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�o��oi��o Deed of Trust, then, in addition to having any other right or remedy available at law or in equity, Beneficiary shall have the option of either (i) proceeding under the Code and exercising such rights and remedies as may be provided to a secured party by the Code with respect to a11 or any portion of the Mortgaged Property which is personal property (including, without limitation, taking possession of and selling such property) or (ii) treating such property as real property and proceeding with respect to both the real and personal property constituting the Mortgaged Property in accordance with Beneficiary's rights, powers and remedies with respect to the real property (in which event the default provisions of the Code shall not apply). If Beneficiary shall elect to proceed under the Code, then ten (10) Business Days' written notice of sale of the personal property shall be deemed reasonable notice and the reasonable expenses of retaking, holding, preparing for sa1e, selling and the like incurred by Beneficiary shall include, but not be limited to, attorneys' fees and legal expenses. At Beneficiary's request, Grantor shall assemble the personal property. (if applicable) and make it available to Beneficiary at a reasonable location, as designated by Beneficiary. (b) Grantor and Beneficiary agree, to the extent permitted by law, that: (i) all of the goods described within the definition of the word "Equipment" are or are to become fixtures on the Real Estate; (ii) this Deed of Trust upon recording or registration in the real estate records of the proper office shall constitute a financing statement filed as a "fixture filing" in accordance with the Uniform Commercial Code; (iii) Grantor is the record owner of the Land (as hereinafter defined); and (iv) the addresses of Grantor and Beneficiary are as set forth on the first page of this Deed of Trust. 24. Future Advances. It is the intention of Grantor and Beneficiary that this Deed of Trust (as renewed and extended from time to time) shall secure future advances and readavances, and the lien and security interest created by this Deed of Trust shall attach upon execution and have priority from the time of recording as to all advances, whether obligatory or discretionary, until this Deed of Trust is released of record. 25. Assignment of Rents. (a) Grantor hereby assigns to Beneficiary the Rents as further security for the payment of and performance of the Lender Obligations, and Grantor grants to Beneficiary the right to enter the Mortgaged Property for the purpose of collecting the same and to let the Mortgaged Property or any part thereof, and to apply the Rents on account of the Lender Obligations. The foregoing assignment and grant is present, irrevocable and absolute and shall continue in effect until the Lender Obligations are fully paid and performed, but Beneficiary hereby waives the right to enter the Mortgaged Property for the purpose of collecting the Rents and Grantor shall be entitled to collect, receive, use and retain the Rents until the occurrence of an Event of Default under this Deed of Trust; such right of Grantor to collect, receive, use and retain the Rents may be immediately and automatically revoked by Beneficiary without the necessity of any action of Beneficiary upon the occurrence (and during the continuance o fl of any Event of Default under this Deed of Trust by written notice of such revocation to Grantor; in the event such notice is given, Grantor shall pay over to Beneficiary, or to any receiver appointed to collect the Rents, any lease security deposits, and, if the Mortgaged Property is not under Tower Lease by a third-party, Grantor shall pay l 2187-5273/L.EGAL17750578.4 5/1/ ]016