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200804918
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6/9/2008 2:48:26 PM
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6/9/2008 2:48:23 PM
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DEEDS
Inst Number
200804918
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<br />200804918 <br /> <br />(e) the remedies of Mortgagee hereunder are cumulative and separate, and the <br />exercise of anyone or more of the remedies provided for herein or under the Code <br />shall not be construed as a waiver of any of the other rights of Mortgagee <br />including having such Collateral deemed part of the realty upon any foreclosure <br />thereof; <br /> <br />(f) if notice to any party of the intended disposition of the Collateral is required by <br />law in a particular instance, such notice shall be deemed commercially reasonable <br />if given at least ten (10) days prior to such intended disposition, and notice of <br />such disposition may be given by advertisement in a newspaper accepted for legal <br />publications either separately or as part of a notice given to foreclose the real <br />property; <br /> <br />(g) Mortgagor will from time to time provide Mortgagee on request with itemizations <br />of all such Collateral on the Premises; <br /> <br />(h) the filing of a financing statement pursuant to the Code shall never impair the <br />stated intention of this Deed of Trust that all Improvements, Fixtures, Equipment <br />and Personal Property described in Granting Clause B hereof are at all times and <br />for all purposes and in all proceedings both legal or equitable regarded as part of <br />the real property mortgaged hereunder irrespective of whether such item is <br />physically attached to the real property or any such item is referred to or reflected <br />in a financing statement; <br /> <br />(i) Mortgagor will on demand deliver all financing statements and/or continuations <br />that may from time to time be required by Mortgagee to establish and perfect the <br />priority of Mortgagee's security interest in such Collateral and all costs, including <br />recording fees, shall be paid by Mortgagor; <br /> <br />U) Mortgagor shall give advance written notice of any proposed change in <br />Mortgagor's name, address, identity or structure and will execute and deliver to <br />Mortgagee prior to or concurrently with such change all additional financing <br />statements that Mortgagee may require to establish and perfect the priority of <br />Mortgagee's security interest; and <br /> <br />(k) Mortgagor shall continue and pay all expenses of continuing the financing <br />statement covering the Collateral in the event the security interest in such <br />Collateral will expire by reason of statutory law prior to the end of the term of this <br />Deed of Trust. <br /> <br />4.4 Maintenance of Premises. <br /> <br />Subject to the provisions of this Section, in any instance where Mortgagor in its <br />discretion determines that any item subject to a security interest under this Deed of Trust has <br />become inadequate, obsolete, worn out, unsuitable, undesirable or unnecessary for the operation <br />of the Premises, Mortgagor may, at its expense, remove and dispose of it and substitute and <br />install other items not necessarily having the . same function, provided, that such removal and <br />14 <br /> <br />Doc# 2675364\2 <br />
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