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200809014 Mortgagor as a defense to any proceeding instituted by Agent to collect the Lender Obligations or to foreclose the lien of this Deed of Trust. (d) Unless expressly provided otherwise herein, in the event that ownership of this Deed of Trust and title to the Mortgaged Property or any estate therein shall become vested in the same Person, this Deed of Trust shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby. 18. Security Agreement under Uniform Commercial Code. (a) It is the intention of the parties hereto that this Deed of Trust shall constitute a Security Agreement within the meaning of the Uniform Commercial Code (the "Code") of the State of Nebraska with respect to personal property and/or fixtures included in the Mortgaged Property. If an Event of Default shall occur and be continuing under this Deed of Trust, then, in addition to having any other right or remedy available at law or in equity, Agent shall have the option of either (i) proceeding under the Code and exercising such rights and remedies as may be provided to a secured party by the Code with respect to all or any portion of the Mortgaged Property which is personal property (including, without limitation, taking possession of and selling such property) or (ii) treating such property as real property and proceeding with respect to both the real and personal property constituting the Mortgaged Property in accordance with Agent's rights, powers and remedies with respect to the real property (in which event the default provisions of the Code shall not apply). If Agent shall elect to proceed under the Code, then ten (10) Business Days' written notice of sale of the personal property shall be deemed reasonable notice and the reasonable expenses of retaking, holding, preparing for sale, selling and the like incurred by Agent shall include, but not be limited to, attorneys' fees and legal expenses. At Agent's request, Mortgagor shall assemble the personal property (if applicable) and make it available to Agent at a reasonable location, as designated by Agent. (b) Mortgagor and Agent agree, to the extent permitted by law, that: (i) all of the goods described within the definition of the word "Equipment" are or are to become fixtures on the Real Estate; (ii) this Deed of Trust upon recording or registration in the real estate records of the proper office shall constitute a financing statement filed as a "fixture filing" in accordance with the Unifonn Commercial Code; (iii) Mortgagor is the record owner ofthe Land (as hereinafter defined); and (iv) the addresses of Mortgagor and Agent are as set forth on the first page of this Deed of Trust. 19. Future Advances It is the intention of Mortgagor and Agent that this Deed of Trust (as renewed and extended from time to time) shall secure future advances and readavances, and the lien and security interest created by this Deed of Trust shall attach upon execution and have priority from the time ofrecording as to all advances, whether obligatory or discretionary, until this Deed of Trust is released ofrecord. 20. Assignment of Rents. (a) Mortgagor hereby assigns to Agent the Rents as further security for the payment of and performance of the Lender Obligations, and Mortgagor grants to Agent the right 13 LIBD/] 907386.1