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200505595 36. Superior Deed of Trust. If Grantor fails to pay any installment of principal or interest or any other sum due under any deed of trust or other lien superior in lien to the lien of this Deed of Trust, as the same becomes due and payable, Beneficiary may, at its option, pay the same, and Grantor shall upon demand reimburse Beneficiary for all sums so expended by Beneficiary, with interest at a rate per annum equal to the Default Rate (as defined in the Note). All such sums expended by Beneficiary, with interest, shall be secured by this Deed of Trust. 37. Security Agreement. Unless specifically provided to the contrary, all of the terms and provisions of the Security Agreement are hereby incorporated and shall become a part of this Deed of Trust. 38. Solvency, Binding Effect and Enforceabilily. The Grantor is (and, after giving effect to this Deed of Trust, will be) solvent. This Deed of Trust is the legal, valid and binding obligation of the Grantor enforceable in accordance with its terms. 39. Commercial Loan. Grantor represents and warrants that the Loan and other financial accommodations included in the Debt secured by this Deed of Trust were obtained solely for the purpose of carrying on or acquiring a business or commercial investment and not for residential, consumer or household purposes. 40. Fixture Filing. This Deed of Trust is intended to constitute a financing statement with respect to the Trust Property and is to be filed for record in the real property records for the county in which the Premises are situated. Upon the recording of this Deed of Trust in the appropriate recording office of the town/county in which the Premises is located, this Deed of Trust shall be a perfected lien and fixture filing on the Mortgaged Property. Grantor agrees to promptly execute, authenticate, deliver, record, register and/or file any additional documentation that Beneficiary may reasonably request from time to time (including, without limitation, any fixture filings, financing statements or other documents and instruments) to effectuate, complete, perfect, continue or preserve the this lien and fixture filing. _ [Remainder of Page Intentionally Left Blank] CLT 83 7349v 1 16