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200210067 such title but shall continue as a valid charge on the Property for the amount secured hereby. 10. Security Agreement under Uniform Commercial Code. (a) It is the intention of the parties hereto that this Deed of Trust shall constitute a Security Agreement within the meaning of the Uniform Commercial Code (the "Code ") of the State in which the Property is located. If an Event of Default shall be in effect, then in addition to having any other right or remedy available at law or in equity, Beneficiary shall have the option of either (i) proceeding under the Code and exercising such rights and remedies as may be provided to a secured party by the Code with respect to all or any portion of the Property which is personal property (including, without limitation, taking possession of and selling such property), if any, or (ii) treating such property as real property and proceeding with respect to both the real and personal property constituting the Property in accordance with Beneficiary's rights, powers and remedies with respect to the real property (in which event the default provisions of the Code shall not apply). If Beneficiary shall elect or cause Trustee to proceed under the Code, then thirty (30) days' notice of sale of the personal property shall be deemed reasonable notice, and the reasonable expenses of retaking, holding, preparing for sale, selling and the like incurred by Trustee and Beneficiary shall include, but not be limited to, attorneys' fees and legal expenses. At Trustee's request, Grantor shall assemble the personal property and make it available to Trustee for the benefit of Beneficiary at a place designated by Trustee which is reasonably convenient to both parties. (b) Grantor, Trustee and Beneficiary agree, to the extent permitted by law, that: (i) this Deed of Trust upon recording or registration in the real estate records of the proper office shall constitute a financing statement filed as a "fixture filing" within the meaning of Sections 9 -334 and 9 -502 of the Code; (ii) Grantor is the record owner of the Land; and (iii) the addresses of Grantor, Trustee and Beneficiary are as set forth on the first page of this Deed of Trust; and (iv) the Grantor's federal taxpayer identification 84- 0589412 and its organization number is 0705607. 11. Assignment of Leases and Rents. (a) Grantor hereby assigns to Trustee (in trust, for the benefit of Beneficiary) and to Beneficiary, the Leases and Rents as further security for the payment of the Secured Obligations and the performance of all of the obligations of the Grantor contained in the Loan Documents, and the Credit Agreement, and Grantor grants to Trustee and Beneficiary the right to enter the Property for the purpose of collecting the same and to let the Property or any part thereof, and to apply the Rents on account of the Secured Obligations. The foregoing assignment and grant is present and absolute and shall continue in effect until the reversion of the Collateral to the Grantor in accordance with the provisions of the Credit Agreement, but Beneficiary and Trustee hereby waive the right to enter the Property for the purpose of collecting the Rents and Grantor shall be entitled to collect, receive, use and retain the Rents unless an Event of Default shall be in effect; such right of Grantor to collect, receive, use and retain the Rents may be revoked by Beneficiary or Trustee (at the direction of the Beneficiary) while an Event of Default is in effect by giving not less than ten (10) days written notice of such revocation to Grantor; in the event such notice is given, Grantor shall pay over to Beneficiary, or to any receiver appointed to collect the NY 2A 17815W9T92#NLD0C \35899, W79 15