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license to possess and control the Mortgaged Property and to collect such rents, issues and profits <br />(but not more than one month in advance) prior to or at any time there is not an Event of Default <br />under any of the Loan Documents. The assignment of the rents, issues and profits of the <br />Mortgaged Property in this Article III is intended to be an absolute assignment from Trustor to <br />Beneficiary and not merely the passing of a security interest. <br />Section 3.02. Collection Upon Default. Upon any Event of Default under any of the <br />Loan Documents, Beneficiary may, at any time without notice, either in person, by agent or by a <br />receiver appointed by a court, and without regard to the adequacy of any security for the Secured <br />Obligations, enter upon and take possession of the Mortgaged Property, or any part thereof, and <br />in its own name sue for or otherwise collect such rents, issues and profits, including those past <br />due and unpaid, and apply the same, less costs and expenses of operation and collection, <br />including reasonable attorneys' fees, upon any Secured Obligations, and in such order as <br />Beneficiary may determine The collection of such rents, issues and profits, or the entering upon <br />and taking possession of the Mortgaged Property, or the application thereof as aforesaid, shall <br />not cure or waive any default or notice of default hereunder or invalidate any act done in <br />response to such default or pursuant to such notice of default. <br />ARTICLE IV <br />SECURITY AGREEMENT <br />19 <br />201 50207: - .1 <br />Section 4.01. Creation of Security Interest. With respect to any portion of the <br />Mortgaged Property which constitutes Personal Property, fixtures or other property governed by <br />the Uniform Commercial Code of the state in which the Property is located ( "UCC "), this Deed <br />of Trust shall constitute a security agreement between Trustor as the debtor and Beneficiary as <br />the secured party, and Trustor hereby grants to Beneficiary a security interest in such portion of <br />the Mortgaged Property. Cumulative of all other rights of Beneficiary hereunder, Beneficiary <br />shall have all of the rights conferred upon secured parties by the UCC. Trustor will execute and <br />deliver to Beneficiary all financing statements that may from time to time be required by <br />Beneficiary to establish and maintain the validity and priority of the security interest of <br />Beneficiary, or any modification thereof, and all costs and expenses of any searches required by <br />Beneficiary. Beneficiary may exercise any or all of the remedies of a secured party available to <br />it under the UCC with respect to such property, and it is expressly agreed that if upon an Event <br />of Default Beneficiary should proceed to dispose of such property in accordance with the <br />provisions of the UCC, ten (10) days notice by Beneficiary to Trustor shall be deemed to be <br />reasonable notice under any provision of the UCC requiring such notice; provided, however, that <br />Beneficiary may at its option dispose of such property in accordance with Beneficiary's rights <br />and remedies with respect to the real property pursuant to the provisions of this Deed of Trust, in <br />lieu of proceeding under the UCC. <br />Trustor shall give advance notice in writing to Beneficiary of any proposed change in <br />Trustor's name, identity, or business form or structure and will execute and deliver to <br />Beneficiary, prior to or concurrently with the occurrence of any such change, all additional <br />financing statements that Beneficiary may require to establish and maintain the validity and <br />priority of Beneficiary's security interest with respect to any of the Mortgaged Property described <br />or referred to herein. <br />