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i ` -- OO1699 7. Grantor will deliver immediately to American a true copy of any process; pleadings, or papers, however designated, related to any action or proceeding instituted to evict Grantor, or to recover possession of the Property, or to affect in any way this Deed of Trust, the Obligation, or title to the Property. Should American be made party to any action affecting this Deed of Trust, the Obligation or the title to the Property, Grantor agrees that American may, at its option, defend such action, and in the event American elects to defend, all court costs and expenses thereof, including without limitation reasonable attorneys' fees, surveys, and costs of evidence of title to the Property, shall become a part of the Obligation secured by this Deed of Trust. 8. This Deed of Trust shall cover all property affixed to or located upon the real property described in Exhibit A to this Deed of Trust which, to the fullest extent permitted by. law, shall be deemed fixtures and a part of the real property, and shall cover all articles of personal property owned by Grantor which are delivered to the Property for incorporation or use in any construction being con- ducted on the Property. To the extent any property covered by this Deed of Trust consists of rights in action or personal property cov- ered by the Uniform Commercial Code, this Deed of Trust shall consti- tute a security agreement and financing statement, and this Deed of Trust is intended when recorded to create a perfected security inter- est in such property in favor of American. This Deed of Trust shall be self - operative with respect to such property, but Grantor agrees to execute and deliver on demand such Security Agreements, Financing Statements, and /or other instruments as American may request in order to impose the lien of this Deed of Trust more specifically upon any of such property, and Grantor agrees to pay all recording and /or filing fees associated with imposing such lien. If the lien of this Deed of Trust on any property shall be subject to a prior security agreement covering such property, then in the event of any default under this Deed of Trust, all of the right, title, and interest of Grantor in and to any and all deposits on such Property is assigned to American, together with the benefit of any payments now or hereaf- ter made on such property. For the purposes of treating this Deed of Trust as a security agreement and /or financing statement, American shall be deemed to be the secured party and Grantor shall be deemed to be the debtor. 9. Grantor authorizes American, at American's option, as attorney in fact for Grantor, to appear in and prosecute with Grantor, or failing Grantor's separate appearance and active prosecu- tion, to undertake, in Grantor's name, any action or proceeding relating to any condemnation or other taking of the Property ana to settle or compromise any claim in connection with such condemnation or other taking. The proceeds of any award or claim tor damage, direct or consequential, in connection with any condemnation or other taking of the Property, or part of the Property, or for conveyances -5- a 0 f