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87- 140-30 <br />-is- <br />application for a review of the claim for such tax, and <br />within a reasonable time, deliver to the Mortgagee either <br />M evidence satisfactory to the Mortgagee that such claim <br />of taxability has been withdrawn or defeated in which event <br />any such deposit shall be returned to the Mortgagor or (ii) <br />a direction from the Mortgagor to the Mortgagee to pay the <br />same out of the deposit above mentioned, any excess due over <br />the amount of said deposit to be paid by the Mortgagor <br />directly to the taxing, authority and any exceso of such <br />deposit over such payment by the Mortgagee to be returned to <br />the Mortgagor. If liability for such tax is asserted <br />against the Mortgagee, the Mortgagee will give to the <br />Mortgagor prompt notice of such claim, and the Mortgagor, <br />upon complying with the provisions of this Section shall <br />have full right and authority to contest such claim of <br />taxability. <br />56. Security Agreement. This Mortgage constitutes a <br />security agreement under the Uniform Commercial Code and <br />creates a security interest in all that property (and the <br />proceeds and products thereof) included in the Property <br />which might otherwise be deemed "personal property ". <br />Mortgagor hereby grants to Mortgagee a security interest in <br />all such personal property, fixtures and Building Service <br />Equipment, and all proceeds and products thereof as <br />described in Attachment A to this Mortgage. At the request <br />of the Mortgagee, the Mortgagor shall take all necessary <br />action to maintain and preserve the lien of this Mortgage <br />with respect to such property including, but not limited to, <br />the executing, delivering, filing, refiling, recording or <br />re- recording of any financing statements, continuation <br />statements or other security agreements, and the giving of <br />such instruments of further assurance as the Mortgagee may <br />from time to time reasonably request to protect the lien of <br />this Mortgage with respect to such property. Without <br />limiting the foregoing, the Mortgagor hereby irrevocably <br />appoints the Mortgagee attorney -in -fact for the Mortgagor to <br />execute, deliver and file such instruments for and on behalf <br />of the Mortgagor; provided, however, that the Mortgagee is <br />not under any duty to the Mortgagor or any other person who <br />is a guarantor or otherwise liable on any instrument secured <br />hereby to protect, secure, perfect or insure the lien of <br />this Mortgage or any of the other security agreements <br />referred to herein nor shall the Mortgagee have an <br />obligation for, among other things, the filing of any <br />financing statements under the Uniform Commercial Code. <br />Notwithstanding any release of any or all of that property <br />included in the Property which is deemed "real property ", <br />any proceedings to foreclose this Mortgage or its <br />satisfaction of record, the terms hereof shall survive as a <br />In <br />