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200802659 Borrower, as landlord, to tenants of the Property, and such Collateral will be kept at the buildings on the Property and will not be removed therefrom without the consent of the Secured Party and may be affixed to such buildings but will not be affixed to any other real estate. The remedies of the Secured Party hereunder are cumulative and separate, and the exercise of anyone or more of the remedies provided for herein or under the Uniform Commercial Code shall not be construed as a waiver of any of the other rights of the Secured Party including having any Collateral deemed part of the realty upon any foreclosure thereof. If notice to any party of the intended disposition of the Collateral is required by law in a particular instance, such notice shall be deemed commercially reasonable if given at least ten (10) days prior to such intended disposition and may be given by advertisement in a newspaper accepted for legal publications either separately or as part of a notice given to foreclose the lien granted by this Deed of Trust or may be given by private notice if such parties are known to Secured Party. Neither the grant of a security interest pursuant to this Deed of Trust nor the filing of a financing statement pursuant to the Code shall ever impair the stated intention of this Deed of Trust that all Collateral comprising the Property and at all times and for all purposes and in all proceedings both legal or equitable shall be regarded as part of the Property irrespective of whether such item is physically attached to the real property or any such item is referred to or reflected in a financing statement. Borrower authorizes Secured Party to prepare and file all financing statements that it may deem necessary to establi::;h and perfect the priority of Secured Party's security interest in the Property and shall pay all expenses incurred by Secured Party in connection with the amendment, assignment or continuation of any financing statements executed in connection with the Property; and shall give at least thirty (30) days advance written notice of any proposed change in Borrower's name, address, identity, structure or state of organization and authorizes Secured Party prior to or concurrently with such change to prepare and file all additional financing statements that Secured Party deems necessary to establish and perfect the priority of Secured Party's security interest. 4.2 Maintenance of Collateral. Subject to the proVISIOns of this Section, in any instance where Borrower in its sound discretion determines that any Collateral subject to a security interest under this Deed of Trust has become inadequate, obsolete, worn out, unsuitable, undesirable or unnecessary for the operation of the Property, Borrower may, at its expense, remove and dispose of it and substitute and install other items not necessarily having the same function, provided, that such removal and substitution shall not impair the operating utility and unity of the Prope11y. All substituted items shall become a part of the Property and subject to the lien and security interest hereof. Any amounts received or allowed Borrower upon the sale or other disposition of the removed items of Collateral shall be applied first against the cost of acquisition and installation of the substituted items. Nothing herein contained shall be construed to prevent any tenant from removing from the Property trade fixtures, furniture and equipment installed by the tenant and removable by the tenant under its terms of a lease of a portion of the Property, on the condition, however, that the tenant shall at its own cost and expense, repair any and all damages to the Property resulting from or caused by the removal thereof. 4.3 Fixture Filing, This mortgage creates a security interest in goods which are or are to become fixtures related to the real estate described in Exhibit A, shall be effective as a fixture filing and is to be filed in the real estate records. 18 AM 157:0AM57:667038:5:LOUISVILLE 3/20/08