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16 <br /> Modified Deed of Trust there is no agreement or obligation by the County to borrow, <br /> or for any person to lend, any additional funds beyond the $32,000,000 that <br /> constitutes the present obligations. <br /> 1-4 Security Interest in Fixtures. This Modified Deed of Trust is intended <br /> to be a security agreement pursuant to the Uniform Commercial Code as in effect in <br /> North Carolina for the "Fixtures," as defined below. The County grants to BNY-M and <br /> the Deed of Trust Trustee a security interest in the Fixtures to secure the <br /> Obligations. <br /> Upon the occurrence of an Event of Default under this Modified Deed of Trust <br /> or the 2026A Agreement, BNY-M or the Deed of Trust Trustee is entitled to exercise <br /> all rights and remedies of a secured party under the Uniform Commercial Code as in <br /> effect in North Carolina and may proceed as to the Fixtures in the same manner as <br /> provided in this Modified Deed of Trust for the real property. <br /> The "Fixtures" are all items of personal property attached or affixed to the <br /> Pledged Facilities in such a manner that removing the items would cause damage to <br /> the Pledged Facilities. The Fixtures may include plumbing, heating, lighting, <br /> electrical, laundry, ventilating, refrigerating, incinerating, air-conditioning, fire and <br /> theft protection and sprinkler equipment, and include all renewals and <br /> replacements and all additions, and all articles in substitution of any such property, <br /> and all proceeds of all the foregoing in any form. <br /> The County is not obliged to renew, repair or replace any undesirable or <br /> unnecessary Fixture. If the County determines that any Fixture has become <br /> undesirable or unnecessary, the County may remove that Fixture from the Pledged <br /> Facilities and sell, trade-in, exchange or otherwise dispose of it (in whole or in part), <br /> with an amount equivalent to the fair market value of the Fixture as removed <br /> becoming Net Proceeds and subject to the provisions of the 2026A Agreement. <br /> With respect to those items of the Mortgaged Property that are or are to <br /> become Fixtures, this Modified Deed of Trust constitutes a financing statement filed <br /> as a fixture filing. The County agrees that the security interest in the Fixtures <br /> granted in this Section 1-4 is in addition to, and not in lieu of, any security interest in <br /> the Fixtures acquired by real property law. The Fixtures are located on the land <br /> described on Exhibit A, and the County is the record owner of that land. The name <br /> and address of the County, as debtor, and BNY-M and the Deed of Trust Trustee, as <br /> 6 <br />