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