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200800520 2ok~2 personal property or with items of personal property which arc or may become fixtures, shall also be construed as a security agreement under the Uniform Commercial Code as in effect in the state in which the Premises are located, and this Deed of Trust constitutes a financing statement filed as a fixture filing in the Official Records of the County Recorder of the County in which the Prcmises are located with respect to any and all fixtures included within thc term "Collateral" as used herein and with respect to any Goods or other personal property that may now be or hcreafter become such fixtures. For purposcs of the foregoing, Grantor is the debtor (with its addrcss as set forth abovc), Beneficiary is the secured party (with its address as sct forth above). If any item of Collateral hereunder also constitutes collateral granted to Beneficiary under any other mortgage, agreement, document, or instrument, in the event of any conflict betwecn the provisions of this Deed of Trust and the provisions of such other mortgage, agreement, document, or instrument relating to the Collateral, the provision or provisions selected by Beneficiary shall control with respect to the Collateral. (b) This Deed of Trust is granted to secure, among other Secured Obligations, future advances and loans (whether obligatory, made at the option of Beneficiary or otherwise) from Beneficiary to or for the benefit of Grantor or its successors or assigns or the Premiscs, as provided in the Loan Agreement, and costs and expenses of enforcing Grantor's obligations under this Deed of Trust, the Loan Agreement and the other Loan Documents. All advances, disbursements or other payments required by the Loan Agreement are obligatory advances up to the credit limits established therein and shall, to the fullest extent permitted by law, have priority over any and all construction and mechanics' liens and other liens and encumbrances arising after this Deed of Trust is rccorded. (c) Beneficiary may from time to time requirc one or more financing statements to perfect or continue the perfection of Beneficiary's security interest in any Collateral, Leases, or Rents. Grantor shall pay all fees and costs that Beneficiary may incur in filing such documents in public offices and in obtaining such record searches as Beneficiary may reasonably require and all other reasonable fees and costs Beneficiary incurs in connection with perfection of its security interests. Grantor hereby appoints Beneficiary as its true and lawful attorney-in-fact, with full power of substitution, to file any such documents on its behalf. Such power is deemed to be coupled with an interest, and is therefore irrevocable. If any financing statement or other document is filed in the records normally pertaining to personal property, that filing shall never be construed as in any way derogating from or impairing this Deed of Trust or the rights or obligations of the parties under it. (d) Everything used in connection with the Premises and/or adapted for use therein and/or which is described or reflected in this Deed of Trust is, and at all times and for all purposes and in all proceedings both legal or equitable shall be regarded as part of the real estate encumbered by this Deed of Trust irrespective of whether (1) any such item is physically attached to the Improvements, (2) serial numbers are used for the better identification of certain equipment items capable of being thus identified in a recital contained herein or in any list filed with Beneficiary or (3) any such item is referred to or 21 NEWY I \8176568.2