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20Q5Q7874 (h) WITHOUT LIMITATION, THE INDEMNITIES CONTAINED IN THIS SECURITY INSTRUMENT SHALL APPLY TO EACH INDEMNIFIED PERSON WITH RESPECT TO MATTERS WHICH IN WHOLE OR 1N PART ARE CAUSED BY OR ARISE OUT OF, OR ARE CLAIMED TO BE CAUSED BY OR ARISE OUT OF, THE NEGLIGENCE (WHETHER SOLE, COMPARATIVE OR CONTRIBUTORY) OR STRICT LIABILITY OF SUCH (AND /OR ANY OTHER) INDEMNIFIED PERSON. HOWEVER, SUCH INDEMNITIES SHALL NOT APPLY TO A PARTICULAR INDEMNIFIED PERSON TO THE EXTENT THAT THE SUBJECT OF THE INDEMNIFICATION IS CAUSED BY OR ARISES OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THAT INDEMNIFIED PERSON. (i) This Security Instrument shall be a security agreement between Borrower, as the debtor, and Lender, as the secured party, cover the Property constituting personal property or fixtures governed by the Texas Business and Commerce Code (hereinafter called the "Texas Code "), and Borrower grants to Lender a security interest in such portion of the Property. In addition to Lender's other rights hereunder, Lender shall have all rights of a secured party under the Texas Code. Borrower shall execute and deliver to Lender all financing statements that may be required by Lender to establish and maintain the validity and priority of Lender's security interest and Borrower shall bear all costs thereof, including all Uniform Commercial Code searches reasonably required by Lender. If Lender should dispose of any of the Property pursuant to the Texas Code, ten (10) days written notice by Lender to Borrower shall be deemed to be reasonable notice; provided, however, Lender may dispose of such property in accordance with the foreclosure procedures of this Security Instrument in lieu of proceeding under the Texas Code. 0) Certain of the Property is or will become "fixtures" (as that term is defined in the Texas Code) on the real property hereinabove described, and this Security Instrument upon being filed for record in the real property records shall also operate as a financing statement upon such of the Property which is or may become fixtures. Borrower has an interest of record in the real property. Section 18.48. Certain Matters Relating to ProReIly Located in the State of Utah. With respect to the Property which is located in the State of Utah, notwithstanding anything contained herein to the contrary: (a) Sale by Trustee Pursuant to Power of Sale; Judicial Foreclosure. After the lapse of such time as may then be required by Utah Code Annotated § 57 -1 -24 or other applicable law following the recordation of the notice of default, and notice of default and notice of sale having been given as then required by Utah Code Annotated § 57 -1 -25 and § 57 -1 -26 or other applicable law, Trustee, without demand on Borrower, shall sell the Property on the date and at the time and place designated in the notice of sale, in such order as Lender may determine (but subject to Borrower's statutory right under Utah Code Annotated § 57 -1 -27 to direct the order in which the Property, if consisting of several known lots or parcels, shall be sold), at public auction to the highest bidder, the purchase price payable in lawful money of the United States at the time of sale or on such other terms as are set forth in the notice of sale. The person conducting the sale may, for any cause deemed expedient, postpone the sale from time to time until it shall be completed and, in every such case, notice of postponement shall be given by public declaration thereof by such person at the time and place last appointed for the sale; provided, if the sale is postponed for longer than forty-five (45) days beyond the date designated in the notice of sale, notice of the time, date, and place of sale shall be given in the same manner as the original notice of sale as required by Utah Code Annotated § 57 -1 -27. Trustee shall execute and deliver to the purchaser a Trustee's Deed, in accordance with Utah Code Annotated § 57 -1 -28, conveying the Property so sold, but without any covenant of warranty, express or implied. The recitals in the Trustee's Deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Lender, may bid at the sale. Trustee shall apply the proceeds of the sale as follows: First: To the costs and expenses of exercising the power of sale and of the sale, including the payment of Trustee's and attorneys' fees actually incurred not to exceed the amount which may be provided for in the trust deed. Second: To payment of the obligations secured by this Security Instrument. 100