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<br />Mortgage, Assignment of Rents,
<br />Security Agreement and Fixture Filing
<br />Page 16
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<br />property and the Governmental Lender shall be under no duty to seek a tax division or
<br />apportionment of the tax bill.
<br />3.
<br />UNIFORM COMMERCIAL CODE SECURITY AGREEMENT
<br />3.1 Security Agreement. This Security Instrument shall constitute a security agreement as
<br />defined in the UCC in all assets of Borrower and the items described in the Granting Clauses of
<br />this Security Instrument, including but not limited to all of the Improvements, the Personal
<br />Property, Accounts, Chattel Paper, Deposit Accounts, Documents, Equipment, General
<br />Intangibles, Goods, Instruments, Investment Property, Intellectual Property, Intellectual Property
<br />Rights, Letter-of-Credit Rights, Supporting Obligations, all sums on deposit in any collateral
<br />account, any items in any lockbox, all monies whether or not in the possession or control of
<br />Governmental Lender, or a bailee of Governmental Lender, including any cash collateral; all
<br />accessions to, substitutions for, and all replacements, accessories, attachments, parts, equipment
<br />and repairs, products, and cash and non-cash proceeds with respect to the foregoing, including
<br />proceeds of and unearned premiums with respect to insurance policies, and claims against any
<br />person or entity for loss, damage, or destruction of any of the foregoing; all warehouse receipts,
<br />bills of lading and other documents of title now or hereafter covering the foregoing; all collateral
<br />subject to the lien of any Financing Document; any money, or other assets of the Borrower that
<br />now or hereafter come into the possession, custody, or control of the Governmental Lender; and
<br />all books and records (including customer lists, files, correspondence, tapes, computer programs,
<br />printouts, and computer records) with respect to the foregoing (collectively, the “Collateral”). Any
<br />Collateral installed in or used in the Premises are to be used by the Borrower solely for Borrower’s
<br />business purposes or as the equipment and fixtures leased or furnished by the Borrower, as
<br />landlord, to tenants of the Premises and such Collateral will be kept at the buildings on the Premises
<br />and will not be removed therefrom without the consent of the Governmental Lender and may be
<br />affixed to such buildings but will not be affixed to any other real estate. The remedies of the
<br />Governmental Lender hereunder are cumulative and separate, and the exercise of any one or more
<br />of the remedies provided for herein or under the UCC shall not be construed as a waiver of any of
<br />the other rights of the Governmental Lender including having any Collateral deemed part of the
<br />realty upon any foreclosure thereof. If notice to any party of the intended disposition of the
<br />Collateral is required by law in a particular instance, such notice shall be deemed commercially
<br />reasonable if given at least ten (10) days prior to such intended disposition and may be given by
<br />advertisement in a newspaper accepted for legal publications either separately or as part of a notice
<br />given to foreclose the Premises or may be given by private notice if such parties are known to
<br />Governmental Lender. Neither the grant of a security interest pursuant to this Security Instrument
<br />nor the filing of a financing statement pursuant to the UCC shall ever impair the stated intention
<br />of this Security Instrument that all Collateral comprising the Premises and at all times and for all
<br />purposes and in all proceedings both legal or equitable shall be regarded as part of the Premises
<br />irrespective of whether such item is physically attached to the Premises or any such item is referred
<br />to or reflected in a financing statement. Borrower will within five (5) days after demand deliver
<br />all financing statements that may from time to time be required by Governmental Lender to
<br />establish, perfect and continue the priority of Governmental Lender’s security interest in the
<br />Collateral and shall pay all expenses incurred by Governmental Lender in connection with the
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