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"Mortgage Assignment"), the City has assigned all of its right, title and interest in and <br /> obligation under this Mortgage to the Trustee, and said Mortgage Assignment is and <br /> shall be without recourse to the City, and the Trustee, and not the City, shall then be <br /> responsible to discharge any and all obligations as Mortgagee hereunder. It is further <br /> understood and agreed that no covenant, provision or agreement contained in this <br /> Mortgage or in the Mortgage Assignment, and that no obligation herein or therein <br /> otherwise imposed upon the City or respecting the breach thereof, shall give rise to a <br /> pecuniary liability of the City or a charge against its general credit or taxing powers <br /> nor shall the City be responsible to discharge any of such obligations upon the failure <br /> of the Trustee, as assignee of the City under the Mortgage Assignment, to do so. The <br /> Mortgagor hereby consents to the Mortgage Assignment. <br /> 12. Fixture Filing. From the date of its recording, this Mortgage shall <br /> be effective as a financing statement filed as a fixture filing with respect to all goods <br /> constituting part of the Mortgaged Property which are or are to become fixtures <br /> related to the real estate described herein. For this purpose, the following information <br /> is set forth: <br /> (a) Mortgagor hereby authorizes Mortgagee to file financing and <br /> continuation statements with respect to the Mortgaged Property without the signature <br /> of Mortgagor whenever lawful, and Mortgagor irrevocably constitutes and appoints <br /> each of Mortgagee, and each of the officers of Mortgagee, as Mortgagor's attorney-in- <br /> fact coupled with an interest for such purpose; and Mortgagor agrees to execute such <br /> financing and continuation statements as Mortgagee may reasonably request. <br /> (b) Mortgagor hereby represents and warrants that no financing <br /> statement(other than financing statements showing Mortgagee as the sole secured <br /> party, or with respect to liens or encumbrances, if any, expressly permitted by this <br /> Mortgage covering any of the mortgaged property or any proceeds thereof) is on file <br /> in any public office except pursuant hereto; and Mortgagor will at its own cost and <br /> expense, upon demand, furnish to Mortgagee such further information and will <br /> execute and deliver to mortgagee such financing statements and other documents in <br /> form reasonably satisfactory to mortgagee and will do all such acts as Mortgagee may <br /> at any time or from time to time reasonably request or as may be necessary or <br /> reasonably appropriate to establish and maintain a perfected security interest in the <br /> Mortgaged Property as security for the Borrower's obligations secured by this <br /> Mortgage, subject to no other liens or encumbrances, other than liens or <br /> encumbrances benefiting Mortgagee and no other party and to liens and <br /> encumbrances (if any) expressly permitted by this Mortgage; and Mortgagor will pay <br /> the actual expense of filing or recording such financing statements or other <br /> documents, and this instrument, in all public offices wherever filing or recording is <br /> reasonably deemed by Mortgagee to be desirable. <br /> For this purpose, the following information is set forth: <br />