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costs, charges and attorney's fees incurred by them or any of them in any such case whether or not suit be commenced, and the same, together with interest thereon from the date of payment at the rate of ten percent (10 %) per annum or, if lesser, at the maximum rate permitted by law (the "Default Rate "), shall be secured hereby as provided in paragraph 4.7. 5.11 Exercise of Remedies; Delay. No exercise of any right or remedy by the Agency, MBIA, or Trustee hereunder shall constitute a waiver of any other right or remedy herein contained or provided by law, and no delay by the Lenders or Trustee in exercising any such right or remedy hereunder shall operate as a waiver thereof or preclude the exercise thereof during the continuance of any default hereunder. 5.12 Trustee Substitution. The irrevocable power to appoint a substitute trustee or trustees hereunder is hereby expressly granted to the Lenders, to be exercised at any time hereafter, without specifying any reason therefor by filing for record in the office where this Deed of Trust is recorded a deed of appointment, and said power of appointment of successor trustee or trustees may be exercised as often as and whenever the Lenders deem advisable. The exercise of said power of appointment, no matter how often, shall not be deemed an exhaustion thereof, and upon recording of such deed or deeds of appointment, the trustee or trustees so appointed shall thereupon, without further act or deed of conveyance, succeed to and become fully vested with identically the same title and estate in and to the Property hereby conveyed and with all the rights, powers, trusts and duties of the predecessor in the trust hereunder, with the like effect as if originally named as trustee or as one of the trustees. 5.13 Uniform Commercial Code Security Agreement, Financing Statement and Fixture Filing. (a) This Deed of Trust is a security agreement and financing statement under the Uniform Commercial Code for the benefit of the Lenders as secured party 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 Trustor hereby grants the Lenders a security interest in said items. This Deed" of Trust is also filed as a fixture filing and covers goods which are or are to become fixtures. The address of the Lenders (Secured Parties) from which information concerning the security interest may be obtained and the mailing addresses of the Borrower and the City (debtors) are set forth in this Deed of Trust. The types or items of collateral are described in Paragraph 1 of this Deed of Trust. The Borrower and the City agree that the Lenders may file any appropriate document in the appropriate index as a financing statement for any of the items specified above as part of the Property. in CHFA 52P.RIDGE.VIEW.1ST 01/06/90.Q02374 -12-