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20140040 <br />6. Paragraph 60 of this Security Instrument is hereby amended in its entirety to read <br />as follows: <br />Fixture Filing. This Security Instrument shall be effective from the date of its recording as a <br />financing statement filed as a fixture filing with respect to all goods constituting part of the <br />Mortgaged Property which are or are to become fixtures and are owned by Borrower. This <br />Security Instrument shall also be effective as a financing statement covering minerals or the like <br />(including oil and gas) and is to be filed for record in the real estate records of the county where <br />the Premises is situated. The mailing address of Borrower, as debtor, and the address of Lender, <br />as secured party, from which information concerning the security interests may be obtained are <br />set forth above and on Schedule A, as applicable. <br />7. The following provisions are added immediately following the last paragraph of <br />this Security Instrument: <br />Substitution of Deed of Trust Trustee. Lender shall at any time and from time to time <br />have the irrevocable right to remove the Deed of Trust Trustee as deed of trust trustee <br />without notice or cause and to appoint the Deed of Trust Trustee's successor by an <br />instrument in writing, duly acknowledged, in such form as to entitle such written <br />instrument to be recorded in the State of North Carolina in the county where the <br />Mortgaged Property is located, and in the event of the death or resignation of the Deed of <br />Trust Trustee, Lender shall have the right to appoint the Deed of Trust Trustee's <br />successor by such written instrument, and any substitute deed of trust trustee so appointed <br />shall be vested with the title to the Mortgaged Property, and shall possess all the powers, <br />duties and obligations herein conferred on the Deed of Trust Trustee in the same manner <br />and to the same extent as though the substitute deed of trust trustee were originally <br />named herein as the Deed of Trust Trustee. <br />Future Advances. This Security Instrument is given to secure all present and future <br />obligations of Borrower to Lender. For purposes of complying with N.C.G.S. Section <br />45 -67 et seq., the period in which future obligations may be incurred and secured by this <br />Deed of Trust is the period between the date hereof and thirty (30) years from the date <br />hereof. The principal amount that may be so secured may decrease or increase from time <br />to time, but the maximum principal amount, including present and future obligations <br />which may be secured by this Security Instrument at any one time is $8,200,000.00, plus <br />all interest, costs, reimbursements, fees and expenses due under this Security Instrument <br />and secured hereby. Any additional amounts advanced by the Lender pursuant to the <br />provisions of this Security Instrument shall be deemed necessary expenditures for the <br />protection of the security. The Borrower need not sign any instrument or notation <br />evidencing or stipulating that future advances are secured by this Security Instrument. <br />North Carolina Law. Notwithstanding anything in this Security Instrument to the <br />contrary, any provisions of this Security Instrument that contradict the requirements and <br />procedures (now or hereafter existing) of North Carolina law shall be resolved in favor of <br />North Carolina law. In particular and without limiting the foregoing, nothing in this <br />Security Instrument dealing with foreclosure procedures which specifies any particular <br />- 126 <br />