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arising, in and to any portion of the Property which constitutes personal property (the "Personal
<br />Property").
<br />(b) Trustor hereby represents and warrants to Beneficiary that: (1) Trustor is the
<br />owner of the Personal Property and no other person has any right, title, claim or interest (by way
<br />of security interest or other lien or charge or otherwise) in, against or to the Personal Property
<br />other than any senior lender or lien holder approved in writing by Beneficiary; (2) the Personal
<br />Property is free from all liens, security interests, encumbrances and adverse interests, except
<br />Permitted Encumbrances (hereinafter defined); (3) no financing statement or similar filing
<br />covering any of the Personal Property, and naming any secured party other than Beneficiary and
<br />the holders of Permitted Encumbrances, is on file in any public office; (4) each account, general
<br />intangible, chattel paper, deposit account, instrument, document, agreement, contract or right to
<br />the payment of money constituting Personal Property (collectively, the "Rights to Payment"), if
<br />any, is genuine and enforceable in accordance with its terms against the party obligated to pay
<br />the same and (5) the Personal Property is not used nor was the Personal Property purchased for
<br />personal or family use by Trustor.
<br />(c) Trustor hereby agrees: (1) to pay, prior to delinquency, all taxes, assessments,
<br />charges, encumbrances and liens now or hereafter imposed upon or affecting all or any part of
<br />the Personal Property; (2) not to amend, modify, supplement, terminate or cancel any of the
<br />Personal Property, (3) without the prior written consent of Beneficiary, not to remove all or any
<br />part of the tangible Personal Property from the Property; (4) to give Beneficiary thirty (30) days'
<br />prior written notice of any change in Trustor's residence, principal place of business, chief
<br />executive office or trade names or styles; (5) to appear in and defend any action or proceeding
<br />which may affect the Personal Property (including, without limitation, actions, proceedings and
<br />claims which may affect Trustor's title to the Personal Property or the validity or priority of
<br />Beneficiary's security interest in the Personal Property); (6) to indemnify Beneficiary against all
<br />claims, demands and liabilities of every kind caused by the Personal Property; and (7) upon not
<br />less than 72 hours' prior written notice and during regular business hours, to permit Beneficiary
<br />to enter Trustor's premises to inspect the Personal Property; provided, that Trustor shall have the
<br />right to require that a representative of Trustor be present during any such entry made while any
<br />construction and/or rehabilitation work is occurring. Trustor further agrees (8) to fully and timely
<br />perform all of its obligations under and with respect to all Rights of Payment and to diligently
<br />enforce all of the obligations of each obligor thereunder; (9) not to amend, modify, supplement,
<br />cancel or terminate any of the Rights to Payment in any material respect without the prior written
<br />consent of Beneficiary; (10) to keep the Rights to Payment and all proceeds free and clear of all
<br />defaults, defenses, rights of offset and counterclaim; (11) to take or bring, in Beneficiary's name
<br />or in the name of Trustor, as Beneficiary may require, all actions, suits or proceedings reasonably
<br />deemed necessary by Beneficiary to effect collection or to realize upon Rights to Payment; and
<br />(12) not to commingle Rights to Payment or collections thereunder with other property.
<br />(d) As soon as practicable, and in any event within ten (10) days, Trustor shall notify
<br />Beneficiary of (1) any attachment or other legal process levied against any of the Personal
<br />Property; (2) any information received by Trustor which may in any manner materially and
<br />adversely affect the value of the Personal Property or the rights and remedies of Beneficiary with
<br />respect thereto; and (3) the removal of any of the Personal Property to a new location other than
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<br />WISEPIace Pennanent Supportive Housing
<br />City HOME -ARP Deed of Trust
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