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<br /> 22. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effective as a finan�ing
<br /> statement and �fixture filj,ng pursuant to the provisions of,t�e Uniform Commercial Code (as adopted in the state where the real property is locatecl)
<br /> covering fixtures,chattels,and articles of personal property now owned or hereafter attached to or to be used in connection wfth the Property together with
<br /> any antl all replacements thereof and addftions thereto(the"Chattels"),and Grantor hereby grants Lender a security irrterest in such Chattels. The deabt x is
<br /> the Grantor tlescribed•above. This Deed of Trust will be effective as a finanang statemerrt filed as a fixture filing with respect to all fi�ures includec w.thi�
<br /> said premises and is to be filed for record in the real estate records of each county where any part of said premises(including said fixtures)is situated. This
<br /> Deed of Trust shail also be effective as a financing statemeM covering any other premises and may be filed in any other appropriate filing or rec:or iing
<br /> office. A carbon,photographic or other reproduction of this Deed of Trust or of any financing statement relating to this Deed of Trust shall be sufficient as a
<br /> finanang statemem for any of the purposes referred to in this Paragraph. The secured party is the Lender described above. Upon demand,Grantar::hall
<br /> make, execute and deliver such security agreemerrts (as such term is defined in said Uniform Comrr�ercial Code) as Lender at any time may d��em
<br /> necessary or proper or required to grant to Lender a perfected securhy iMerest in the Chatteis,and upon Grarrtor's failure to do so,Lender is authorized to
<br /> sign any such agreemern as the agerrt of Grantor. Grantor hereby authorizes Lender to file finanang statements(as such term is defined in said linilorm
<br /> Corrxnercial Code)with respect to the Chattels,at any time,without the signature of Grantor. Grarrior will,however,at any time upon request of L.ender,
<br /> sign such financing statements. Grantor will pay ali filing fees for the filing of such finana�g statements and for the refiling thereof at the times require�i,in
<br /> the opinion of Lender,by said Uniform Commerdal Code. If the lien of this Deed of Tn�st be subject to any security agreement covering the Chattels,�hen F�;
<br /> in the event of any default under thls Deed of Trust,aii the right,title and irrterest of Grantor in and to any and all of the Chattels is hereby assigned to �
<br /> Lender, together whh the benefit of any deposits or payments now or hereafter made thereof by Grantor or the predecessors or successors in titla of '
<br /> Grantor in the Properly.
<br /> 23. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender, at Lender's option, may expend funds(including attomeys'fees and I��ged �
<br /> expenses)to perform any act required to be taken by Grantor or to exercise any right or remedy of Lender under this Deed of Trust. Upon demand,Gra�tor �
<br /> shall irtmediately reir�urse Lender for all such amounts expended by Lender together wiih interest thereon at the lower of the highest rate described in any W
<br /> Obligation or the highest rate allowed by law from the date of payment until the date of reimbursement. These sums shall be included in the defin tion of �
<br /> Obligations herein and shall be secured by the beneficial interest granted herein. If the Obligations are paid after the beginning of publication of notics of
<br /> sale,as herein provided,or in the event Lender shall,at its sole option,pemrot Grantor to pay any part of the Obligations after the beginning of publication of
<br /> notice of sale,as herein provided,then,GraMor shall pay on demand all expenses incurred by the Trustee and Lender in connection with said publica�ion, �
<br /> induding reasonable attomeys'fees to the attomeys for the Trustee and for the Lender,and a reasonable fee to the Trustee,and this Deed of Trust sl�a i be
<br /> security for all such expenses and fees.
<br /> 24. APPLICA710N OF PAYMENTS. The Trustee shali�ly the proceeds of the trustee's sale,first,to the costs and expenses of exercising the pow<�r of
<br /> sale and of the sale,including the paymerrt of the Trustee's ees actualiy incurred�ot to exceed the amount which may be provided for in the Deed oi Trust,
<br /> second,to payment of the obiigation secured by the Deed of Trust,third,to the payment of junior deeds of trust, mortgages or other lienholders,znd tha
<br /> balance,if any,to the person or persons legally entitled thereto.
<br /> 25. POWER OF ATTORNEY. Grantor hereby appoinis Lender as its attomey-in-fact to endorse Grantor's name on all instruments and other doaim�nts
<br /> pertaining to the Obligations or Deed of Trust. In addition, Lender shali be entitled, bui not required, to pertorm any action or execute any doc:ur i�3r�t
<br /> required to be taken or executed by Grantor under this Deed of Trust. Lender'spe rformance of such action or execution of such documents shall not
<br /> relieve Grantor from any Obligation or cure any default under this Deed of Trust. All powers of attorney described in this Deed of Trust are coupled�vitl i an
<br /> interest and are irrevocable.
<br /> 26. SUBROGATION OF LENDER. Lender shall be subrogated to the rights of the hoider of any previous lien, security interest or encumor�.nca
<br /> discharged with funds advanced by Lender regardiess of whether these liens,security irrterests or other encumbrances have been released of record.
<br /> 27. COLLECTION COSTS. To the extent pemrittted by lawr,a�rantor agrees to�y�,.ender's reasonable fees and costs,induding,but not limited to, `ees
<br /> and costs of attomeys and other agents (includin� wrthout,umtation paralegals, derks and.consultanis), whether or not such attomey or agent i:� an
<br /> employee of Lender,which are incurred by Lender in collectlqg any amourit due;or enforcing any right or remedy under this Deed of Trust,whelher or not
<br /> suit is brought,including,but not limited to,all fees and costs�i�curred on appeai,in bankruptcy,and for post-judgment collection actions.
<br /> 28. PARTIAL RELEASE. Lender may release its urteresk in apo rtion of the Property by executing and recording one or more Partial Deeds c�f
<br /> Reconveyance without affecting its iMerest in the remairnngpqrtion of the Property. Nothing herein shall be deemed to obiigate Lender to release ary c f its
<br /> irrteresl in the Property(except as required under Paragr �8 or as may be othervvise required by law),nor shall Lender be obligated to release any part
<br /> of the Property if Grantor is in default under this Deed of�r�st. The lien and security inter�st created by the Deed of Trust remain in effect whh respe:t to
<br /> that portion of the property,as defined in the Deed of Trust,tti�t is not the subject of this or any Partial Deed of Reconveyance
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<br /> 29. MODIFICATION AND WAIVER. The modification or',waiver of any of Gramor`s ObHgations or Lender's rights under this Deed of Trust mus: be
<br /> contained in a writing signed by Lender. Lender may perform;�ny of Borrowe['s or Grantor's Obligations,delay or fail to exercise any of its rights or ac��pt
<br /> paymerrts from Grantor or anyone other than Grarrtor wfthout Causing a waiver of those O�igations or rights. A waiver on one occasion shall not constitule
<br /> a waiver on any other occasion. Grarrtor's Obli�ations under'thi's Deed of Trust shall not be affected if Lender amends,compromises,exchanges, fails to
<br /> exerase,impairs or releases any of the Obligations belongin�to any Grantor,Borrower or third party or any of fts rights against any Grantor, Borrowe r or
<br /> third party or any of the Property. Lender's failure to insist updh strict performance of any of the'Obligations shall not be deemed a waiver and Lende�r;hall
<br /> have the right at any time thereafter to insist upon strict perfo�riiance:
<br /> 30. SUBSTiTUTE TRUSTEE;TRUSTEE LIABILITY;COMPENSATION. In case of the death,inability,refusal to act or absence of the Trustee frorr th�
<br /> state where the real property is located or in case the holdec_q1 the Obligations shall desire for any reason to remove the Trustee or any substitute truste�as
<br /> trustee hereunder and to appoint a new trustee in his piao��and stead,;the holder of the Obligations is hereby granted full power to appoint in w•iting a
<br /> substitute trustee for said Trustee,and the substitute trustee,s�all,when appointed,become suxessor to all rights of Trustee hereunder and the sarr�e:;hall
<br /> become vested in him for the purposes and objects of this Deqd of Trust with all the p�ower,dutiea and obligations herein conferred on the Trustee. 1'ru�tee
<br /> shail not be liable for any error of�udgment or act done by.Trustee, or;be otherwise responsible or accountable Lnder any circumstances whatsoe ver.
<br /> Trustee shall not be personally liable in case of errtry by it;u,�anyone acting by virtue of the powers herein granted it upon the Deed of Trust for d�bts
<br /> contracted or liability or darna�es incurred in the mana�eI`7�'nt or operation of said'premise$. Trustee shall have the ri�ht to rely on any instrument,
<br /> documerrt or signature authorizing or supporting any actior�:�aken or Proposed to be taken by it,hereunder or believed dy p in good faith to be genuine.
<br /> Trustee shall be entitled to reimbursemerrt for expenses incurFed by ft in Yhe performance of its duties hereunder and to reasonable corr�ensation for:uch
<br /> of its services hereunder as shall be rendered. Grarrtor will;from time to time,pay compensation due Trustee hereunder and reirMwrse Trustee for and
<br /> save and hold it harMess from and against any and all loss,c,ost,liability,darrr�ge and expense whatsoever incurred by it in the per�ormance of its dutie s.
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<br /> All moneys received by Trustee shall,until used or applied as'Flereinpro'vided,be held in tru§t for thepurposes for Which they were received,but need n.�t
<br /> be segregated in any manner from any other moneys (exae�t to the extent requi�ed by law)and Trustee shall 6e under no liabit'tty for interest on any
<br /> moneys received by it hereunder.
<br /> 31. SUCCESSORS AND ASSIGNS. This Deed of Trusti Shall be bindin� upon and inure to the benefit of Grantor and Lender and their res�ectivs
<br /> successors,assigns,trusiees,receivers,adrronistrators,personai representatives,,legatees and devisees.
<br /> 32 NOTICES. Except as otherwise required by law,any notice or other corrxmmication to be provided under this Deed of Trust shall be in writing and�ent
<br /> to the parties at the addresses described fn this Deed of Trust or such other address as the parties ma designate in writing from time to time. Any:;uch
<br /> notice so given and seM by first class mail,postage prepaid,��shall be deemed glven the earlieraf three�3)days afler such notice is sent or when r�ce:ved
<br /> by the person to whom such notice is being given.
<br /> 33. SEVERABIUTY. Whenever possible,each provision of this Deed of Trust shall be interpreted so as to be effective and valid under applicable etate
<br /> law. If any provision of this Deed of Trust violates the law oc�s unenforceable,the rest of the Deed of Ttust shall continue to be valid and enforceable.
<br /> 34. APPLICABLE LAW. This Deed of Trust shall be goverried by the laws of the state where the real property is located. Unless applicable Iaw prov cies
<br /> otherwise,Grantor consents to the jurisdiction and venue of any court selected by Lender,in its sole discretion,located in that state.
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<br /> 85. MISCELLANEOUS. Grantor and Lender agree that tinia;is of the essence. Grantor waives presentment,demand for payment,notice of dishor�or sind
<br /> protest except as required by law. All references to Grantor,'in,'this Deed of Trust shall include allpersons signing below. If there is more than one Graritor,
<br /> their Obligations shall be�'oint and several. This Deed of Trust_represents the complete integrated understanding between Grantor and Lender pertainir g to
<br /> the terms and conditions hereof. •
<br /> 36. NO THIRD PARTY RIGHTS. No person is or shall be a third party beneficiary of any provision of this Deed of Trust. All provisions of this Dee d of
<br /> Trust in favor of Lender are intended solely for the benefit of�Lender,and no third party shall be entitled to assume or expect that L.ender will not waive or
<br /> consent to the modification of any provision of this Deed of Trust,in l.ender's sole discretion.
<br /> 37. PRESERVATION OF LIABILITY AND PRIORITY. Without.affecting the 1(ability of Bonower,Grantor,or any guarantor oYthe Obligations,or any c ther
<br /> person(except a person expressly released in writing)for the�paymeM and performance of the Obligations,and without affecting the rights of Lender a�ith
<br /> respect to any Property not expressly released in wrtting,and without impainng in any way the priority of this Deed of Trust over the interest of any pe son
<br /> acqwred or flrst ewdenced by recording subsequent to tf�e rec;brding of this Deed of Trust,Uender'may,eiiher before or after the matnrfty of the Obfigati�ns,
<br /> and without notice or conserrt:release any person liabie forpaymeht or performance of all or any part of the Obligations;make any agreement alterin£ the
<br /> terms of paymer�t orperfomiance of all or any part of the Obliqations;exerdse or refrafn frofn exerasing or waive any right or remedy that Lender may Y�ave
<br /> under the Deed of Trust;axept additional security of any Iti►td for any of ihe ObBgatians;or release or otherwise deal with any real or personal proK erty
<br /> securing the Obligations. My person acquiring or recordir'r�evidence'ot�y idterest of anymature in the Pr�perty shall be deemed, by acquiring ::uch
<br /> irrterest or recording any evidence thereof,to have conserrted�fo all orany suoF�actions by Lender:
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