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��14��133 r�medies. This S�curity Instrument canstitutes a fixture f�ling financing stat�ment with respect to any part of the Mor�gaged Pr�p�rty which is ar may�ecome a Fixture and which s�all be filed in the local real estate r�cords. �b} In additian, to the extent the UCC�Collateral may exclude any of the Mortgaged Property, B�rrower h�reby grants to Lender a security interest in any and a�l of the present or hereafter acquired Martgaged Prop�rty, and a�l products, cash proceeds and nan-cash proceeds thereof. �c} The Borrower acknowledges and agr�es that, in applying the law of any jurisdiction that at any time ena�ts all or substant�ally all of the uniform pro�isions of Revised Art�cle 9 of the U�C �1999 �fficial Text, as amended�, the definition of Mortgaged Prnperty and the aba�e collateral descr�ptian co�ers all assets of Borrower. 3. ��NTR�L �F DEP�SIT ACC�UNTS. As par��f the consideration for the Indebt�dness, Borrovv�r has executed, or has caused�perator ar�d Master Tenant to execute, �ne or mare deposit account control agreements or similar agreem�nts in a form appro�ed by Lender and HUD,pursuant to which Borrower, Master T�nant, or�perator, as applicabie, acknow�edges Lender as a secured party, and grants to Lender cantrol �as defined in Section 9-1 U4 of the UCC� af one or mor�deposit accounts of the Project and all cash, m�neys and oth�r property on deposit from time to tim�therein. Lender shall ex�rcise such control in accordance with such deposit acc�unt control agreements or similar agreements, and Barrower sha1� continue ta execute or cause to be executed such deposit account cantrol agreements nr similar agreements with resp�ct to the Project's accounts as required by Lender and H[JD. 4. ASSIGNMENT �F LEASES; LEASES AFFE�TIN�THE M�RTGA�ED PRUPERTY. �a} As part af the consideration far the Indebt�dness, Borr�wer absalut�ly and unconditionally assigns and transfers to Lender all of B�rrower's rights,title and interest�n, to and under the Leases, including Borrower's right, power and auth�rity to modify the terms af any such Lease, or extend or terminate any such Lease. It is the intention of Barrower to esta�lish a present, absolute and irre�ocable transfer ar�d assignment t�Lender of all of Borr�wer's right,title and �nterest in,to and under the Leases. Borr�wer and Lender �ntend this assignment of the Leases to be imm�diately effecti�e and to constitute an abso�ute pres�nt assignment and not an assignment for additi�nal security only. For purposes of gi�ing�ffect to this absalute assignment af the Leases, and for no other purpose, the Leases shall not be deemed to be a part of the Mor�gaged Property. Howe�er, if this present, absolute and unconditiana� assignment of L�ases is not enforceable by its terms under the iaws of the Praperty Jurisdiction, then the Leases shall be included as a part af the M�rtgaged Property and it is the intention of Borro�ver that in this circumstance this Se�urity Instrument create and perfect a lierr on the Leases in fa�or of Lender,wh�ch lien shall be effective as of the date of this Security Instrument. tb} Until Lender gives Notice to Borrovver af Lender's exercise af its rights und�r this Section 4, Borrawer sha11 have all rights, power and authority granted to Borrower under any Lease (except as otherwise iim�ted by this Se�tion or any other provisian of th�s Security Instrument}, inc�uding the right,power and authority ta modify the terms of any Lease or extend Previous�ersions absolete Page 14 of 4� farm HUU-94�D�-4RCF�Rev.fl3113}