Common use of Security Agreement under Uniform Commercial Code Clause in Contracts

Security Agreement under Uniform Commercial Code. It is the intention of the parties hereto that this Mortgage shall constitute a Security Agreement within the meaning of Article 9 of the Uniform Commercial Code of the State of New York. Notwithstanding the filing of a financing statement covering any of the Mortgaged Property in the records normally pertaining to personal property, all of the Mortgaged Property, for all purposes and in all proceedings, legal or equitable, shall be regarded, at Mortgagees' option (to the extent permitted by law) as part of the Real Estate whether or not any such item is physically attached to the Real Estate or serial numbers are used for the better identification of certain items. The mention in any such financing statement of any of the Mortgaged Property shall never be construed as in any way derogating from or impairing this declaration and it is the hereby stated intention of the parties that such mention in protection of Mortgagee in the event any court shall at any time hold that notice of Mortgagee's priority of interest, to be effective against any third party, including the federal government and any authority or agency thereof, must be filed in the Uniform Commercial Code records. Mortgagor and Borrower hereby agree that each shall execute and hereby authorizes Mortgagee to file any financing and continuation statements which Mortgagee shall determine in its sole discretion are necessary or advisable in order to perfect it security interest in the Equipment and Personalty covered by this Mortgage, and Borrower shall pay any expenses incurred by Mortgagee in connection with the preparation, execution and filing of such statements that may be filed by Mortgagee, or, if paid by Mortgagee, such amounts, together with interest at the Default Rate, shall be added to the Indebtedness, payable on demand, and shall be secured by this Mortgage.

Security Agreement under Uniform Commercial Code. (a) It is the intention of the parties hereto that this Mortgage shall constitute a Security Agreement “security agreement” within the meaning of Article 9 the UCC. The Mortgaged Property includes both real and personal property and all other rights and interests, whether tangible or intangible in nature, of Mortgagor in the Uniform Commercial Code Mortgaged Property. By executing and delivering this Mortgage, Mortgagor has granted and hereby grants to Mortgagee, as security for the Obligations, a security interest in all of Mortgagor’s right, title and interest in the State of New York. Notwithstanding Mortgaged Property to the filing of a financing statement covering any full extent that the Mortgaged Property may be subject to the UCC (the portion of the Mortgaged Property in the records normally pertaining to personal property, all of the Mortgaged Property, for all purposes and in all proceedings, legal or equitable, shall be regarded, at Mortgagees' option (so subject to the extent permitted by law) UCC being referred to in this paragraph as part the “Personal Property”). If an Event of Default shall occur and be continuing, Mortgagee shall have any and all rights and remedies granted to a secured party upon default under the Real Estate whether or not any such item is physically attached to the Real Estate or serial numbers are used for the better identification of certain items. The mention in any such financing statement of any of the Mortgaged Property shall never be construed as in any way derogating from or impairing this declaration and it is the hereby stated intention of the parties that such mention in protection of Mortgagee in the event any court shall at any time hold that notice of Mortgagee's priority of interest, to be effective against any third partyUCC, including the federal government right to take possession of the Personal Property or any part thereof and any authority to take such other measures as Mortgagee may deem necessary for the care, protection and preservation of the Personal Property. Upon reasonable request or agency thereofdemand of Mortgagee, must be filed Mortgagor shall at its expense assemble the Personal Property and make it available to Mortgagee at a convenient place acceptable to Mortgagee. Any notice of sale, disposition or other intended action of Mortgagee with respect to the Personal Property sent to Mortgagor in the Uniform Commercial Code records. Mortgagor and Borrower hereby agree that each shall execute and hereby authorizes Mortgagee to file any financing and continuation statements which Mortgagee shall determine in its sole discretion are necessary or advisable in order to perfect it security interest in the Equipment and Personalty covered by this Mortgage, and Borrower shall pay any expenses incurred by Mortgagee in connection accordance with the preparationprovisions hereof at least ten (10) days prior to such action shall constitute commercially reasonable notice to Mortgagor. In the event of any conflict between the terms of this Section 22 and terms of Article V of the Credit Agreement, execution and filing the terms of such statements that may be filed by Mortgagee, or, if paid by Mortgagee, such amounts, together with interest at Article V of the Default Rate, Credit Agreement shall be added to the Indebtedness, payable on demand, and shall be secured by this Mortgagecontrol.

Security Agreement under Uniform Commercial Code. It is the intention of the parties hereto that this Junior Mortgage shall constitute a Security Agreement within the meaning of Article 9 of the Uniform Commercial Code of the State of New YorkCode. Notwithstanding the filing of a financing statement covering any of the Mortgaged Property in the records normally pertaining to personal property, all of the Mortgaged Property, for all purposes and in all proceedings, legal or equitable, shall be regarded, at Mortgagees' Mortgagee's option (to the extent permitted by law) ), as part of the Real Estate whether or not any such item is physically attached to the Real Estate or serial numbers are used for the better identification of certain items. The mention in any such financing statement of any of the Mortgaged Property shall never be construed as in any way derogating from or impairing this declaration and it is the hereby stated intention of the parties that such mention in the financing statement is hereby declared to be for the protection of Mortgagee in the event any court shall at any time hold that notice of Mortgagee's priority of interest, interest to be effective against any third party, including the federal government and any authority or agency thereof, must be filed in the Uniform Commercial Code records. Pursuant to the provision of the Uniform Commercial Code, each Mortgagor and Borrower hereby agree that each shall authorizes Mortgagee, without the signature of such Mortgagor, to execute and hereby authorizes Mortgagee to file any financing and continuation statements which if Mortgagee shall determine determine, in its sole discretion discretion, that such are necessary or advisable in order to perfect it its security interest in the Equipment and Personalty Fixtures covered by this Junior Mortgage, and Borrower Mortgagors shall pay to Mortgagee, on demand, any reasonable out-of-pocket expenses incurred by Mortgagee in connection with the preparation, execution execution, and filing of such statements that may be filed by Mortgagee, or, if paid by Mortgagee, such amounts, together with interest at the Default Rate, shall be added to the Indebtedness, payable on demand, and shall be secured by this Mortgage.

Security Agreement under Uniform Commercial Code. It is the intention of the parties hereto that this Mortgage shall constitute a Security Agreement within the meaning of Article 9 of the Uniform Commercial Code of the State of New YorkCode. Notwithstanding the filing of a financing statement covering any of the Mortgaged Property in the records normally pertaining to personal property, all of the Mortgaged Property, for all purposes and in all proceedings, legal or equitable, shall be regarded, at Mortgagees' Mortgagee's option (to the extent permitted by law) ), as part of the Real Estate whether or not any such item is physically attached to the Real Estate or serial numbers are used for the better identification of certain items. The mention in any such financing statement of any of the Mortgaged Property shall never be construed as in any way derogating from or impairing this declaration and it is the hereby stated intention of the parties that such mention in the financing statement is hereby declared to be for the protection of Mortgagee in the event any court shall at any time hold that notice of Mortgagee's priority of interest, interest to be effective against any third party, including the federal government and any authority or agency thereof, must be filed in the Uniform Commercial Code records. Pursuant to the provision of the Uniform Commercial Code, Mortgagor and Borrower hereby agree that each shall authorizes Mortgagee, without the signature of Mortgagor, to execute and hereby authorizes Mortgagee to file any financing and continuation statements which if Mortgagee shall determine determine, in its sole discretion discretion, that such are necessary or advisable in order to perfect it its security interest in the Equipment and Personalty Fixtures covered by this Mortgage, and Borrower Mortgagor shall pay to Mortgagee, on demand, any reasonable out-of-pocket expenses incurred by Mortgagee in connection with the preparation, execution execution, and filing of such statements that may be filed by Mortgagee, or, if paid by Mortgagee, such amounts, together with interest at the Default Rate, shall be added to the Indebtedness, payable on demand, and shall be secured by this Mortgage.

Security Agreement under Uniform Commercial Code. (a) It is the intention of the parties hereto that this Mortgage shall constitute a Security Agreement “security agreement” within the meaning of Article 9 of the Uniform Commercial Code of the State of New Yorkin which the Mortgaged Property is located (the “Code”). Notwithstanding the filing of Accordingly, Mortgagor hereby grants to Mortgagee a financing statement covering any security interest in that portion of the Mortgaged Property that constitutes personal property pursuant to the Code. If an Event of Default shall occur and be continuing, then in addition to having any other right or remedy available at law or in equity, Mortgagee, acting at the records normally pertaining to personal property, all direction of the Mortgaged Property, for all purposes and in all proceedings, legal or equitableMajority Holders, shall have the option of either (i) proceeding under the Code and exercising such rights and remedies as may be regarded, at Mortgagees' option (provided to a secured party by the extent permitted by law) as part of the Real Estate whether Code with respect to all or not any such item is physically attached to the Real Estate or serial numbers are used for the better identification of certain items. The mention in any such financing statement of any portion of the Mortgaged Property shall never be construed 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 any way derogating from or impairing this declaration accordance with Mortgagee’s rights, powers and it is remedies with respect to the hereby stated intention real property (in which event the default provisions of the parties that such mention in protection of Code shall not apply). If Mortgagee in shall elect to proceed under the event any court shall at any time hold that Code, then ten days’ notice of Mortgagee's priority sale of interestthe personal property shall be deemed reasonable notice and the reasonable expenses of retaking, to be effective against any third partyholding, including preparing for sale, selling and the federal government and any authority or agency thereof, must be filed in the Uniform Commercial Code records. Mortgagor and Borrower hereby agree that each shall execute and hereby authorizes Mortgagee to file any financing and continuation statements which Mortgagee shall determine in its sole discretion are necessary or advisable in order to perfect it security interest in the Equipment and Personalty covered by this Mortgage, and Borrower shall pay any expenses like incurred by Mortgagee in connection with shall include, but not be limited to, reasonable attorneys’ fees and legal expenses. At Mortgagee’s request, during the preparationcontinuance of an Event of Default, execution Mortgagor shall assemble the personal property and filing of such statements that may be filed make it available to Mortgagee at a place designated by Mortgagee, or, if paid by Mortgagee, such amounts, together with interest at the Default Rate, shall be added Mortgagee which is reasonably convenient to the Indebtedness, payable on demand, and shall be secured by this Mortgageboth parties.

Security Agreement under Uniform Commercial Code. (a) It is the intention of the parties hereto that this Mortgage shall constitute a pledge and Security Agreement within the meaning of Article 9 of the Uniform Commercial Code (the “Code”) of the State of New YorkWisconsin and Mortgagor hereby grants a security interest (and any proceeds thereof) in equipment and personal property, including goods or items of equipment or personal property which are or are to become fixtures. Notwithstanding If an Event of Default shall occur and be continuing under this Mortgage, then in addition to having any other right or remedy available at law or in equity (and available under the filing Guarantee), Mortgagee shall have the option of either (i) proceeding under the Code and exercising such rights and remedies as may be provided to a financing statement covering 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 Mortgagee’s rights, powers and remedies with respect to the records normally real property (in which event the default provisions of the Code shall not apply). If Mortgagee shall elect to proceed under the Code, then twenty (20) days’ 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 Mortgagee shall include, but not be limited to, reasonable attorneys’ fees and legal expenses. At Mortgagee’s request, Mortgagor shall assemble the personal property and make it available to Mortgagee at a place designated by Mortgagee which is reasonably convenient to both parties. If any Event of Default has occurred and is continuing, Mortgagee shall be the Mortgagor’s true and lawful attorney, with full power of substitution, with respect to any and all matters pertaining to the equipment and personal propertyproperty (and any proceeds thereof) with full power and authority to give instructions with respect to the collection and remittance of payments, all to endorse checks, to enforce the rights and remedies of the Mortgaged Property, for all purposes Mortgagor and to execute on behalf of the Mortgagor and in all proceedingsMortgagor’s name any instruction, legal agreement or equitableother writing required therefor. Mortgagor acknowledges and agrees that adisposition of the personal property in accordance with Mortgagee’s rights and remedies in respect to the Mortgaged Property as heretofore provided is a commercially reasonable disposition thereof. Notwithstanding the foregoing, shall be regarded, at Mortgagees' option (to the extent permitted by law) as part of the Real Estate whether or not any such item is physically attached to the Real Estate or serial numbers are used for the better identification of certain items. The mention in any such financing statement of any of that the Mortgaged Property shall never be construed includes [Collateral] (as defined in any way derogating from or impairing this declaration and it is the hereby stated intention Guarantee), the provisions of the parties that Guarantee shall govern with respect to such mention in protection of Mortgagee in the event any court shall at any time hold that notice of Mortgagee's priority of interest, to be effective against any third party, including the federal government and any authority or agency thereof, must be filed in the Uniform Commercial Code records. Mortgagor and Borrower hereby agree that each shall execute and hereby authorizes Mortgagee to file any financing and continuation statements which Mortgagee shall determine in its sole discretion are necessary or advisable in order to perfect it security interest in the Equipment and Personalty covered by this Mortgage, and Borrower shall pay any expenses incurred by Mortgagee in connection with the preparation, execution and filing of such statements that may be filed by Mortgagee, or, if paid by Mortgagee, such amounts, together with interest at the Default Rate, shall be added to the Indebtedness, payable on demand, and shall be secured by this Mortgageproperty.

Security Agreement under Uniform Commercial Code. It is the intention of the parties hereto Mortgagor and Mortgagee that this Mortgage shall constitute a Security Agreement within the meaning of Article 9 of the Uniform Commercial Code of Connecticut Statutes, and Mortgagor hereby grants to Mortgagee a security interest in the State Property. Mortgagee shall have all of New Yorkthe rights of a Secured Party under the Uniform Commercial Code with respect to the Property. Notwithstanding the The filing of a financing statement covering any of the Mortgaged Property in the records normally pertaining to personal propertyproperty notwithstanding, all of the Mortgaged Property, for all purposes and in all proceedings, legal or equitable, shall be regarded, at Mortgagees' Mortgagee's option (to the extent permitted by law) ), as part of the Real Estate whether or not any such item is physically attached to the Real Estate or serial numbers are used for the better identification of certain items. The mention in any such financing statement of any of the Mortgaged Property shall never be construed as in any way as derogating from or impairing this declaration and it is the hereby stated intention of the parties Mortgagor and Mortgagee that such mention in the financing statement is hereby declared to be for the protection of Mortgagee in the event any court shall at any time hold that notice of Mortgagee's the priority of interestthis Mortgage, to be effective against any third party, including the federal Federal government and or any authority or agency thereof, must be filed in the Uniform Commercial Code records. Pursuant to the provisions of the Uniform Commercial Code, Mortgagor and Borrower hereby agree that each shall authorizes Mortgagee, without the signature of Mortgagor, to execute and hereby authorizes Mortgagee to file any financing and continuation statements which if Mortgagee shall determine determine, in its sole discretion discretion, that such financing or continuation statements are necessary or advisable in order to preserve or perfect it its security interest in the Equipment and Personalty Fixtures covered by this Mortgage, and Borrower Mortgagor shall pay to Mortgagee, on demand, any reasonable expenses incurred by Mortgagee in connection with the preparation, execution and filing of such statements that may be filed by Mortgagee, or, if paid by Mortgagee, such amounts, together with interest at the Default Rate, shall be added to the Indebtedness, payable on demand, and shall be secured by this Mortgage.

Security Agreement under Uniform Commercial Code. (a) It is the intention of the parties hereto that this Mortgage shall constitute a Security Agreement within the meaning of Article 9 of the Uniform Commercial Code (the "Code") of the State of New York. Notwithstanding If an Event of Default shall occur under this Mortgage, then in addition to having any other right or remedy available at law or in equity, Mortgagee shall have the filing 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 Real Estate/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 Mortgagee's rights, powers and remedies with respect to the real property (in which event the default provisions of the Code shall not apply). If Mortgagee shall elect to proceed under the Code, then five days' 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 Mortgagee shall include, but not be limited to, attorneys' fees and legal expenses. At Mortgagee's request, Mortgagor shall assemble the personal property and make it available to Mortgagee at a place designated by Mortgagee which is reasonably convenient to both parties. This Mortgage shall likewise be a Financing Statement. This Mortgage shall be filed for record, among other places, in the real estate records of each county in which any portion of the Real Estate is situated, and, when filed in such counties, shall be effective as a financing statement covering fixtures located on salt and other mineral properties, which salt and other mineral properties (and accounts arising therefrom) and other as-extracted collateral are to be financed at the mines located on the Real Estate. At the option of Mortgagee, a carbon, photographic or other reproduction of this Mortgage or of any of financing statement covering the Mortgaged Property in the records normally pertaining to personal property, all of the Mortgaged Property, for all purposes and in all proceedings, legal or equitable, any portion thereof shall be regarded, at Mortgagees' option (to the extent permitted by law) sufficient as part of the Real Estate whether or not any such item is physically attached to the Real Estate or serial numbers are used for the better identification of certain items. The mention in any such a financing statement of any of the Mortgaged Property shall never be construed as in any way derogating from or impairing this declaration and it is the hereby stated intention of the parties that such mention in protection of Mortgagee in the event any court shall at any time hold that notice of Mortgagee's priority of interest, to be effective against any third party, including the federal government and any authority or agency thereof, must be filed in the Uniform Commercial Code records. Mortgagor and Borrower hereby agree that each shall execute and hereby authorizes Mortgagee to file any financing and continuation statements which Mortgagee shall determine in its sole discretion are necessary or advisable in order to perfect it security interest in the Equipment and Personalty covered by this Mortgage, and Borrower shall pay any expenses incurred by Mortgagee in connection with the preparation, execution and filing of such statements that may be filed by Mortgagee, or, if paid by Mortgagee, such amounts, together with interest at the Default Rate, shall be added to the Indebtedness, payable on demand, and shall be secured by this Mortgageas such.

Security Agreement under Uniform Commercial Code. (a) It is the intention of the parties hereto that this Mortgage shall constitute a Security Agreement “security agreement” within the meaning of Article 9 the UCC. The Mortgaged Property includes both real and personal property and all other rights and interests, whether tangible or intangible in nature, of Mortgagor in the Uniform Commercial Code Mortgaged Property. By executing and delivering this Mortgage, Mortgagor has granted and hereby grants to Mortgagee, as security for the Obligations, a security interest in all of Mortgagor’s right, title and interest in the State of New York. Notwithstanding Mortgaged Property to the filing of a financing statement covering any full extent that the Mortgaged Property may be subject to the UCC (the portion of the Mortgaged Property in the records normally pertaining to personal property, all of the Mortgaged Property, for all purposes and in all proceedings, legal or equitable, shall be regarded, at Mortgagees' option (so subject to the extent permitted by law) UCC being referred to in this paragraph as part the “Personal Property”). If an Event of Default shall occur and be continuing, Mortgagee shall have any and all rights and remedies granted to a secured party upon default under the Real Estate whether or not any such item is physically attached to the Real Estate or serial numbers are used for the better identification of certain items. The mention in any such financing statement of any of the Mortgaged Property shall never be construed as in any way derogating from or impairing this declaration and it is the hereby stated intention of the parties that such mention in protection of Mortgagee in the event any court shall at any time hold that notice of Mortgagee's priority of interest, to be effective against any third partyUCC, including the federal government right to take possession of the Personal Property or any part thereof and any authority to take such other measures as Mortgagee may deem necessary for the care, protection and preservation of the Personal Property. Upon reasonable request or agency thereofdemand of Mortgagee, must be filed Mortgagor shall at its expense assemble the Personal Property and make it available to Mortgagee at a convenient place acceptable to Mortgagee. Any notice of sale, disposition or other intended action of Mortgagee with respect to the Personal Property sent to Mortgagor in the Uniform Commercial Code records. Mortgagor and Borrower hereby agree that each shall execute and hereby authorizes Mortgagee to file any financing and continuation statements which Mortgagee shall determine in its sole discretion are necessary or advisable in order to perfect it security interest in the Equipment and Personalty covered by this Mortgage, and Borrower shall pay any expenses incurred by Mortgagee in connection accordance with the preparationprovisions hereof at least ten (10) days prior to such action shall constitute commercially reasonable notice to Mortgagor. In the event of any conflict between the terms of this Section ‎22 and terms of Article V of the Credit Agreement, execution and filing the terms of such statements that may be filed by Mortgagee, or, if paid by Mortgagee, such amounts, together with interest at Article V of the Default Rate, Credit Agreement shall be added to the Indebtedness, payable on demand, and shall be secured by this Mortgagecontrol.

Security Agreement under Uniform Commercial Code. (a) It is the intention of the parties hereto that this Mortgage shall constitute a Security Agreement “security agreement” within the meaning of Article 9 the UCC. The Mortgaged Property includes both real and personal property and all other rights and interests, whether tangible or intangible in nature, of Mortgagor in the Uniform Commercial Code of Mortgaged Property. By executing and delivering this Mortgage, Mortgagor has granted and hereby grants to Mortgagee, as security for the State of New York. Notwithstanding Obligations, a security interest in the filing of a financing statement covering any Mortgaged Property to the full extent that the Mortgaged Property may be subject to the UCC (the portion of the Mortgaged Property in the records normally pertaining to personal property, all of the Mortgaged Property, for all purposes and in all proceedings, legal or equitable, shall be regarded, at Mortgagees' option (so subject to the extent permitted by law) UCC being referred to in this paragraph as part the “Personal Property”). If an Event of Default shall occur and be continuing, Mortgagee shall have any and all rights and remedies granted to a secured party upon default under the Real Estate whether or not any such item is physically attached to the Real Estate or serial numbers are used for the better identification of certain items. The mention in any such financing statement of any of the Mortgaged Property shall never be construed as in any way derogating from or impairing this declaration and it is the hereby stated intention of the parties that such mention in protection of Mortgagee in the event any court shall at any time hold that notice of Mortgagee's priority of interest, to be effective against any third partyUCC, including the federal government right to take possession of the Personal Property or any part thereof and any authority to take such other measures as Mortgagee may deem necessary for the care, protection and preservation of the Personal Property. Upon request or agency thereofdemand of Mortgagee, must be filed following the occurrence and during the continuation of an Event of Default, Mortgagor shall at its expense assemble the Personal Property and make it available to Mortgagee at a convenient place acceptable to Mortgagee. Any notice of sale, disposition or other intended action of Mortgagee with respect to the Personal Property sent to Mortgagor in the Uniform Commercial Code records. Mortgagor and Borrower hereby agree that each shall execute and hereby authorizes Mortgagee to file any financing and continuation statements which Mortgagee shall determine in its sole discretion are necessary or advisable in order to perfect it security interest in the Equipment and Personalty covered by this Mortgage, and Borrower shall pay any expenses incurred by Mortgagee in connection accordance with the preparationprovisions hereof at least ten (10) Business Days prior to such action shall constitute commercially reasonable notice to Mortgagor. In the event of any conflict between the terms of this Section ‎40 and terms of the Security Agreement, execution and filing the terms of such statements that may be filed by Mortgagee, or, if paid by Mortgagee, such amounts, together with interest at the Default Rate, Security Agreement shall be added to the Indebtedness, payable on demand, and shall be secured by this Mortgagecontrol.

Security Agreement under Uniform Commercial Code. It is the intention of the parties hereto 5.1. The Mortgagor intends that this Mortgage shall constitute a Security Agreement security agreement within the meaning of Article 9 of the Uniform Commercial Code of the State (the "Code") with respect to all of New York. Notwithstanding the filing Mortgagor's right, title and interest in and to the Building Service Equipment and Furnishings as are considered or as shall be determined to be personal property or "fixtures" (as defined in the Code) and all books, records, licenses and certificates of the Mortgagor or relating to the Mortgaged Premises, together with all replacements thereof, substitutions therefor or additions thereto (said property being sometimes hereinafter in this ARTICLE V referred to as the "Personal Property Collateral"), and that a financing statement covering security interest shall attach thereto for the benefit of the Mortgagee to secure the Obligations and all other sums and charges which may become due hereunder, thereunder or under any of the Mortgaged Property in the records normally pertaining to personal property, all of the Mortgaged Property, for all purposes and in all proceedings, legal or equitable, shall be regarded, at Mortgagees' option (to the extent permitted by law) as part of the Real Estate whether or not any such item is physically attached to the Real Estate or serial numbers are used for the better identification of certain itemsother Loan Documents. The mention in any such financing statement of any of the Mortgaged Property shall never be construed as in any way derogating from or impairing this declaration and it is the hereby stated intention of the parties that such mention in protection of Mortgagee in the event any court shall at any time hold that notice of Mortgagee's priority of interest, to be effective against any third party, including the federal government and any authority or agency thereof, must be filed in the Uniform Commercial Code records. Mortgagor and Borrower hereby agree that each shall execute and hereby authorizes the Mortgagee to file any financing and continuation statements with respect to the Personal Property Collateral without the signature of the Mortgagor, if permitted by the Code as adopted by the State. In any event the Mortgagor covenants to execute such financing and continuation statements as the Mortgagee may reasonably request. If an Event of Default shall occur and be continuing, the Mortgagee, pursuant to the appropriate provisions of the Code, shall have the option of proceeding as to both real and personal property in accordance with its rights and remedies in respect of real property under this Mortgage and the law of the State, in which event the default provisions of the Code shall not apply. The Mortgagor agrees that, in the event the Mortgagee shall determine in its sole discretion are necessary or advisable in order elect to perfect it security interest in proceed with respect to the Equipment Personal Property Collateral separately from the real property, unless a greater period shall then be mandated by the Code, five (5) days notice of the sale of the Personal Property Collateral shall be reasonable notice. The expenses of retaking, holding, preparing for sale and Personalty covered selling incurred by this Mortgagethe Mortgagee shall be assessed against the Mortgagor and shall include, and Borrower shall pay any but not be limited to, the reasonable legal expenses incurred by Mortgagee. The Mortgagor agrees that it will not remove or permit to be removed from the Mortgaged Premises any of the Personal Property Collateral without the prior written consent of the Mortgagee except as set forth in connection with SECTION 2.7.2. All replacements, renewals and additions to the preparation, execution and filing of such statements that may be filed by Mortgagee, or, if paid by Mortgagee, such amounts, together with interest at the Default Rate, Personal Property Collateral shall be added and become immediately subject to the Indebtednesssecurity interest of this Mortgage and the provisions of this ARTICLE V. The Mortgagor warrants and represents that all Personal Property Collateral now is free and clear of all liens, payable on demandencumbrances or security interests other than the Permitted Encumbrances, and shall be secured by this Mortgagethat all replacements of the Personal Property Collateral, substitutions therefor or additions thereto, unless the Mortgagee otherwise consents, will be, free and clear of liens, encumbrances or security interests of others.

Security Agreement under Uniform Commercial Code. It is the intention of the parties hereto that this 5.1. This Mortgage shall constitute a Security Agreement security agreement within the meaning of Article 9 of the Uniform Commercial Code of the State of New York. Notwithstanding (the filing of a financing statement covering any of "Code"), and the Mortgaged Property Mortgagee shall be deemed to be the "secured party" (as that term is defined in the records normally pertaining Code). The Mortgagor hereby grants to personal propertythe Mortgagee, as additional collateral for the obligations under the Note and the other Obligations secured hereby, a security interest in and to all of the Mortgaged Property, for all purposes and in all proceedings, legal Premises which are considered or equitable, as shall be regardeddetermined to be personal property or "fixtures" (as defined in the Code), at Mortgagees' option (including, without limitation, the Building Service Equipment, the Furnishings, the Payments and Intangibles, all books, records, licenses and certificates of the Mortgagor relating to the extent permitted by law) Mortgaged Premises, together with all replacements thereof, substitutions therefor or additions thereto (said property being sometimes hereinafter referred to as part the "Personal Property"). The Mortgagor agrees that a security interest shall attach to the Personal Property for the benefit of the Real Estate whether Mortgagee to secure the indebtedness evidenced by the Note and the other Obligations secured by this Mortgage and all other sums and charges which may become due hereunder, thereunder or not any such item is physically attached to the Real Estate or serial numbers are used for the better identification of certain items. The mention in any such financing statement of under any of the Mortgaged Property shall never be construed as in any way derogating from or impairing this declaration and it is the hereby stated intention of the parties that such mention in protection of Mortgagee in the event any court shall at any time hold that notice of Mortgagee's priority of interest, to be effective against any third party, including the federal government and any authority or agency thereof, must be filed in the Uniform Commercial Code recordsother Security Documents. The Mortgagor and Borrower hereby agree that each shall execute and hereby authorizes the Mortgagee to file any financing and continuation statements with respect to the Personal Property without the signature of the Mortgagor, if permitted by the Code. In any event the Mortgagor covenants to execute such financing and continuation statements as the Mortgagee may reasonably request. If an Event of Default shall occur and be continuing, the Mortgagee, pursuant to the appropriate provisions of the Code, shall have the option of proceeding as to both real and personal property in accordance with its rights and remedies in respect of real property under this Mortgage and the law of the State, in which event the default provisions of the Code shall not apply. The Mortgagor agrees that, in the event the Mortgagee shall determine in its sole discretion are necessary or advisable in order elect to perfect it security interest in proceed with respect to the Equipment and Personalty covered Personal Property separately from the real property, unless a greater period shall then be mandated by this Mortgagethe Code, and Borrower shall pay any expenses incurred by Mortgagee in connection with five (5) days notice of the preparation, execution and filing sale of such statements that may be filed by Mortgagee, or, if paid by Mortgagee, such amounts, together with interest at the Default Rate, Personal Property shall be added to the Indebtednessreasonable notice. The expenses of retaking, payable on demandholding, and shall be secured by this Mortgage.FRK11497.A15 285741572 12/05/96 KDF:ac1

Security Agreement under Uniform Commercial Code. It is the intention of the parties hereto that this Mortgage 5.1. This Trust Deed shall constitute a Security Agreement security agreement and a fixture filing within the meaning of Article 9 of the Uniform Commercial Code of the State of New York. Notwithstanding (the filing of a financing statement covering any of "Code"), and the Mortgaged Property Beneficiary shall be deemed to be the "secured party" (as that term is defined in the records normally pertaining Code). The Trustor hereby grants to personal propertythe Beneficiary, as additional collateral for the obligations under the Note and the other Obligations secured hereby, a security interest in and to all of the Mortgaged Property, for all purposes and in all proceedings, legal Premises which are considered or equitable, as shall be regardeddetermined to be personal property or "fixtures" (as defined in the Code), at Mortgagees' option (including, without limitation, the Building Service Equipment, the Furnishings, the Payments and Intangibles, all books, records, licenses and certificates of the Trustor relating to the extent permitted by law) Mortgaged Premises, together with all replacements thereof, substitutions therefor or additions thereto (said property being sometimes hereinafter referred to as part the "Personal Property"). The Trustor agrees that a security interest shall attach to the Personal Property for the benefit of the Real Estate whether Beneficiary to secure the indebtedness evidenced by the Note and the other Obligations secured by this Trust Deed and all other sums and charges which may become due hereunder, thereunder or not any such item is physically attached to the Real Estate or serial numbers are used for the better identification of certain items. The mention in any such financing statement of under any of the Mortgaged Property shall never be construed as in any way derogating from or impairing this declaration and it is the hereby stated intention of the parties that such mention in protection of Mortgagee in the event any court shall at any time hold that notice of Mortgagee's priority of interest, to be effective against any third party, including the federal government and any authority or agency thereof, must be filed in the Uniform Commercial Code recordsother Security Documents. Mortgagor and Borrower hereby agree that each shall execute and The Trustor hereby authorizes Mortgagee the Beneficiary to file any financing and continuation statements with respect to the Personal Property without the signature of the Trustor, if permitted by the Code. In any event the Trustor covenants to execute such financing and continuation statements as the Beneficiary may reasonably request. If an Event of Default shall occur and be continuing, the Beneficiary, pursuant to the appropriate provisions of the Code, shall have the option of proceeding as to both real and personal property in accordance with its rights and remedies in respect of real property under this Trust Deed and the law of the State, in which Mortgagee event the default provisions of the Code shall determine in its sole discretion are necessary or advisable in order to perfect it security interest not apply. The Trustor agrees that, in the Equipment event the Beneficiary shall elect to proceed with respect to the Personal Property separately from the real property, unless a greater period shall then be mandated by the Code, five (5) days notice of the sale of the Personal Property shall be reasonable notice. The expenses of retaking, holding, preparing for sale and Personalty covered selling incurred by this Mortgagethe Beneficiary shall be assessed against the Trustor and shall include, and Borrower shall pay any but not be limited to, the reasonable legal expenses incurred by Mortgagee in connection with Beneficiary. The Trustor agrees that it will not remove or permit to be removed from the preparation, execution and filing Mortgaged Premises any of such statements that may be filed by Mortgagee, or, if paid by Mortgagee, such amounts, together with interest at the Default Rate, shall be added to the Indebtedness, payable on demand, and shall be secured by this Mortgage.Personal FRK11622.A05 285741572 01/09/97 KDF:

Security Agreement under Uniform Commercial Code. It is the intention of the parties hereto that this Mortgage shall constitute a Security Agreement “security agreement” within the meaning of Article 9 of the Uniform Commercial Code of the State of New YorkWisconsin (the “Code”). Notwithstanding If an Event of Default shall occur and be continuing under this Mortgage, then in addition to having any other right or remedy available at law or in equity, Mortgagee 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 Mortgagee’s rights, powers and remedies with respect to the real property (in which event the default provisions of the Code shall not apply). If Mortgagee shall elect to proceed under the Code, then ten days’ 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 Mortgagee shall include, but not be limited to, attorneys’ fees and legal expenses. At Mortgagee’s request, Mortgagor shall assemble the personal property and make it available to Mortgagee at a place designated by Mortgagee that is reasonably convenient to both parties. Certain portions of the Mortgaged Property are or will become “fixtures” (as that term is defined in the Code) on the Land, and this Mortgage, upon being filed for record in the real estate records of the county wherein such fixtures are situated, shall operate also as a financing statement filed as a fixture filing in accordance with the applicable provisions of said Code upon such portions of the Mortgaged Property that are or become fixtures. This Mortgage shall also be effective as a financing statement covering any of as-extracted collateral (including timber), accounts and general intangibles under the Mortgaged Property Code, and is to be filed for record in the real estate records normally pertaining to personal property, all of the Mortgaged Property, for all purposes and in all proceedings, legal or equitable, shall be regarded, at Mortgagees' option (to the extent permitted by law) as each county where any part of the Real Estate whether or not any such item is physically attached to the Real Estate or serial numbers Premise are used for the better identification of certain itemssituated. The mention real property to which the fixtures and the as-extracted collateral relate is described in any such Schedule A hereto. The record owner of the real property described in Schedule A hereto, if any, is Mortgagor. As of the date hereof, the name, type of organization and jurisdiction of organization of the debtor for purposes of this financing statement are the name, type of any organization and jurisdiction of organization of the Mortgaged Property shall never be construed as in any way derogating from or impairing this declaration and it is the hereby stated intention of the parties that such mention in protection of Mortgagee Mortgagor set forth in the event any court shall at any time hold that notice first paragraph of Mortgagee's priority of interest, to be effective against any third party, including the federal government and any authority or agency thereof, must be filed in the Uniform Commercial Code records. Mortgagor and Borrower hereby agree that each shall execute and hereby authorizes Mortgagee to file any financing and continuation statements which Mortgagee shall determine in its sole discretion are necessary or advisable in order to perfect it security interest in the Equipment and Personalty covered by this Mortgage, and Borrower shall pay any expenses incurred by the name of the secured party for purposes of this financing statement is the name of the Mortgagee set forth in connection with the preparationfirst paragraph of this Mortgage. As of the date hereof, execution and filing the mailing address of such statements that the Mortgagor/debtor is the address of the Mortgagor set forth in the first paragraph of this Mortgage. As of the date hereof, the mailing address of the Mortgagee/secured party from which information concerning the security interest hereunder may be filed by Mortgagee, or, if paid by Mortgagee, such amounts, together with interest at obtained is the Default Rate, shall be added to address of the Indebtedness, payable on demand, and shall be secured by Mortgagee set forth in the first paragraph of this Mortgage.

Security Agreement under Uniform Commercial Code. It is the intention of the parties hereto Mortgagor and Mortgagee agree that this Mortgage shall constitute a Security Agreement within the meaning of Article 9 of the Uniform Commercial Code of the State of New York. Notwithstanding Jersey (hereinafter in this paragraph referred to as the filing of a financing statement covering "Code") with respect to (i) any and all sums at any time on deposit or held by Mortgagee pursuant to any of the Mortgaged Property provisions of this Mortgage ("Deposits") and (ii) with respect to any goods or property included in the records normally pertaining to personal property, all definition of the term "Mortgaged Property", for all purposes and in all proceedings, legal which goods or equitable, shall property may not be regarded, at Mortgagees' option (deemed to the extent permitted by law) as form a part of the Real Estate whether described in Exhibit A hereto or may not any constitute a "fixture" (within the meaning of Section 9-313 of the Code), and all replacements of such item property, substitutions for such property, additions to such property, and the proceeds thereof (all of said property and the replacements, substitutions, and additions thereto and the proceeds thereof being sometimes hereinafter collectively referred to as the "Collateral"), and that a security interest in and to the Collateral is physically attached herby granted to Mortgagee, and the Collateral and all of Mortgagor's right, title and interest therein are hereby assigned to Mortgagee, to secure the Indebtedness and Obligations. Upon the occurrence and during the continuance of an Event of Default under this Mortgage, Mortgagee, pursuant to the appropriate provisions of the Code, shall have the option of proceeding with respect to the Collateral as to both real and personal property in accordance with its rights and remedies with respect to the real property, in which event the default provisions of the Code shall not apply. The parties agree that, in the event Mortgagee shall elect to proceed with respect to the collateral separately from the real property, ten (10) days' notice of the sale of the Collateral shall be reasonable notice. The expenses of retaking, holding, preparing for sale, selling and the like incurred by Mortgagee shall include, but not be limited to, attorneys' fees and expenses incurred by Mortgagee. Mortgagor agrees that, without the written consent of Mortgagee, Mortgagor will not remove or permit to be removed from the Real Estate or serial numbers are used for the better identification of certain items. The mention in any such financing statement of any of the Mortgaged Property shall never be construed as in any way derogating Collateral. Mortgagor shall, from or impairing this declaration and it is the hereby stated intention time to time, on request of Mortgagee, deliver to Mortgagee an inventory of the parties Collateral in reasonable detail. Mortgagor covenants and represents that such mention in protection of Mortgagee in the event any court shall at any time hold all Collateral now is, and that notice of Mortgagee's priority of interest, to be effective against any third party, including the federal government and any authority or agency all replacements thereof, must be filed in substitutions therefor or additions thereto, will be, free and clear of liens, encumbrances, or the Uniform Commercial Code records. Mortgagor and Borrower hereby agree that each shall execute and hereby authorizes Mortgagee to file any financing and continuation statements which Mortgagee shall determine in its sole discretion are necessary or advisable in order to perfect it security interest in the Equipment and Personalty covered by this Mortgageof others, and Borrower shall pay any expenses incurred by Mortgagee in connection with the preparation, execution and filing of such statements that may be filed by Mortgagee, or, if paid by Mortgagee, such amounts, together with interest at the Default Rate, shall be added to the Indebtedness, payable on demand, and shall be secured by this Mortgageother than Permitted Liens.

Security Agreement under Uniform Commercial Code. (a) It is the intention of the parties hereto that this Mortgage shall constitute a pledge and Security Agreement within the meaning of Article 9 of the Uniform Commercial Code (the “Code”) of the State of New York[Wisconsin] and Mortgagor hereby grants a security interest (and any proceeds thereof) in equipment and personal property, including goods or items of equipment or personal property which are or are to become fixtures. Notwithstanding If an Event of Default shall occur and be continuing under this Mortgage, then in addition to having any other right or remedy available at law or in equity (and available under the filing Guarantee), Mortgagee shall have the option of either (i) proceeding under the Code and exercising such rights and remedies as may be provided to a financing statement covering 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 Mortgagee’s rights, powers and remedies with respect to the records normally real property (in which event the default provisions of the Code shall not apply). If Mortgagee shall elect to proceed under the Code, then twenty (20) days’ 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 Mortgagee shall include, but not be limited to, reasonable attorneys’ fees and legal expenses. At Mortgagee’s request, Mortgagor shall assemble the personal property and make it available to Mortgagee at a place designated by Mortgagee which is reasonably convenient to both parties. If any Event of Default has occurred and is continuing, Mortgagee shall be the Mortgagor’s true and lawful attorney, with full power of substitution, with respect to any and all matters pertaining to the equipment and personal propertyproperty (and any proceeds thereof) with full power and authority to give instructions with respect to the collection and remittance of payments, all to endorse checks, to enforce the rights and remedies of the Mortgaged Property, for all purposes Mortgagor and to execute on behalf of the Mortgagor and in all proceedingsMortgagor’s name any instruction, legal agreement or equitableother writing required therefor. Mortgagor acknowledges and agrees that a disposition of the personal property in accordance with Mortgagee’s rights and remedies in respect to the Mortgaged Property as heretofore provided is a commercially reasonable disposition thereof. Notwithstanding the foregoing, shall be regarded, at Mortgagees' option (to the extent permitted by law) as part of the Real Estate whether or not any such item is physically attached to the Real Estate or serial numbers are used for the better identification of certain items. The mention in any such financing statement of any of that the Mortgaged Property shall never be construed includes [Collateral] (as defined in any way derogating from or impairing this declaration and it is the hereby stated intention Guarantee), the provisions of the parties that Guarantee shall govern with respect to such mention in protection of Mortgagee in the event any court shall at any time hold that notice of Mortgagee's priority of interest, to be effective against any third party, including the federal government and any authority or agency thereof, must be filed in the Uniform Commercial Code records. Mortgagor and Borrower hereby agree that each shall execute and hereby authorizes Mortgagee to file any financing and continuation statements which Mortgagee shall determine in its sole discretion are necessary or advisable in order to perfect it security interest in the Equipment and Personalty covered by this Mortgage, and Borrower shall pay any expenses incurred by Mortgagee in connection with the preparation, execution and filing of such statements that may be filed by Mortgagee, or, if paid by Mortgagee, such amounts, together with interest at the Default Rate, shall be added to the Indebtedness, payable on demand, and shall be secured by this Mortgageproperty.

Security Agreement under Uniform Commercial Code. It is the intention of the parties hereto Mortgagor and Mortgagee agree that this Mortgage shall constitute a Security Agreement within the meaning of Article 9 of the Uniform Commercial Code of the State of New York. Notwithstanding Jersey (hereinafter in this paragraph referred to as the filing of a financing statement covering "Code") with respect to (i) any and all sums at any time on deposit or held by Mortgagee pursuant to any of the Mortgaged Property provisions of this Mortgage ("Deposits") and (ii) with respect to any goods or property included in the records normally pertaining to personal property, all definition of the term "Mortgaged Property", for all purposes and in all proceedings, legal which goods or equitable, shall property may not be regarded, at Mortgagees' option (deemed to the extent permitted by law) as form a part of the Real Estate whether described in Exhibit A hereto or may not any constitute a "fixture" (within the meaning of Section 9-313 of the Code), and all replacements of such item property, substitutions for such property, additions to such property, and the proceeds thereof (all of said property and the replacements, substitutions, and additions thereto and the proceeds thereof being sometimes hereinafter collectively referred to as the "Collateral"), and that a security interest in and to the Collateral is physically attached hereby granted to Mortgagee, and the Collateral and all of Mortgagor's right, title and interest therein are hereby assigned to Mortgagee, to secure the Indebtedness and Obligations. Upon the occurrence and during the continuance of an Event of Default under this Mortgage, Mortgagee, pursuant to the appropriate provisions of the Code, shall have the option of proceeding with respect to the Collateral as to both real and personal property in accordance with its rights and remedies with respect to the real property, in which event the default provisions of the Code shall not apply. The parties agree that, in the event Mortgagee shall elect to proceed with respect to the Collateral separately from the real property, ten (10) days' notice of the sale of the Collateral shall be reasonable notice. The expenses of retaking, holding, preparing for sale, selling and the like incurred by Mortgagee shall include, but not be limited to, attorneys' fees and expenses incurred by Mortgagee. Mortgagor agrees that, without the written consent of Mortgagee, Mortgagor will not remove or permit to be removed from the Real Estate or serial numbers are used for the better identification of certain items. The mention in any such financing statement of any of the Mortgaged Property shall never be construed as in any way derogating Collateral. Mortgagor shall, from or impairing this declaration and it is the hereby stated intention time to time, on request of Mortgagee, deliver to Mortgagee an inventory of the parties Collateral in reasonable detail. Mortgagor covenants and represents that such mention in protection all Collateral now is, and that all replacements thereof, substitutions therefor or additions thereto, will be, free and clear of Mortgagee liens, encumbrances, or the security interest of others, other than Permitted Liens (as defined in the event any court shall at any time hold that notice of Mortgagee's priority of interest, to be effective against any third party, including the federal government and any authority or agency thereof, must be filed in the Uniform Commercial Code records. Mortgagor and Borrower hereby agree that each shall execute and hereby authorizes Mortgagee to file any financing and continuation statements which Mortgagee shall determine in its sole discretion are necessary or advisable in order to perfect it security interest in the Equipment and Personalty covered by this Mortgage, and Borrower shall pay any expenses incurred by Mortgagee in connection with the preparation, execution and filing of such statements that may be filed by Mortgagee, or, if paid by Mortgagee, such amounts, together with interest at the Default Rate, shall be added to the Indebtedness, payable on demand, and shall be secured by this MortgageCamden Loan Agreement).

Security Agreement under Uniform Commercial Code. It is the intention of the parties hereto that this Mortgage 5.1. This Trust Deed shall constitute a Security Agreement security agreement and a fixture filing within the meaning of Article 9 of the Uniform Commercial Code of the State of New York. Notwithstanding (the filing of a financing statement covering any of "Code"), and the Mortgaged Property Beneficiary shall be deemed to be the "secured party" (as that term is defined in the records normally pertaining Code). The Trustor hereby grants to personal propertythe Beneficiary, as additional collateral for the obligations under the Note and the other Obligations secured hereby, a security interest in and to all of the Mortgaged Property, for all purposes and in all proceedings, legal Premises which are considered or equitable, as shall be regardeddetermined to be personal property or "fixtures" (as defined in the Code), at Mortgagees' option (including, without limitation, the Building Service Equipment, the Furnishings, the Payments and Intangibles, all books, records, licenses and certificates of the Trustor relating to the extent permitted by law) Mortgaged Premises, together with all replacements thereof, substitutions therefor or additions thereto (said property being sometimes hereinafter referred to as part the "Personal Property"). The Trustor agrees that a security interest shall attach to the Personal Property for the benefit of the Real Estate whether Beneficiary to secure the indebtedness evidenced by the Note and the other Obligations secured by this Trust Deed and all other sums and charges which may become due hereunder, thereunder or not any such item is physically attached to the Real Estate or serial numbers are used for the better identification of certain items. The mention in any such financing statement of under any of the Mortgaged Property shall never be construed as in any way derogating from or impairing this declaration and it is the hereby stated intention of the parties that such mention in protection of Mortgagee in the event any court shall at any time hold that notice of Mortgagee's priority of interest, to be effective against any third party, including the federal government and any authority or agency thereof, must be filed in the Uniform Commercial Code recordsother Security Documents. Mortgagor and Borrower hereby agree that each shall execute and The Trustor hereby authorizes Mortgagee the Beneficiary to file any financing and continuation statements with respect to the Personal Property without the signature of the Trustor, if permitted by the Code. In any event the Trustor covenants to execute such financing and continuation statements as the Beneficiary may reasonably request. If an Event of Default shall occur and be continuing, the Beneficiary, pursuant to the appropriate provisions of the Code, shall have the option of proceeding as to both real and personal property in accordance with its rights and remedies in respect of real property under this Trust Deed and the law of the State, in which Mortgagee event the default provisions of the Code shall determine in its sole discretion are necessary or advisable in order to perfect it security interest not apply. The Trustor agrees that, in the Equipment event the Beneficiary shall elect to proceed with respect to the Personal Property separately from the real property, unless a greater period shall then be mandated by the Code, five (5) days notice of the sale of the Personal Property shall be reasonable notice. The expenses of retaking, holding, preparing for sale and Personalty covered selling incurred by this Mortgagethe Beneficiary shall be assessed against the Trustor and shall include, and Borrower shall pay any but not be limited to, the reasonable legal expenses incurred by Mortgagee in connection with Beneficiary. The Trustor agrees that it will not remove or permit to be removed from the preparation, execution and filing Mortgaged Premises any of such statements that may be filed by Mortgagee, or, if paid by Mortgagee, such amounts, together with interest at the Default Rate, shall be added to the Indebtedness, payable on demand, and shall be secured by this Mortgage.Personal FRK11626.A05 285741572 01/09/97 KDF: