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<br />200600597
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<br />agree that the filing of such financing statement(s) in the records normally having to do with
<br />personal property shall never be construed as in anywise derogating from or impairing this
<br />declaration and hereby stated intention of Grantor and Beneficiary that everything used in
<br />connection with the production of income from the Premises and/or adapted for use therein
<br />and/or which is described or reflected in this Instrument, is, and at all times and for all purposes
<br />and in all proceedings both legal or equitable shall be, as between Grantor and Beneficiary,
<br />regarded as part of the real estate irrespective of whether (a) any such item is physically attached
<br />to the improvements, (b) serial numbers are used for the better identification of certain items
<br />capable of being thus identified in a recital contained herein, or (c) any such item is referred to or
<br />reflected in any such financing statement(s) so filed at any time.
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<br />Similarly, the mention in any such financing statement(s) of the rights in and to (aa) the
<br />proceeds of any fire and/or hazard insurance policy, or (bb) any award in eminent domain
<br />proceedings for a taking or for loss of values, or (cc) Grantor's interest as lessor in any present or
<br />future lease or rights to income growing out of the use and/or occupancy of the Premises,
<br />whether pursuant to lease or otherwise, shall never be construed as in anywise altering any of the
<br />rights of Beneficiary as determined by this Instrument or impugning the priority of Beneficiary's
<br />lien granted hereby or by any other recorded document, but each mention in such financing
<br />statement(s) is declared to be for the protection of Beneficiary in the event any court shall at any
<br />time hold with respect to the foregoing (aa), (bb) or (cc), that notice of Beneficiary's priority of
<br />interest, to be effective against a particular class of persons, must be filed in the Uniform
<br />Commercial Code records.
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<br />3.07.02 Grantor warrants that (i) Grantor's (that is, "Debtor's") name, identity
<br />or company structure and principal place of business are as set forth in the opening paragraph of
<br />this Instrument; and (ii) the location of the Plant, Equipment and Personal Property is upon the
<br />Land. Grantor covenants and agrees that Grantor will furnish Beneficiary with notice of any
<br />change in the matters addressed by clause (i) of this Section 3.07.02 within thirty (30) days of the
<br />effective date of any such change and Grantor will promptly execute any financing statements or
<br />other instruments deemed necessary by Beneficiary to prevent any filed financing statements
<br />from becoming misleading or losing its perfected status.
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<br />3.08 Further Assurances: After Acquired Property. At any time, and from time to time,
<br />upon request by Beneficiary, Grantor will make, execute and deliver or cause to be made,
<br />executed and delivered, to Beneficiary and, where appropriate, cause to be recorded and/or filed
<br />and from time to time thereafter to be rerecorded and/or refiled at such time and in such offices
<br />and places as shall be deemed desirable by Beneficiary, any and all such other and further deeds
<br />of trust, mortgages, deeds to secure debt, security agreements, financing statements, continuation
<br />statements, instruments of further assurance, certificates and other documents as may, in the
<br />judgment of Beneficiary, be necessary or desirable in order to effectuate, complete, or perfect, or
<br />to continue and preserve (a) the obligation of Grantor under the Obligations and under this
<br />Instrument and (b) the lien of this Instrument as a first and prior lien upon all of the Premises,
<br />whether now owned or hereafter acquired by Grantor. Upon any failure by Grantor so to do,
<br />Beneficiary may make, execute, record, file, re-record and/or refile any and all such deeds to
<br />secure debt, security agreements, mortgages, deeds of trust, financing statements, continuation
<br />statements, instruments, certificates and documents for and in the name of Grantor and Grantor
<br />hereby irrevocably appoints Beneficiary the agent and attorney-in-fact of Grantor so to do. The
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