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- 70 - 2014004 the Mortgaged Property or the ownership thereof, then, unless a contrary intent is manifested by Lender as evidenced by an appropriate document duly recorded, this Security Instrument and the lien hereof shall not merge in such other or additional interests in or to the Mortgaged Property, toward the end that this Security Instrument may be foreclosed as if owned by a stranger to said other or additional interests. 59. Rights With Respect to Junior Encumbrances. In case of any junior encumbrance whether prohibited or not by the Security Instrument, any person or entity purporting to have or to take a junior mortgage or other lien upon the Mortgaged Property or any interest therein shall, to the extent permitted by applicable law, be subject to the rights of Lender to amend, modify, increase, vary, alter or supplement this Security Instrument, the Note or any of the other Loan Documents, and to extend the maturity date of the indebtedness secured hereby, and to increase the amount of such indebtedness, and to waive or forebear the exercise of any of its rights and remedies hereunder or under any of the other Loan Documents and to release any collateral or security for such indebtedness, in each and every case without obtaining the consent of the holder of such junior lien and without the lien or security interest of this Security Instrument losing its priority over the rights of any such junior lien. 60. Fixture Filing. This Security Instrument shall be effective from the date of its recording as a financing statement filed as a fixture filing with respect to all goods constituting part of the Mortgaged Property which are or are to become fixtures and are owned by Borrower. This Security Instrument shall also be effective as a financing statement covering minerals or the Iike (including oil and gas) and is to be filed for record in the real estate records of the county where the Premises is situated. The mailing address of Borrower and the address of Lender from which information conceming the security interests may be obtained are set forth above and on Schedule A, as applicable. 61. After - Acquired Mortgaged Property. All property acquired by Borrower after the date of this Security Instrument which by the terms of this Security Instrument shall be subject to the lien and the security interest created hereby, shall immediately upon the acquisition thereof by Borrower and without further mortgage, conveyance or assignment become subject to the lien and security interest created by this Security Instrument. Nevertheless, Borrower shall execute, acknowledge, deliver and record or file, as appropriate, all and every such further mortgages, security agreements, financing statements, assignments and assurances as Lender shall require for accomplishing the purposes of this Security Instrument. In the case of Mortgaged Property located in Texas or California, the provisions of this paragraph 61 shall apply only to after- acquired property relating to the property described on Exhibit A hereto. 62. No Representation. By accepting delivery of any item required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument and the other Loan Documents, including, but not limited to, any officer's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance of delivery thereof shall not be or constitute any warranty, consent or affirmation with respect thereto by Lender.