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Agency shall have the remedies of a secured party under the <br />Uniform Commercial Code and, at the Agency's option, may also <br />invoke the other remedies provided in this Deed of Trust and Loan <br />Documents as to such items. In exercising any of said remedies, <br />the Agency may proceed against the items of real property and any <br />items of personal property specified above as part of the Property <br />separately or together and in any order whatsoever, without in any <br />way affecting the availability of the Agency's rights or remedies <br />under the Uniform Commercial Code or of the other remedies <br />provided in this Deed of Trust, in the Loan Documents, or by law. <br />Borrower and the City agree that the filing of any financing <br />statement in the records normally having to do with personal <br />property shall not be construed as anywise derogating from or <br />impairing this Deed of Trust and the intention of the parties <br />hereto that those portions of the Property herein declared part of <br />the real estate are, and at all times and for all purposes and in <br />all proceedings both legal or equitable shall be, regarded as part <br />of the real estate irrespective of whether any such item is <br />physically attached to the improvements or any such item is <br />referred to or reflected in any such financing statement so filed <br />at any time. <br />(b) Similarly, the mention in any such financing <br />statement of (i) compensation for damage to or destruction of the <br />Property by insured casualty, or (ii) any judgment, award, or <br />other compensation for a taking of the Property by eminent domain, <br />or (iii) the rents, royalties, issues, accounts and profits of the <br />Property under leases, shall never be construed as anywise <br />altering any of the Agency's rights as determined by this Deed of <br />Trust or impugning the priority of the Agency's lien granted <br />hereby or by any other recorded document, but such mention in the <br />financing statement is declared to be for the protection of the <br />Agency in the event that any court or judge shall at any time hold <br />with respect to (i), (ii) or (iii) of this paragraph that notice <br />of the Agency's priority of interest to be effective against a <br />particular class of person, including without limitation the <br />federal government or any subdivision or entity thereof, must be <br />filed as provided for in the Uniform Commercial Code. <br />5.14 Remedies Cumulative. No remedy herein contained or <br />conferred upon the Agency or Trustee is intended to be exclusive <br />of any other remedy or remedies afforded by law or by the terms <br />hereof to the Agency or Trustee but each and every such remedy <br />shall be cumulative and shall be in addition to every other remedy <br />given hereunder or now or hereafter existing at law or in equity. <br />5.15 Successors. Assigns, Gender, Number. The covenants <br />and agreements herein contained shall bind, and the benefit and <br />advantages shall inure to, the respective heirs, executors, <br />administrators, successors and assigns of the parties. Wherever <br />CHFA 52P(RIDGE VIEW /SECOND) -11- <br />12/19/89 <br />Q02253 <br />