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2oloo7s�� <br />these Premises, this Recapture Deed of Trust shall be deerned rhe Securiky Agreement as defined <br />in Che Uniform Commercial Code and the remedies for any violation of the covenants, terms and <br />canditions of the agreements herein contained shall be (a) as prescribed herein, or (b) by general <br />law, or (c) as to such part af the security which is also reflected in the financing statement by the <br />speci�c statutory cansequences now or hereafter enacted and speci�ed in the Uniform <br />Commercial Code, all at the sole election of the Authority. Grantar and the Authority agree that <br />the filing af such a financing statement(s) in the records normally having to da with Personal <br />Property shall never be canstrued as in anyway deragating from or impairing this declaration and <br />hereby stated intention of the parties hereto, that everything used in connection with the <br />production of income from the Premises and/or adapted for use therein and/or which is described <br />ar reflected in this Recapture Deed of Trust is, and at all times and for all purposes and in all <br />proceedin�s both legal or equitable, shall be regarded as part of the real estate irrespective of <br />whether (i) any such item is physically attached to the improvements, (ii) serial numbers are used <br />for the better identification of certain equipment items capable of being thus identified in a <br />recital cantained herein or in any list filed with the Authority, (iii) any such item is referred to or <br />reflected in any such financing statement so filed at any time. Similarly, the mention in any such <br />frnancing statement of (1) the rights in or the praceeds af any �re and/or hazard insurance policy, <br />or (2) any award in erninent domain proceedings for a taking or for loss of value, or (3) the <br />interest of Grantar as lessor in any present or future lease or rights to income growing out of the <br />use and/ar accupancy of the Premises mortgaged hereby, whether pursuant to lease or otherwise, <br />shall never be construed as in anyway altering any of the rights of the Authority as determined <br />by this Deed ot' Trust or impugning the priarity of the lien of the Autharity granted hereby or by <br />any other recorded document, but such mention in the financing statement is declared to be for <br />the protection af the Authority in the event any Court ar Judge shall at any time hold with respect <br />to (1), (2) and (3) that notice of the priority of interest of the Authority to be effective against a <br />particular class of persons, including but not limited to the Federal Government and any <br />subdivisions or entity of the Federal Government, must be filed in the commercial code records. <br />This Security Agreement is perfected by filing this Recapture Deed af Trust in the local land <br />records pursuant to the terms of this Recapture Deed of Trust. <br />23. Grantor represents and agrees that: (a) it is and will be the true and lavvful owner <br />of the collateral mentioned in any �nancing staternent, subject to no liens, charges, security <br />interest(s) and encumbrances other than the lien hereof and the Permitted Encumbrances; and <br />(b) such callateral is to be used by the Grantor solely far business purposes being installed upon <br />the Prernises for Grantor's use or as the equipment and furnishings furnished by the Grantor, as <br />landlard, to tenants of the Premises; and (c) such collateral will be kept at the real estate <br />comprised in the Premises and will not be removed therefrom without the consent of the <br />Authority, and may be affxed ta such real estate but will not be affixed to any ather real estate; <br />and (d) the only persons having any interest in the Premises are the Grantor, the Authority and <br />the Senior Lender; and (e) no financing statement covering any such cnllateral attd any proceeds <br />hereof is on file in any public of�ce except those filed in favor of the Senior Lender and those <br />�led pursuant hereto and the Grantor will at its own cost and expense upon demand furnish to <br />the Authority such further information and will execute and deliver to the Authority such <br />financing statements and other documents in form satisfactory and as may be required by the <br />Authority and will do all acts and things as the Authority may from time to time reasonably <br />request or as may be necessary or appropriate to establish and maintain a perfected security <br />14 <br />Recapture Peed of Trust and Security Agreement <br />4848-2546-7143,3 <br />