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<br />200709869 <br /> <br />the Beneficiary, or any modification thereof, and all costs and expenses of any searches required by the <br />Beneficiary. The Beneficiary may exercise any or all of the remedies of a secured party available to it <br />under the DCC with respect to such property, and it is expressly agreed that if upon an Event of Default <br />the Beneficiary should proceed to dispose of such property in accordance with the provisions of the DCC, <br />10 days' notice by the Beneficiary to the Grantor shall be deemed to be reasonable notice under any <br />provision of the DCC requiring such notice; provided, however, that the Beneficiary may at its option <br />dispose of such property in accordance with the Beneficiary's rights and remedies with respect to the real <br />property pursuant to the provisions hereof, in lieu of proceeding under the UCC. <br /> <br />The Grantor shall give advance notice in writing to the Beneficiary of any proposed change in the <br />Grantor's name, identity, state of organization or business form or structure and will execute and deliver <br />to the Beneficiary, prior to or concurrently with the occurrence of any such change, all additional <br />financing statements that the Beneficiary may reasonably require to establish and maintain the validity <br />and priority of the Beneficiary's security interest with respect to any of the Encumbered Property <br />described or referred to herein. <br /> <br />Some of the items of the Encumbered Property described herein are goods that are or are to <br />become fixtures related to the Real Property, and it is intended that as to those goods, this Deed of Trust <br />shall be effective as a financing statement filed as a fixture filing from the date of its tiling for record in <br />the real estate records of the county in which the Encumbered Property is situated. Information <br />concerning the security interest created by this instrument may be obtained from the Beneficiary, as <br />secured party, at the address of the Beneficiary stated in preamble to this Deed of Trust. The mailing <br />address of the Grantor, as debtor, is as stated in the section below concerning Notices. <br /> <br />Section 3.02. Warranties; Representations and Covenants of the Grantor. All warranties, <br />representations, covenants and obligations of the Grantor in this Deed of Trust relating to the Encumbered <br />Property shall be deemed to apply to the Personal Property whether or not it is expressly referenced. <br /> <br />ARTICLE IV <br /> <br />EVENTS OF DEFAULT AND REMEDIES UPON DEFAULT <br /> <br />Section 4.01. Events of Default. The following shall constitute an Event of Default under this <br />Deed of Trust: <br /> <br />(a) The occurrence of any "Event of Default" under the Financing Documents as defined <br />therein (taking into account notice and cure period provisions, if applicable); and <br /> <br />(b) Any breach of or failure to pay, perform or observe any Secured Obligation (including, <br />without limitation, those set forth in this Deed of Trust), which would not otherwise constitute an Event <br />of Default under subparagraph (a) above, and continuance of such breach or failure for a period of 60 <br />days after there has been given to the Partnership by the County or the Beneficiary, or, (with respect to a <br />failure by the County), to the County by the Beneficiary or the Partnership or, (with respect to a failure by <br />either the Partnership or the County), to the County, the Partnership and the Beneficiary by the owners of <br />at least 10% in principal amount of the Bonds Outstanding, a written notice specifying such failure or <br />breach or requiring it to be remedied, provided that, if such failure or breach cannot be fully remedied <br />within such 60-day period, but can reasonably be expected to be fully remedied, such failure or breach <br />shall not constitute an Event of Default if the Partnership or the County, as applicable, shall immediately <br />upon receipt of such notice commence the curing of such failure or breach and shaH thereafter prosecute <br />and complete the same with due diligence and dispatch. Any and all grace, cure and notice periods set <br /> <br />-10- <br />