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2oa.oooi4~ <br />surrender possession of the Mortgaged Property to Lender or to such receiver and, in <br />default thereof, Borrower maybe evicted by summary proceedings or otherwise. <br />27. Securi A Bement. This Security Instrument is both a real property mortgage and a <br />"security agreement" within the meaning of the Uniform Commercial Code. The <br />Mortgaged Property includes both real and personal property and all other rights and <br />interests, whether tangible or intangible in nature, of Borrower in the Mortgaged <br />Property. Borrower by executing and delivering this Security Instrument has granted and <br />hereby grants to Lender, as security for the Debt, a security interest in the Mortgaged <br />Property to the full extent that the Mortgaged Property may be subject to the Uniform <br />Commercial Code (said portion of the Mortgaged Property so subject to the Uniform <br />Commercial Code being called in this paragraph 27 the "Collateral"). If an Event of <br />Default shall occur, Lender, in addition to any other rights and remedies which it may <br />have, shall have and may exercise immediately and without demand, any and all rights <br />and remedies ,granted to a secured party upon default under the Uniform Commercial <br />Code, including, without ,limiting the generality of the foregoing, the right to take <br />possession of the Collateral or any part thereof, and to take such other measures as <br />Lender may deem necessary for the care, protection and preservation of the Collateral. <br />Upon request or demand of Lender, Borrower shall at its expense assemble the Collateral <br />and make it available to Lender at the Mortgaged Property. Borrower shall pay to Lender <br />on demand any. and all expenses, including reasonable legal expenses and attorneys' fees <br />and disbursements, incurred or paid by Lender in protecting the interest in the Collateral <br />and in enforcing the rights hereunder with respect to the Collateral. Any notice of sale, <br />disposition or other intended action by Lender with respect to the Collateral sent to <br />Borrower in accordance with the provisions hereof at least ten (10) days prior to such <br />action, shall constitute commercially reasonable notice to Borrower. The proceeds of any <br />disposition of the Collateral, or any part thereof, may be applied by Lender to the <br />payment of the Debt in such priority and proportions as Lender in its discretion shall <br />deem proper. In the event of any change in name, identity or structure of any Borrower, <br />such Borrower shall notify Lender thereof and promptly after request shall execute, file <br />and record such Uniform Commercial Code forms as are necessary to .maintain the <br />priority of Lender's lien upon and security interest in the Collateral, and shall pay all <br />expenses and fees in connection with the filing and recording thereof. If Lender shall <br />require the filing or recording of additional Uniform Commercial Code forms or <br />continuation statements, Borrower shall, promptly after request, execute, file and record <br />such Uniform Commercial Code farms or continuation statements as Lender shall deem <br />necessary and shall pay all expenses and fees in connection with the filing and recording <br />thereof. Borrower hereby irrevocably appoints Lender as its attorney-in-fact, coupled <br />with an interest, to file with the appropriate public off ce on its behalf any financing or <br />other statements signed only by Lender, as secured party, in connection with the <br />Collateral; rop vided, however, that such power of attorney shall only be exercised during <br />the existence of an Event of Default hereunder. To the extent permitted by applicable <br />law, this Security Instrument shall be effective as a financing statement filed as a fixture <br />filing with respect to all of the Mortgaged Property which is or is to become fixtures. <br />The name of the record owner of the real property is that of the Borrower herein. The <br />name and address of the Borrower, as Debtor, and Lender, as Secured Party are as set <br />forth on page 1 hereof. <br />-45- <br />