Common use of Relation of Fixture Filing to Deed of Trust Clause in Contracts

Relation of Fixture Filing to Deed of Trust. Some or all of the ------------------------------------------- Collateral described in Section 4.2 above may be or become a "fixture" in which Beneficiary has a security interest under the Loan Agreement. However, nothing in this Article IV shall be deemed to create any lien or interest in favor of Beneficiary in any such Collateral which is not a fixture, and the purpose of this Article IV is to create a fixture filing under the UCC, as amended or recodified from time to time. The rights, remedies and interests of Beneficiary under this Deed of Trust and the Loan Agreement are independent and cumulative, and there shall be no merger of any lien hereunder with any security interest created by the Loan Agreement. Beneficiary may elect to exercise or enforce any of its rights, remedies or interests under either or both this Deed of Trust or the Loan Agreement as Beneficiary may from time to time deem appropriate.