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20050'7874 (e) One Action Rule and Deficiency Statute. Borrower knowingly waives, to the fullest extent permitted by applicable law, the rights, protections and benefits afforded to Borrower under Utah Code Annotated § §78 -37 -1 and 57 -1 -32 and any successor or replacement statute or any similar laws or benefits. (f) Request for Notice. Borrower hereby requests a copy of any notice of default and that any notice of sale hereunder be mailed to it at the address set forth herein. (g) Construction Security Instrument. This Security Instrument is entitled to the benefits of Utah Code Annotated Section 70A -9a -334, as amended or any successor statute. (h) Acceptance by Trustee, Successor Trustees. Trustee accepts this trust when this Security Instrument, duly executed and acknowledged, is made a public record as provided by law. All successor trustees shall be appointed in accordance with Utah Code Annotated Section 57 -1 -22. (i) Financing Statements. Borrower irrevocably authorizes Lender to prepare and file, in accordance with the UCC, financing statements, or such other documents as may be required from time to time to create, maintain and perfect the liens and security interests granted herein. Borrower covenants and agrees that it will not make any change to its legal name, which legal name as shown in the introductory paragraph hereto is true and correct, its state of formation, organization or registration, or the location of its chief executive office or principal place of business, or its organizational structure or governing documents, without the prior written consent of Lender. Borrower further irrevocably authorizes Lender at any time and from time to time to file in any filing office in any UCC jurisdiction any initial financing statements and amendments thereto that (A) indicate the Property (1) as all assets of Borrower or words of similar effect, regardless of whether any particular asset comprised in the Property falls within the scope of Article 9 of the UCC or such jurisdiction, or (2) as being of an equal or lesser scope or with greater detail, and (B) contain any other information required by Part S of Article 9 of the UCC for the sufficiency or filing office acceptance of any financing statement or amendment, including (1) whether Borrower is an organization, the type of organization and any organization identification number issued to such Borrower, and (2) in the case of a financing statement filed as a fixture filing or indicating Property as extracted collateral or timber to be cut, a sufficient description of real property to which the Property relates. Borrower agrees to- furnish any such information to Lender promptly upon request. Borrower also ratifies its authorization for Lender to have filed in any UCC jurisdiction any initial financing statements or amendments thereto if filed prior to the date hereof. Borrower acknowledges that it is not authorized to file any financing statement or amendment or termination statement with respect to any financing statement without the prior written consent of Lender and agrees that it will not do so without the prior written consent of Lender, subject only to Borrower's rights under Section 9- 509(4)(6) of the UCC. 0) Fixture Filings. This Security Instrument covers goods which are or are to become fixtures, is effective as a financing statement filed as a fixture filing and is to be filed in the real estate records. The filing of any other financing statement relating to any personal property, rights or interests described herein shall not be construed to diminish any right or priority hereunder. THIS SECURITY INSTRUMENT CONSTITUTES A SECURITY AGREEMENT, AND IS FILED AS A FIXTURE FILING, WITH RESPECT TO ANY PORTION OF THE PROPERTY IN WHICH A PERSONAL PROPERTY SECURITY INTEREST OR LIEN MAY BE GRANTED OR CREATED PURSUANT TO THE UTAH UNIFORM COMMERCIAL CODE OR UNDER COMMON LAW, AND AS TO ALL REPLACEMENTS, SUBSTITUTIONS, AND ADDITIONS TO SUCH PROPERTY AND THE PROCEEDS THEREOF. FOR PURPOSES OF THE SECURITY INTEREST OR LIEN CREATED HEREBY, LENDER IS THE "SECURED PARTY" AND BORROWER IS THE "DEBTOR." BORROWER IS THE RECORD OWNER OF THE PROPERTY. (k) Environmental Matters. NOTWITHSTANDING ANY OTHER PROVISION HEREOF, OR ANY PROVISIONS OF THE NOTE OR OTHER LOAN DOCUMENTS GOVERNING, EVIDENCING AND SECURING THE INDEBTEDNESS SECURED HEREBY, THE OBLIGATIONS OF BORROWER UNDER SECTION 16.02 SHALL NOT BE SECURED BY THIS SECURITY INSTRUMENT OR ANY LIEN OR SECURITY INTEREST IN FAVOR OF LENDER, AND IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THIS PARAGRAPH AND THE TERMS AND CONDITIONS OF THE NOTE OR 102