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DocuSign Envelope ID:758215CF-OA18-45F8-8807-AB9OF35D5BA2 <br /> Lender to make partial release or releases of security hereunder (whether or not such releases are <br /> required by agreement among the parties) agreeable to Trustee and Lender without notice to or <br /> the consent, approval or agreement of other names and interest, including junior lienors and <br /> purchasers subject to this which partial release or releases shall not impair in any manner the <br /> validity of or priority of this Deed of Trust on the Premises remaining hereunder, nor release <br /> Borrower from liability for the indebtedness hereby secured. Notwithstanding the existence of <br /> any other security interests in the Premises held by Lender or by any other party, Lender shall <br /> have the right to determine the order in which any or all of the Premises shall be subjected to the <br /> remedies provided herein. Lender shall have the right to determine the order in which any or all <br /> portions of the indebtedness secured hereby are satisfied from the proceeds realized upon the <br /> exercise of the remedies provided herein. Borrower and any party who consents to this who has <br /> actual or constructive notice hereof hereby waives any and all right to require the marshaling of <br /> assets in connection with the exercise of any of the remedies permitted by applicable law or <br /> provided herein. <br /> 10. Additional Financing Prohibited. Borrower may not pledge or encumber the Premises <br /> herein conveyed without first obtaining Lender's written consent. <br /> 11. Uniform Commercial Code Security Agreement. This Deed of Trust is intended to be <br /> a security agreement with respect to items referred to herein which may be subject to a security, <br /> interest pursuant to the Uniform Commercial Code, and Borrower hereby grants Lender a <br /> security interest in said items. Borrower agrees that Lender may file this Deed of Trust as a <br /> financing statement, and at Lender's request agrees to execute such financing statements, <br /> extensions or amendments as Lender may require to perfect a security interest with respect to <br /> said items. In the event of default, Lender shall have, in addition to its other remedies, all rights <br /> and remedies provided for in the Uniform Commercial Code as enacted in North Carolina. <br /> 12. Events of Default. Any of the following shall constitute an "Event of Default" <br /> hereunder: <br /> a. The failure to make when due any payment, whether of principal or interest under the <br /> Note; <br /> b. The failure to make any other payment to Lender required by the Loan Documents <br /> within ten (10) days after notice from Lender directing Borrower to make the <br /> payment,but in any event before the same is past due; <br /> c. Any covenant, representation, warranty made by Borrower or material Information <br /> supplied to the Lender proves to be materially false or misleading when made or <br /> given; the transfer of all or part of the Premises (including a beneficial interest) <br /> without Lender's prior written consent; <br /> d. The death, dissolution, merger, consolidation or termination of existence of Borrower <br /> or any guarantor hereof or the transfer of any beneficial interest in Borrower without <br /> Lender's prior written consent(if Borrower is a married couple, the death of Borrower <br /> means the death of the survivor of the married couple); <br /> 27 <br />