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86- 106927 <br />This instrument is and shall be construed as both a Deed of <br />Trust and a Security Agreement, and, to the extent that any of the <br />property herein described, including without limitation the <br />Collateral, is deemed to be personal property or fixtures or <br />property not subject to an encumbrance upon real estate, Trustor <br />hereby grants unto Beneficiary -a security interest in and to such <br />property. Trustor agrees to execute and deliver on demand such <br />financing statements as Beneficiary may request in order to impose <br />the lien hereof more specifically upon any of such property. <br />PROVIDED, HOWEVER, that if Trustor shall pay or cause to be <br />paid to the Beneficiary the Indebtedness to become due under the <br />Credit Agreement at the time and in the manner stipulated therein, <br />shall pay or cause to be paid all other sums payable hereunder and <br />all indebtedness hereby secured, then, in such case, the estate, <br />right, title, and interest of Trustee and Beneficiary in the <br />Premises shall cease, determine and become void and upon proof <br />being given to the satisfaction of Beneficiary that the <br />Indebtedness, together with interest thereon, have been paid or <br />satisfied, and upon payment of all fees, costs, charges, expenses <br />and liabilities chargeable or incurred or to be incurred by <br />Trustee or Beneficiary, and of any other sums as herein provided <br />or hereby secured, Trustee shall, upon receipt of the written <br />request of Beneficiary, reconvey, without warranty, the property <br />then held hereunder. The grantee in such reconveyance may be <br />described as "the person or persons legally entitled thereof". <br />If the lien of this Deed of Trust on any property be <br />subject to a prior security agreement covering such property, then <br />in the event of any default hereunder, all the right, title and <br />interest of Trustor in and to any and all deposits thereon is <br />hereby assigned to Beneficiary, together with the benefit of any <br />payments now or hereafter made thereon. <br />Trustor agrees that all property of every nature and <br />description, whether real or personal, covered by this Deed of <br />Trust, together with all personal property covered by such <br />security interests, are encumbered as one unit, and that upon <br />default by Trustor under the Credit Agreement or the Indebtedness <br />secured hereby or under this Deed of Trust, or any security <br />agreement given pursuant to this paragraph, this Deed of Trust and <br />such security interests, at Beneficiary's option, may be <br />foreclosed or sold in the same proceeding, and all of the Premises <br />(both realty and personalty) may, at Beneficiary's option, be sold <br />as such in one unit as a going business. The filing or recording <br />of any financing statement relating to any personal property or <br />rights or interests generally or specifically described herein <br />shall not be construed to diminish or alter any of Beneficiary's <br />rights or priorities hereunder. <br />-4- <br />