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200500259 landlord or tenant, at a reasonable rental per day based upon the value of the property occupied, such rental to be due daily to the purchaser. In the event the tenant fails to surrender possession of said property upon demand, the purchaser shall be entitled to institute and maintain an action for forcible entry and detainer of said property in the Justice of the Peace Court in the Justice Precinct in which such property, or any part thereof, is situated. (n) If, following the occurrence of a Default and the acceleration of the secured indebtedness but prior to the foreclosure of this Deed of Trust against the Mortgaged Property, Debtor shall tender to Secured Party payment of an amount sufficient to pay the entire secured indebtedness, such tender shall be deemed to be a voluntary prepayment and, consequently, Debtor shall also pay to Secured Party any charge or premium required to be paid in order to prepay principal and, if such principal payment is made during any period when prepayment is prohibited by this Deed of Trust, or the Loan Documents, the applicable charge or premium shall be the maximum prepayment penalty provided for in the Loan Documents; provided, however, that in no event shall any amount payable under this Section 5.1(n), when added to the interest otherwise payable on the secured indebtedness, exceed the maximum interest permitted under applicable law. (o) Upon any foreclosure of the Mortgaged Property pursuant to this Deed of Trust, Secured Party shall have the right to cancel any policy of insurance covering all or any part of the Mortgaged Property and shall be entitled to receive any unearned premiums from such policy. The unearned premiums received by Secured Party shall be applied in the same manner as provided in Section 5.1(fl of this Deed of Trust above regarding the application of proceeds of sale of the Mortgaged Property. (p) If Debtor has failed to keep or perform any covenant whatsoever contained in this Deed of Trust or the other Loan Documents, Secured Party may, but shall not be obligated to any person to do so, perform or attempt to perform said covenant, and any payment made or expense incurred in the performance or attempted performance of any such covenant shall constitute a demand obligation owing by Debtor and shall bear interest from the date of expenditure until paid at the Default Rate. No such payment by Secured Party shall constitute a waiver of any Default. ARTICLE 6 Miscellaneous Section 6.1 Scope of Deed of Trust. This Deed of Trust is a deed of trust and security interest of both real and personal property, a security agreement, a financing statement and an assignment, and also covers proceeds and fixtures. Section 6.2 Effective as a Financing Statement. This Deed of Trust shall be effective as a financing statement filed as a fixture filing covering all goods which are or are to become fixtures included within the Mortgaged Property and is to be filed for record in the real estate records of each county where any part of the Mortgaged Property (including said fixtures) is situated. The record owner of the real property described in Exhibit A attached hereto is TCP Communications LLC; in the event that TCP Communications LLC is not the record owner of the Land in fee simple, such record owner is identified on Exhibit A. This Deed of Trust shall DEED OF TRUST— Page 14