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201605326 (a) All Fixtures to the extent they may be characterized as personal property; (b) All equipment located on or used in connection with the Land and the Improvements; (c) All rights to the payment of money, accounts deposited by Trustor with third parties (including all utility deposits), contract rights, instruments, architectural and engineering plans, specifications and drawings, and as -built drawings, which arise from or relate to the Land; (d) All building materials, equipment, or work in process, whether stored on the Land or elsewhere, which have been or later will be acquired for the purpose of being delivered to, incorporated into, or installed in or about the Land or Improvements; (e) All general intangibles and rights relating to the Property, including all permits, licenses, and claims to or demands for the voluntary or involuntary conversion of any of the Land, the Improvements or the other property described above into cash or liquidated claims, proceeds of any insurance policies, present and future, payable because of loss sustained to all or any part of any Property, whether or not such insurance policies are required by Beneficiary, and all condemnation awards or payments now or later to be made by any public body or decree by any court of competent jurisdiction for any taking or in connection with any condemnation or eminent domain proceeding, and all causes of action and their proceeds for any damage or injury to the Land, the Improvements, or the other property described above or any part of them, or breach of warranty in connection with the construction of the Improvements, including causes of action arising in tort, contract, fraud, or concealment of a material fact; and (f) All substitutions, replacements, additions, accessions, and proceeds for or to any of the foregoing, and all books, records and files relating to any of the foregoing, including computer readable memory and data and any computer software or hardware reasonably necessary to access and process such memory and data. Section 2.02. Fixture Filing; Description of Fixtures. This Deed of Trust constitutes a fixture filing under Sections 9- 501(a)(1) and 9- 502(c) of the UCC, as amended or recodified from time to time, and for this purpose, the following information is set forth: (a) Trustor is the debtor and its address is shown in Section 8.10 below; (b) Beneficiary is the secured party and its address is shown in Section 8.10 below; (c) this document covers goods which are or are to become Fixtures on the Land described on Exhibit "A" attached hereto; (d) Trustor (debtor) is the record owner of the Land; and (e) this fixture filing covers proceeds and products of the Fixtures. Section 3.01. Representations and Warranties. Trustor warrants, other than exceptions to title expressly listed on a schedule of exceptions to coverage in the final commitment for title insurance or pro forma policy of title insurance accepted by Beneficiary prior to the Closing: (a) Trustor holds fee simple title to all of the Land and the Improvements; (b) this Deed of Trust creates a first and prior lien on the Property; and (c) except for Permitted Liens, Trustor owns any Personalty free and clear of any security agreements, reservations of FNBO /Nova -Tech Deed of Trust DOCS/1660316.5 ARTICLE III RIGHTS AND DUTIES OF THE PARTIES 5