WITH THE
TERMS OF THE LOAN DOCUMENTS WITH RESPECT TO ANY SUCH CHANGES.
SECTION 6.3
FIXTURE FILING.
THIS DEED OF TRUST SHALL ALSO CONSTITUTE
A "FIXTURE FILING" FOR THE PURPOSES OF THE UCC AGAINST ALL OF THE TRUST PROPERTY
WHICH IS OR IS TO BECOME FIXTURES.
THE INFORMATION PROVIDED IN THIS SECTION 6.3
IS PROVIDED SO THAT THIS DEED OF TRUST SHALL COMPLY WITH THE REQUIREMENTS OF THE
UCC FOR A DEED OF TRUST INSTRUMENT TO BE FILED AS A FINANCING STATEMENT.
TRUSTOR IS THE "DEBTOR" AND ITS NAME AND MAILING ADDRESS ARE SET FORTH IN THE
PREAMBLE OF THIS DEED OF TRUST IMMEDIATELY PRECEDING ARTICLE 1.
BENEFICIARY IS
THE "SECURED PARTY" AND ITS NAME AND MAILING ADDRESS FROM WHICH INFORMATION
CONCERNING THE SECURITY INTEREST GRANTED HEREIN MAY BE OBTAINED ARE ALSO SET
FORTH IN THE PREAMBLE OF THIS DEED OF TRUST IMMEDIATELY PRECEDING ARTICLE 1.
A
STATEMENT DESCRIBING THE PORTION OF THE TRUST PROPERTY COMPRISING THE FIXTURES
HEREBY SECURED IS SET FORTH IN SECTION 1.1(I) OF THIS DEED OF TRUST.
TRUSTOR
REPRESENTS AND WARRANTS TO BENEFICIARY THAT TRUSTOR IS THE RECORD OWNER OF THE
TRUST PROPERTY AND THE ORGANIZATIONAL IDENTIFICATION NUMBER OF TRUSTOR IS
3372677.
ARTICLE 7
MISCELLANEOUS
SECTION 7.1
NOTICES.
ANY NOTICE REQUIRED OR PERMITTED TO BE GIVEN
UNDER THIS DEED OF TRUST SHALL BE GIVEN IN ACCORDANCE WITH SECTION 9.01 OF THE
CREDIT AGREEMENT, THE PROVISIONS OF WHICH ARE INCORPORATED HEREIN BY THIS
REFERENCE, EXCEPT THAT NOTICES REQUIRED BY APPLICABLE LAW SHALL BE GIVEN SOLELY
IN THE MANNER SPECIFIED BY SUCH LAW.
SECTION 7.2
COVENANTS RUNNING WITH THE LAND.
ALL OBLIGATIONS
CONTAINED IN THIS DEED OF TRUST ARE INTENDED BY TRUSTOR AND BENEFICIARY TO BE,
AND SHALL BE CONSTRUED AS, COVENANTS RUNNING WITH THE TRUST PROPERTY.
AS USED
HEREIN, "TRUSTOR" SHALL REFER TO THE PARTY NAMED IN THE FIRST PARAGRAPH OF THIS
DEED OF TRUST AND TO ANY SUBSEQUENT OWNER OF ALL OR ANY PORTION OF THE TRUST
PROPERTY.
ALL PERSONS
8
WHO MAY HAVE OR ACQUIRE AN INTEREST IN THE TRUST PROPERTY SHALL BE DEEMED TO
HAVE NOTICE OF, AND BE BOUND BY, THE TERMS OF THE CREDIT AGREEMENT AND THE OTHER
LOAN DOCUMENTS; PROVIDED, HOWEVER, THAT NO SUCH PARTY SHALL BE ENTITLED TO ANY
RIGHTS THEREUNDER WITHOUT THE PRIOR WRITTEN CONSENT OF BENEFICIARY.
SECTION 7.3
ATTORNEY-IN-FACT.
TRUSTOR HEREBY IRREVOCABLY APPOINTS
BENEFICIARY AS ITS ATTORNEY-IN-FACT, WHICH AGENCY IS COUPLED WITH AN INTEREST
AND WITH FULL POWER OF SUBSTITUTION, WITH FULL AUTHORITY IN THE PLACE AND STEAD
OF TRUSTOR AND IN THE NAME OF TRUSTOR OR OTHERWISE (A) TO EXECUTE AND/OR RECORD
ANY NOTICES OF COMPLETION, CESSATION OF LABOR OR ANY OTHER NOTICES THAT
BENEFICIARY DEEMS NECESSARY AND APPROPRIATE TO PROTECT BENEFICIARY'S INTEREST,
IF TRUSTOR SHALL FAIL TO DO SO PROMPTLY AFTER WRITTEN REQUEST BY BENEFICIARY,
(B) UPON THE ISSUANCE OF A DEED PURSUANT TO THE FORECLOSURE OF THIS DEED OF
TRUST OR THE DELIVERY OF A DEED IN LIEU OF FORECLOSURE, TO EXECUTE ALL
INSTRUMENTS OF ASSIGNMENT, CONVEYANCE OR FURTHER ASSURANCE WITH RESPECT TO THE