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200905829 2.13 Fixture Filing. From the date of its recording, this Deed of Trust shall be effective as a financing statement filed as a fixture filing under the Uniform Commercial Code with respect to the Improvements and for this purpose the name and address of the debtor is the name and address of the Trustor as set forth in this Deed of Trust and the name and address as secured party is the name and address of the Beneficiary as set forth in this Deed of Trust. The Property includes goods owned by Trustor which are or may become so affixed to real property as to become fixtures and products and proceeds of the Property. If any of the Property is of a nature such that a security interest therein can be perfected under the Uniform Commercial Code, this Deed of Trust shall also constitute the grant of a security interest to the Beneficiary and serve as a Security Agreement, and Trustor hereby authorizes Beneficiary to file one or mare financing or continuation statements, and amendments thereto, relative to all or any part of the Property without the signature of Trustor at any time after the execution of this Deed of Trust, and hereby ratifies any thereof filed prior to the execution of this Deed of Trust. ARTICLE III. RIGHTS AND DUTIES OF THE BENEFICIARY In addition to all other rights (including setoff) and duties of the Beneficiary under the Loan Documents which are expressly incorporated herein as a part of this Deed of Trust, the following provisions will also apply: 3.1 Beneficiary Authorized to Perform for Trustor, If the Trustor fails to perform any of the Trustor's duties or covenants set forth in this Deed of Trust prior to the expiration of any applicable notice and cure periods, the Beneficiary may perform the duties or cause them to be performed, including, without limitation, signing the Trustor's name or paying any aamount so required, and the cost, with interest at the default rate set forth in the Loan Documents, will immediately be due from the Trustor to the Beneficiary from the date of expenditure by the Beneficiary to date of payment by the Trustor, and will be one of the Obligations secured by this Deed of Trust. All acts by the Beneficiary are hereby ratified and approved, and the Beneficiary will not be liable for any acts of commission or omission, nor for any errors of judgment or mistakes of fact or law. ARTICLE N. DEFAULTS AND REMEDIES The Beneficiary may enforce its rights and remedies under this Deed of Trust upon the occurrence of an Event of Default under and as defined in the Loan Agreement. Upon the occurrence of such an Event of Default, the Beneficiary may declare the Obligations to be immediately due and payable. 4.1. Remedies. In addition to the remedies for an Event of Default set forth below and in the other Loan Documents, including acceleration, the Beneficiary, upon the occurrence of any Event of Default, will have all other rights and remedies available by law or equity. Upon the occurrence of an Event of Default, Beneficiary may exercise the following remedies: (a) Enforcement of Assignment of Rents and Leases. Beneficiary may: #1407888 vG den Page 6