Common use of Uniform Commercial Code Security Agreement Clause in Contracts

Uniform Commercial Code Security Agreement. This Agreement is also a security agreement under the Uniform Commercial Code with respect to the Hedge Collateral as provided in Article V and the Pledged Security Collateral as provided in Article VIII and all funds and accounts and investments thereof now or hereafter held by the Administrator under the Series Certificate Agreement (to the extent of any retained interested by the Sponsor therein) and all funds and accounts and investments thereof now or hereafter held for the benefit of Fxxxxxx Mac under the Repair Escrow Agreement, the Ohio Portfolio Escrow Agreement and the Villages at Lost Creek Escrow Agreement and all cash and non-cash proceeds thereof (collectively, “UCC Collateral”), and the Sponsor hereby grants to Fxxxxxx Mac a security interest in the UCC Collateral as security for all Obligations due under this Agreement and under any of the Sponsor Documents. The Sponsor shall execute and deliver to Fxxxxxx Mac, upon Fxxxxxx Mac’s request, financing statements, continuation statements and other account agreements and amendments, in such form as Fxxxxxx Mac may require to perfect or continue the perfection of this security interest. The Sponsor shall pay or cause to be paid all filing costs and all costs and expenses of any record searches for financing statements that Fxxxxxx Mac may reasonably require. Except as otherwise permitted herein, without the prior written consent of Fxxxxxx Mac, the Sponsor shall not create or permit to exist any other lien or security interest in any of the UCC Collateral. The Sponsor covenants and agrees that it will defend Fxxxxxx Mac’s rights and security interests created by this Article against the claims and demands of all Persons. If an Event of Default has occurred and is continuing, subject to Article VII hereof, Fxxxxxx Mac shall have the remedies of a secured party under the Uniform Commercial Code, in addition to all remedies provided by this Agreement or existing under applicable law. In exercising any remedies, Fxxxxxx Mac may exercise its remedies against the UCC Collateral separately or together, and in any order, without in any way affecting the availability of the other remedies available to Fxxxxxx Mac.

Uniform Commercial Code Security Agreement. This Agreement is also a security agreement under the Uniform Commercial Code with respect to for the Hedge Collateral as provided in Article V and Cap Reserve Account, the Pledged Security Collateral as provided in Article VIII Cap Fee Escrow, the Principal Reserve Funds and all funds and accounts and investments thereof of funds and accounts now or hereafter held by the Administrator Trustee under the Series Certificate Agreement Indenture (to the extent of the Owner retains any retained interested by the Sponsor interest therein) and all funds and accounts and investments thereof now or hereafter held for by the benefit of Fxxxxxx Mac Servicer with respect to payments payable under the Repair Escrow AgreementLoan or the Reimbursement Security Documents, the Ohio Portfolio Escrow Agreement and the Villages at Lost Creek Escrow Agreement and all products and cash and non-cash proceeds thereof (collectively, “"UCC Collateral”), and the Sponsor hereby grants to Fxxxxxx Mac a security interest in the UCC Collateral as security ") for all Obligations obligations due under this Agreement and under any of the Sponsor Borrower Documents, and the Owner hereby grants to Xxxxxxx Mac a security interest in the UCC Collateral. The Sponsor Owner shall execute and deliver to Fxxxxxx Xxxxxxx Mac upon Xxxxxxx Mac, upon Fxxxxxx Mac’s 's request, financing statements, continuation statements statements, and other account agreements and amendments, in such form as Fxxxxxx Xxxxxxx Mac may require to perfect or continue the perfection of this security interest. The Sponsor Owner shall pay or cause to be paid all filing costs and all costs and expenses of any record searches for financing statements that Fxxxxxx Xxxxxxx Mac may reasonably require. Except as otherwise permitted herein, without Without the prior written consent of Fxxxxxx Xxxxxxx Mac, the Sponsor Owner shall not create or permit to exist any other lien or security interest in any of the UCC CollateralCollateral (other than as created under the Indenture). The Sponsor Owner covenants and agrees that it will defend Fxxxxxx Xxxxxxx Mac’s 's rights and security interests created by this Article against the claims and demands of all Persons. If an Event of Default has occurred and is continuing, subject to Article VII hereof, Fxxxxxx Xxxxxxx Mac shall have the remedies of a secured party under the Uniform Commercial Code, in addition to all remedies provided by this Agreement or existing under applicable law. In exercising any remedies, Fxxxxxx Xxxxxxx Mac may exercise its remedies against the UCC Collateral separately or together, together and in any order, without in any way affecting the availability of the other remedies available to Fxxxxxx Xxxxxxx Mac.

Uniform Commercial Code Security Agreement. (a) This Agreement is also a security agreement under the Uniform Commercial Code with respect for any of the Contracts, Accounts, Equipment, Inventory, Leases and Rents of Operator which, under applicable law, may be subject to a security interest under the Hedge Collateral as provided Uniform Commercial Code, whether acquired now or in Article V and the Pledged Security Collateral as provided in Article VIII future and all funds products and accounts and investments thereof now or hereafter held by the Administrator under the Series Certificate Agreement (to the extent of any retained interested by the Sponsor therein) and all funds and accounts and investments thereof now or hereafter held for the benefit of Fxxxxxx Mac under the Repair Escrow Agreement, the Ohio Portfolio Escrow Agreement and the Villages at Lost Creek Escrow Agreement and all cash and non-cash proceeds thereof (collectively, “UCC Collateral”), . Operator hereby assigns and the Sponsor hereby grants to Fxxxxxx Mac Lender a security interest in the UCC Collateral as security for to secure all Obligations due of the Operator under this Agreement and under any of the Sponsor DocumentsOperating Lease. The Sponsor shall execute and deliver Operator hereby authorizes Lender to Fxxxxxx Mac, upon Fxxxxxx Mac’s request, file financing statements, continuation statements and other account agreements and amendments, financing statement amendments in such form as Fxxxxxx Mac Lender may require to perfect or continue the perfection of this security interestinterest and Operator Subordination, Assignment and Security Agreement Form 4079 (Seniors Housing) (Memorial Xxxxx) 05-05 Ó 2000-2005 Xxxxxx Mae agrees, if Lender so requests, to execute and deliver to Lender such financing statements, continuation statements and amendments. The Sponsor Borrower shall pay or cause to be paid all filing costs and all costs and expenses of any record searches for financing statements that Fxxxxxx Mac Lender may reasonably require. Except as otherwise permitted herein, without Without the prior written consent of Fxxxxxx MacLender, the Sponsor Operator shall not create or permit to exist any other lien or security interest in any of the UCC Collateral. The Sponsor covenants Operator represents and agrees warrants that it will defend Fxxxxxx Mac’s rights and security interests created by this Article against the claims and demands Operator has delivered or has caused to be delivered to Lender copies, with filing information, of all Persons. If an Event of Default has occurred and is continuingthe UCC financing statements, subject to Article VII hereofincluding any amendments, Fxxxxxx Mac shall have naming Operator, as debtor, that pledge any of the remedies of a secured party Collateral under the Uniform Commercial CodeLoan Documents or any UCC Collateral under this Agreement to any Person other than Lender, including but not limited to, all of the UCC financing statements naming Operator, as debtor, and Wachovia Bank, National Association, as secured party, in addition connection with that certain Credit and Security Agreement dated as of May 9, 2005, as the same has been amended (the “Operator UCC Amendments”). Operator hereby authorizes Lender to file the Operator UCC Amendments with the appropriate Governmental Authority. Operator represents and warrants that Operator has entered into the Seventh Amendment to Credit and Security Agreement (the “Wachovia Agreement”) dated the date hereof with Wachovia Bank, National Association (“Wachovia”) wherein Wachovia released all remedies provided of its Liens on certain property of Operator with respect to the Mortgaged Properties. Operator further represents and warrants that the property released by this Wachovia pursuant to the Wachovia Agreement or existing under applicable law. In exercising any remedies, Fxxxxxx Mac may exercise its remedies against the UCC Collateral separately or together, and in any order, without in any way affecting the availability represents all of the other remedies available property of Operator with respect to Fxxxxxx Macthe Mortgaged Properties that had been pledged to Wachovia.

Uniform Commercial Code Security Agreement. This Agreement is also intended to be a security agreement under pursuant to the Uniform Commercial Code with respect for any of the items specified above as part of the Collateral which, under applicable law, may be subject to a security interest pursuant to the Hedge Collateral Uniform Commercial Code, and Xxxxxxxx hereby grants the Investors, collectively, a security interest in said items. Xxxxxxxx agrees to execute and file financing statements, as provided in Article V well as extensions, renewals and the Pledged Security Collateral as provided in Article VIII amendments thereof, and all funds reproductions of this Agreement, and accounts and investments thereof now or hereafter held by the Administrator do whatever may be necessary under the Series Certificate Agreement (applicable Uniform Commercial Code in the state where the Collateral is located, to perfect and continue the extent of any retained interested by Investors' interest in the Sponsor therein) Collateral, all at Xxxxxxxx'x expense. The parties agree that such financing statements, extensions and all funds and accounts and investments thereof now renewals may be filed in the name of, or hereafter held for the benefit of Fxxxxxx Mac under PAG, on behalf of the Repair Escrow Agreement, the Ohio Portfolio Escrow Agreement and the Villages at Lost Creek Escrow Agreement Investor and all cash and non-cash proceeds thereof (other holders of the Notes, collectively, “UCC Collateral”), and . Xxxxxxxx also agrees that the Sponsor hereby grants to Fxxxxxx Mac a security interest Investor may file on behalf of the Investors any appropriate document in the UCC Collateral appropriate index as security a financing statement for all Obligations due under this Agreement and under any of the Sponsor Documentsitems specified above as part of the Collateral. The Sponsor Xxxxxxxx shall execute and deliver to Fxxxxxx Mac, upon Fxxxxxx Mac’s request, pay all costs of filing such financing statements, continuation statements and other account agreements and any extensions, renewals, amendments, in such form as Fxxxxxx Mac may require to perfect or continue the perfection of this security interest. The Sponsor and releases thereof, and shall pay or cause to be paid all filing costs and all reasonable costs and expenses of any record searches for financing statements that Fxxxxxx Mac the Investor may reasonably require. Except as otherwise permitted herein, without Without the prior written consent of Fxxxxxx Macthe Investor, the Sponsor Xxxxxxxx shall not create or permit allow to exist be created, pursuant to the Uniform Commercial Code, any other lien or security interest in any the Collateral, including replacements and additions thereto. Upon the occurrence of the UCC Collateral. The Sponsor covenants and agrees that it will defend Fxxxxxx Mac’s rights and security interests created by this Article against the claims and demands an event of all Persons. If an Event of Default has occurred and is continuingdefault, subject to Article VII hereof, Fxxxxxx Mac Investor shall have the remedies of a secured party under the Uniform Commercial CodeCode and, in addition to all at the Investor's option, may also invoke the other remedies provided by in this Agreement or existing under applicable lawas to such items. In exercising any of said remedies, Fxxxxxx Mac the Investor may exercise its remedies proceed against the UCC items of real property and any items of personal property specified above as part of the Collateral separately or together, together and in any orderorder whatsoever, without in any way affecting the availability of the Investor's remedies under the Uniform Commercial Code or of the other remedies available to Fxxxxxx Macprovided in this Agreement.

Uniform Commercial Code Security Agreement. This Agreement is also a security agreement under the Uniform Commercial Code with respect to the Hedge Collateral as provided in Article V and the Pledged Security Collateral as provided in Article VIII and all funds and accounts and investments thereof now or hereafter held by the Administrator under the Series Certificate Agreement (to the extent of any retained interested by the Sponsor therein) and all funds and accounts and investments thereof now or hereafter held for the benefit of Fxxxxxx Xxxxxxx Mac under the Repair Escrow AgreementCustody Account, the Ohio Portfolio Escrow Agreement and the Villages at Lost Creek Escrow Agreement and all cash and non-cash proceeds thereof (collectively, “UCC Collateral”), and the Sponsor hereby grants to Fxxxxxx Xxxxxxx Mac a security interest in the UCC Collateral as security for all Obligations due under this Agreement and under any of the Sponsor Documents. The Sponsor shall execute and deliver to Fxxxxxx Xxxxxxx Mac, upon Fxxxxxx Xxxxxxx Mac’s request, financing statements, continuation statements and other account agreements and amendments, in such form as Fxxxxxx Xxxxxxx Mac may require to perfect or continue the perfection of this security interest. The Sponsor shall pay or cause to be paid all filing costs and all costs and expenses of any record searches for financing statements that Fxxxxxx Xxxxxxx Mac may reasonably require. Except as otherwise permitted herein, without the prior written consent of Fxxxxxx Xxxxxxx Mac, the Sponsor shall not create or permit to exist any other lien or security interest in any of the UCC Collateral. The Sponsor covenants and agrees that it will defend Fxxxxxx Xxxxxxx Mac’s rights and security interests created by this Article against the claims and demands of all Persons. If an Event of Default has occurred and is continuing, subject to Article VII hereof, Fxxxxxx Xxxxxxx Mac shall have the remedies of a secured party under the Uniform Commercial Code, in addition to all remedies provided by this Agreement or existing under applicable law. In exercising any remedies, Fxxxxxx Xxxxxxx Mac may exercise its remedies against the UCC Collateral separately or together, and in any order, without in any way affecting the availability of the other remedies available to Fxxxxxx Xxxxxxx Mac.

Uniform Commercial Code Security Agreement. This Agreement Deed is also intended to ------------------------------------------ be a security agreement under pursuant to the Uniform Commercial Code for any of the items specified above as part of the Property which, under applicable law, may be subject to a security interest pursuant to the Uniform Commercial Code, and Borrower hereby grants and conveys to METLIFE a first and prior security interest in all of the Property that constitutes personalty, whether now owned or hereafter acquired. Xxxxxxxx agrees to execute and deliver to METLIFE, upon METLIFE's request, any financing statements, as well as extensions, renewals and amendments thereof, and reproductions of this Deed in such form as METLIFE may require to perfect a security interest with respect to the Hedge Collateral as provided in Article V foregoing items. Borrower shall pay all costs of filing such financing statements and the Pledged Security Collateral as provided in Article VIII any extensions, renewals, amendments and all funds and accounts and investments thereof now or hereafter held by the Administrator under the Series Certificate Agreement (to the extent of any retained interested by the Sponsor therein) and all funds and accounts and investments thereof now or hereafter held for the benefit of Fxxxxxx Mac under the Repair Escrow Agreement, the Ohio Portfolio Escrow Agreement and the Villages at Lost Creek Escrow Agreement and all cash and non-cash proceeds thereof (collectively, “UCC Collateral”)releases thereof, and the Sponsor hereby grants to Fxxxxxx Mac a security interest in the UCC Collateral as security for all Obligations due under this Agreement and under any of the Sponsor Documents. The Sponsor shall execute and deliver to Fxxxxxx Mac, upon Fxxxxxx Mac’s request, financing statements, continuation statements and other account agreements and amendments, in such form as Fxxxxxx Mac may require to perfect or continue the perfection of this security interest. The Sponsor shall pay or cause to be paid all filing costs and all costs and expenses of any record searches for financing statements that Fxxxxxx Mac METLIFE may reasonably require. Except as otherwise permitted herein, without Without the prior written consent of Fxxxxxx MacMETLIFE, the Sponsor Borrower shall not create or permit suffer to exist be created pursuant to the Uniform Commercial Code any other lien or security interest in said items, including replacements and additions thereto. Upon Xxxxxxxx's breach of any covenant or agreement of Borrower contained in this Deed, including the UCC Collateral. The Sponsor covenants and agrees that it will defend Fxxxxxx Mac’s rights and security interests created to pay when due all sums secured by this Article against the claims and demands of all Persons. If an Event of Default has occurred and is continuingDeed, subject to Article VII hereof, Fxxxxxx Mac METLIFE shall have the remedies of a secured party under the Uniform Commercial Code, in addition to all and METLIFE may also invoke the remedies provided by in Section 26 ---------- of this Agreement or existing under applicable lawDeed as to such items. In exercising any remedies, Fxxxxxx Mac of said remedies METLIFE may exercise its remedies proceed against the UCC Collateral items of Property separately or together, together and in any orderorder whatsoever, without in any way affecting the availability of METLIFE's remedies under the other Uniform Commercial Code or of the remedies available provided in Section 26 of ---------- this Deed. Within ten (10) days following any request therefor by METLIFE, Borrower shall prepare and deliver to Fxxxxxx MacMETLIFE a written inventory specifically listing all of the personal property covered by the security interest herein granted, which inventory shall be certified by Borrower as being true, correct, and complete.

Uniform Commercial Code Security Agreement. This Agreement is also a security agreement under the Uniform Commercial Code with respect to the Hedge Collateral as provided in Article V and the Pledged Security Collateral as provided in Article VIII and all funds and accounts and investments thereof now or hereafter held by the Administrator under the any Series Certificate Agreement (to the extent of any retained interested by the Sponsor therein) and all funds and accounts and investments thereof now or hereafter held for the benefit of Fxxxxxx Mac under the Repair Escrow Agreement, the Ohio Portfolio Escrow Agreement and the Villages at Lost Creek Escrow Agreement and all cash and non-cash proceeds thereof (collectively, “UCC Collateral”), and the Sponsor hereby grants to Fxxxxxx Freddie Mac a security interest in the UCC Collateral as security for all Obligations due under this Agreement and under any of the Sponsor Documents. The Sponsor shall execute and deliver to Fxxxxxx Freddie Mac, upon Fxxxxxx Freddie Mac’s reasonable request, financing statements, continuation statements and other account agreements and amendments, in such form as Fxxxxxx Freddie Mac may reasonably require to perfect or continue the perfection of this security interest. The Sponsor shall pay or cause to be paid all filing costs and all costs and expenses of any record searches for financing statements that Fxxxxxx Freddie Mac may reasonably require. Except as otherwise permitted provided herein, without the prior written consent of Fxxxxxx Freddie Mac, the Sponsor shall not create or permit to exist any other lien or security interest in any of the UCC Collateral. The Sponsor covenants and agrees that it will defend Fxxxxxx Freddie Mac’s rights and security interests created by this Article against the claims and demands of all Persons. If an a Termination Event of Default has occurred and is continuing, subject to Article VII hereof, Fxxxxxx Freddie Mac shall have the remedies of a secured party under the Uniform Commercial Code, in addition to all remedies provided by this Agreement or existing under applicable law. In exercising any remedies, Fxxxxxx Freddie Mac may exercise its remedies against the UCC Collateral separately or together, and in any order, without in any way affecting the availability of the other remedies available to Fxxxxxx Freddie Mac.

Uniform Commercial Code Security Agreement. This Agreement is also a security agreement under the Uniform Commercial Code with respect to the Hedge Collateral as provided in Article V and the Pledged Security Collateral as provided in Article VIII and all funds and accounts and investments thereof now or hereafter held by the Administrator under the Series Certificate Agreement (to the extent of any retained interested by the Sponsor therein) and all funds and accounts and investments thereof now or hereafter held for the benefit of Fxxxxxx Xxxxxxx Mac under the Repair Custody Account, the Stabilization Escrow Agreement, the Ohio Portfolio Escrow Agreement and the Villages at Lost Creek Escrow Agreement and all cash and non-cash proceeds thereof (collectively, “UCC Collateral”), and the Sponsor hereby grants to Fxxxxxx Xxxxxxx Mac a security interest in the UCC Collateral as security for all Obligations due under this Agreement and under any of the Sponsor Documents. The Sponsor shall execute and deliver to Fxxxxxx Xxxxxxx Mac, upon Fxxxxxx Xxxxxxx Mac’s request, financing statements, continuation statements and other account agreements and amendments, in such form as Fxxxxxx Xxxxxxx Mac may require to perfect or continue the perfection of this security interest. The Sponsor shall pay or cause to be paid all filing costs and all costs and expenses of any record searches for financing statements that Fxxxxxx Xxxxxxx Mac may reasonably require. Except as otherwise permitted herein, without the prior written consent of Fxxxxxx Xxxxxxx Mac, the Sponsor shall not create or permit to exist any other lien or security interest in any of the UCC Collateral. The Sponsor covenants and agrees that it will defend Fxxxxxx Xxxxxxx Mac’s rights and security interests created by this Article against the claims and demands of all Persons. If an Event of Default has occurred and is continuing, subject to Article VII hereof, Fxxxxxx Xxxxxxx Mac shall have the remedies of a secured party under the Uniform Commercial Code, in addition to all remedies provided by this Agreement or existing under applicable law. In exercising any remedies, Fxxxxxx Xxxxxxx Mac may exercise its remedies against the UCC Collateral separately or together, and in any order, without in any way affecting the availability of the other remedies available to Fxxxxxx Xxxxxxx Mac.

Uniform Commercial Code Security Agreement. This Agreement is also a security agreement under the Uniform Commercial Code with respect to for the Hedge Collateral as provided in Article V and Cap Reserve Account, the Pledged Security Collateral as provided in Article VIII Cap Fee Escrow, the Principal Reserve Funds and all funds and accounts and investments thereof of funds and accounts now or hereafter held by the Administrator Trustee under the Series Certificate Agreement Indenture (to the extent of the Owner retains any retained interested by the Sponsor interest therein) and all funds and accounts and investments thereof now or hereafter held for by the benefit of Fxxxxxx Mac Servicer with respect to payments payable under the Repair Escrow AgreementLoan or the Reimbursement Security Documents, the Ohio Portfolio Escrow Agreement and the Villages at Lost Creek Escrow Agreement and all products and cash and non-cash proceeds thereof (collectively, “"UCC Collateral”), and the Sponsor hereby grants to Fxxxxxx Mac a security interest in the UCC Collateral as security ") for all Obligations obligations due under this Agreement and under any of the Sponsor Borrower Documents, and the Owner hereby grants to Freddie Mac a security interest in the UCC Collateral. The Sponsor shall Ownxx xxxxl execute and deliver to Fxxxxxx Freddie Mac upon Freddie Mac, upon Fxxxxxx Mac’s 's request, financing statements, continuation statements and conxxxxxxxon statemenxx, xxx other account agreements and amendments, in such form as Fxxxxxx Freddie Mac may require to perfect or continue the perfection of this xxxx security interest. The Sponsor Owner shall pay or cause to be paid all filing costs and all costs and expenses of any record searches for financing statements that Fxxxxxx Freddie Mac may reasonably require. Except as otherwise permitted herein, without Without the prior written consent of Fxxxxxx MacFrexxxx Xac, the Sponsor Owner shall not create or permit to exist any other lien xxxxx xien or security interest in any of the UCC CollateralCollateral (other than as created under the Indenture). The Sponsor Owner covenants and agrees that it will defend Fxxxxxx Freddie Mac’s 's rights and security interests created by this Article against Artixxx xxainst the claims and demands of all Persons. If an Event of Default has occurred and is continuing, subject to Article VII hereof, Fxxxxxx Freddie Mac shall have the remedies of a secured party under the Uniform xxx Xniform Commercial Code, in addition to all remedies provided by this Agreement or existing under applicable law. In exercising any remedies, Fxxxxxx Freddie Mac may exercise its remedies against the UCC Collateral separately xxxxxxxely or together, together and in any order, without in any way affecting the availability of the other remedies available to Fxxxxxx Freddie Mac.

Uniform Commercial Code Security Agreement. This Agreement is also a security agreement under the Uniform Commercial Code with respect to the Hedge Collateral as provided in Article V and the Pledged Security Collateral as provided in Article VIII and all funds and accounts and investments thereof now or hereafter held by the Administrator under the Series Certificate Agreement (to the extent of any retained interested by the Sponsor therein) and all funds and accounts and investments thereof now or hereafter held for the benefit of Fxxxxxx Xxxxxxx Mac under the Repair Escrow AgreementCustody Account, the Ohio Portfolio Escrow Agreement and the Villages at Lost Creek Stabilization Escrow Agreement and all cash and non-cash proceeds thereof (collectively, “UCC Collateral”), and the Sponsor hereby grants to Fxxxxxx Xxxxxxx Mac a security interest in the UCC Collateral as security for all Obligations due under this Agreement and under any of the Sponsor Documents. The Sponsor shall execute and deliver to Fxxxxxx Xxxxxxx Mac, upon Fxxxxxx Xxxxxxx Mac’s request, financing statements, continuation statements and other account agreements and amendments, in such form as Fxxxxxx Xxxxxxx Mac may require to perfect or continue the perfection of this security interest. The Sponsor shall pay or cause to be paid all filing costs and all costs and expenses of any record searches for financing statements that Fxxxxxx Xxxxxxx Mac may reasonably require. Except as otherwise permitted herein, without the prior written consent of Fxxxxxx Xxxxxxx Mac, the Sponsor shall not create or permit to exist any other lien or security interest in any of the UCC Collateral. The Sponsor covenants and agrees that it will defend Fxxxxxx Xxxxxxx Mac’s rights and security interests created by this Article against the claims and demands of all Persons. If an Event of Default has occurred and is continuing, subject to Article VII hereof, Fxxxxxx Xxxxxxx Mac shall have the remedies of a secured party under the Uniform Commercial Code, in addition to all remedies provided by this Agreement or existing under applicable law. In exercising any remedies, Fxxxxxx Xxxxxxx Mac may exercise its remedies against the UCC Collateral separately or together, and in any order, without in any way affecting the availability of the other remedies available to Fxxxxxx Xxxxxxx Mac.

Uniform Commercial Code Security Agreement. This Agreement Instrument is also a security agreement under the Uniform Commercial Code with respect as in effect in the State of Illinois as 810 ILCS 5 (as amended from time to time, the Hedge Collateral as provided “Uniform Commercial Code”) for any of the Mortgaged Property which, under applicable law, may be subject to a security interest under Article 9 of the Uniform Commercial Code (810 ILCS 5/9-101 et. seq.), whether acquired now or in Article V and the Pledged Security Collateral as provided in Article VIII future, and all funds products and accounts and investments thereof now or hereafter held by the Administrator under the Series Certificate Agreement (to the extent of any retained interested by the Sponsor therein) and all funds and accounts and investments thereof now or hereafter held for the benefit of Fxxxxxx Mac under the Repair Escrow Agreement, the Ohio Portfolio Escrow Agreement and the Villages at Lost Creek Escrow Agreement and all cash and non-cash proceeds thereof (collectively, “UCC Collateral”), and the Sponsor Borrower hereby grants to Fxxxxxx Mac Lender a security interest in the UCC Collateral as security for all Obligations due under this Agreement and under any of the Sponsor DocumentsCollateral. The Sponsor shall execute and deliver Borrower hereby authorizes Lender to Fxxxxxx Mac, upon Fxxxxxx Mac’s request, file financing statements, continuation statements and other account agreements and amendments, financing statement amendments in such form as Fxxxxxx Mac Lender may require to perfect or continue the perfection of this security interestinterest and Borrower agrees, if Lender so requests, to execute and deliver to Lender such financing statements, continuation statements and amendments. The Sponsor Borrower shall pay or cause to be paid all filing costs and all costs and expenses of any record searches for financing statements that Fxxxxxx Mac Lender may reasonably require. Except as otherwise permitted herein, without Without the prior written consent of Fxxxxxx MacLender, the Sponsor Borrower shall not create or permit to exist any other lien or security interest in any of the UCC Collateral. The Sponsor covenants and agrees that it will defend Fxxxxxx Mac’s rights and security interests created by this Article against the claims and demands of all Persons. If an Event of Default has occurred and is continuing, subject to Article VII hereof, Fxxxxxx Mac Lender shall have the remedies of a secured party under the Uniform Commercial Code, in addition to all remedies provided by this Agreement Instrument or existing under applicable law. In exercising any remedies, Fxxxxxx Mac Lender may exercise its remedies against the UCC Collateral separately or together, and in any order, without in any way affecting the availability of Lender’s other remedies. This Instrument constitutes a financing statement with respect to any part of the other remedies available to Fxxxxxx MacMortgaged Property which is or may become a Fixture in respect of the following: Name of Debtor: XXX XXXXXXX TOWER, LLC, an Illinois limited liability company Name of Secured Party: TOWNE REALTY, INC. d/b/a LINCOLN TOWER, INC., a Wisconsin corporation Name of Record Owner: XXX XXXXXXX TOWER, LLC, an Illinois limited liability company