any of the covenants or obligations of Trustor <br />under the Lease Agreement. Upon receipt of any written notice of default by the lessee under the <br />Lease Agreement provided by the Lessor or otherwise under the Lease Agreement to <br />Beneficiary, Benficiary may rely thereon and take any action as aforesaid to cure such default <br />even though the existence of such default or the nature thereof be questioned or denied by <br />Trustor or any party on behalf of Trustor. Trustor hereby expressly grants to Beneficiary and <br />agrees that the Beneficiary shall have, the absolute and immediate right to enter in and upon the <br />Premises, or any part thereof, to such extent and as often as Beneficiary in its sole discretion, <br />deems necessary or desirable, in order to prevent or to cure any such default by Trustor. <br />Beneficiary may pay and expend such sums of money as Beneficiary, in its sole discretion, <br />deems necessary for any such purpose, and Trustor hereby agrees to pay to Beneficiary, <br />immediately and without demand, all such sums so paid and expended by Beneficiary, together <br />with interest thereon from the date of each such payment at the rate of interest provided in the <br />Notes. All sums so paid and expended by Beneficiary, with interest thereon as provided <br />hereinbefore, shall be added and be secured by the lien of this Deed of Trust. <br /> <br />3.13 Modification of Lease Agreement. Trustor shall not surrender the Premises and <br />interest hereinbefore described, nor terminate or cancel the Lease Agreement, and Trustor shall <br />not, without the prior written consent of Beneficiary, modify, change, supplement, alter or amend <br />the Lease Agreement, either orally or in writing, and, as further security for the repayment of the <br />Secured Indebtedness and for the performance of the covenants contained herein and the <br />covenants contained in the Lease Agreement, Trustor hereby assigns to Beneficiary all of <br />Trustor's rights, privileges and prerogatives as the lessee under the Lease Agreement to <br />terminate, cancel, modify, change, supplement, alter or amend the Lease Agreement, and any <br />such termination, cancellation, modification, change, supplement, alteration or amendment of the <br />Lease Agreement, without the prior written consent thereto by Beneficiary, shall be void and of <br />no force or effect. So long as there is no breach of or default under any of the covenants or <br />agreements herein contained to be performed by Trustor, or in the performance by Trustor of any <br />of the terms, covenants and conditions contained in the Lease Agreement, Beneficiary shall have <br />no right to terminate, cancel, modify, change, supplement, alter or amend the Lease Agreement. <br /> <br />- 9 - <br />