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<br />200704125 <br /> <br />25. Perfection of Trustee Appointment. Should any deed, conveyance, or instrument of any <br />nature be required from Grantor by any Trustee or substitute trustee to more fully and certainly <br />vest in and confirm to the Trustee or substitute trustee such estates rights, powers, and duties, <br />then, upon request by the Trustee or substitute trustee, any and all such deeds, conveyances and <br />instruments shall be made, executed, acknowledged, and delivered and shall be caused to be <br />recorded and/or filed by Grantor. <br /> <br />26. Succession Instruments. Any substitute trustee appointed pursuant to any of the <br />provisions hereof shall, without any further act, deed, or conveyance, become vested with all the <br />estates, properties, rights, powers, and trusts of its or his predecessor in the rights hereunder with <br />like effect as if originally named as Trustee herein; but nevertheless, upon the written request of <br />Beneficiary or of the substitute trustee, the Trustee ceasing to act shall execute and deliver any <br />instrument transferring to such substitute trustee, upon the trusts herein expressed, all the estates, <br />properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, <br />transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee <br />so appointed in the Trustee's place. <br /> <br />27. Right of Access. Beneficiary and its agents shall have the right to enter and inspect the <br />Trust Property as provided in Sections 5.l(e) and.2.J.ill of the Loan Agreement. <br /> <br />28. Reasonable Use and Occupancy. In addition to the rights which Beneficiary may have <br />herein, upon the occurrence of any Event of Default which shall remain uncured, Beneficiary, at <br />its option, may require Grantor to pay monthly in advance to Beneficiary, or any receiver <br />appointed to collect the Rents, the fair and reasonable rental value for the use and occupation of <br />such part of the Trust Property as may be occupied by Grantor or may require Grantor to vacate <br />and surrender possession of the Trust Property to Beneficiary or to such receiver and, in default <br />thereof, Grantor may be evicted by summary proceedings or otherwise. <br /> <br />29. Security Agreement. This Deed of Trust is both a real property mortgage and a security <br />agreement within the meaning of the Uniform Commercial Code. The Trust Property includes <br />both real and personal property and all other rights and interests, whether tangible or intangible <br />in nature, of Grantor in the Trust Property. Grantor by executing and delivering this Deed of <br />Trust has granted and hereby grants to Beneficiary and Trustee, as security for the Obligations, a <br />security interest in the Trust Property to the full extent that the Trust Property may be subject to <br />the Uniform Commercial Code (said portion of the Trust Property so subject to the Uniform <br />Commercial Code being called in this paragraph the "Collateral"). Grantor hereby agrees with <br />Beneficiary to execute and deliver to Beneficiary, in form and substance satisfactory to <br />Beneficiary, such iinancing statements and such further assurances as Beneficiary may from time <br />to time, reasonably consider necessary to create, perfect, and preserve Beneficiary's security <br />interest herein granted. This Deed of Trust shall also constitute a "fixture filing" for the <br />purposes of the Uniform Commercial Code. All or part of the Trust Property is or is to become <br />fixtures. Information concerning the security interest herein granted may be obtained from the <br />parties at the addresses of the parties set forth in the first paragraph of this Deed of Trust. If an <br />Event of Default shall occur which shall remain uncured, Beneficiary, in addition to any other <br />rights and remedies which it may have, shall have and may exercise immediately and without <br />demand, any and all rights and remedies granted to a secured party upon default under the <br />Uniform Commercial Code, (including, without limitation, the right to take possession of the <br /> <br />16 <br />