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Trustee or the Agency under this Deed of Trust, or if the Agency employs an attorney to collect any or all of the indebtedness hereby secured or to foreclose this Deed of Trust, or authorizes Trustee to conduct trustee's sale proceedings hereunder, then Trustee and the Agency shall be reimbursed by Borrower, immediately and without demand, for all reasonable costs, charges and attorney's fees incurred by them or either 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 twelve percent (12 %) per annum or, if lesser, at the maximum rate permitted by law, 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 or Trustee hereunder shall constitute a waiver of any other right or remedy herein contained or provided by law, and no delay by the Agency 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 Agency, 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 Agency deems 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 Agency 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 Borrower hereby grants the Agency a security interest in said items. This Deed of Trust is filed as a fixture CHFA 52P 6/1/88 V01642