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22. SECURF•TY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be consldered and be effective as a financing statement and a flxture filing pursuant to the provisions of the Uniform Corrvnerciai Code (as adopted in the state where the real property is located) covering fixtures,chattels,and articles of personal property now owned or hereafter attached to or to be used in connection with the Property together,vith any and all repiacements thereof and additions thereto(the"Chattels"),and Grar►tor hereby grarrts Lender a security interest in such Chattels. The debtor is the Grantor described above. This Deed of Trust will be effective as a financing statement flled as a fixture filing wilh respect to all fixtures included within said premises and is to be filed for record in the real estate records of each county where any pah of said premises(including said fixtures)is situated. This Deed of Trust shall also be effective as a financing statement covering any other prerr�ses and may be filed in any other appropriate filing or recording 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 finanang statemerrt for any of the purposes referred to in this Paragraph. The secured party is the Lender described above. Upon demand,Grantor shall make, execute and deliver such security agreements (as such term is defined in said Uniform Corrmerciai Code) as Lender at any time may deam necessary or proper or required to grant to Lender a perfected security interest in the Chatteis,and upon Granto�'s failure to do so,Lender is authorized to sign any such agreement as the agent of Grantor. Grarrtor hereby authorizes Lender to file financing statements(as such terrn is defined in said Uniform Commercial Code)with respect to the Chattels,at any time,without the signaiure of Grantor. Grantor will,however,at any time upon request of lender, sign such flnancing statements. Grantor will pay all filing fees for the filing of such financing statements and for the refiling thereof a1 the times required,in � the opinion of Lender,by said Uniform Corrmercial Code. If the lien of this Deed of Trust be subject to any securfty agreement covering the Chattels,then � in the event of any defauft under this Deed of Trust,all the right,title and interest of Grantor in and to any and all of the Chattels is hereby assigned to Lender, together with the benefit of any deposits or payments now or hereafter made thereof by Grantor or the predecessors or suxessors in ihla of � Grantor in the Property. 23. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender,at Lender's option,may expend funds(induding attorneys'fees and legal � e�cpenses)to pertorm any act required to be taken by Grantor or to exercise any right or remedy of Lender under this Deed of Trust. Upon demand,Grantor ''�`' shall imnediately reirnburse Lender for ali such amounts expended by Lender together with fnterest thereon at the lower of the highest rate described in any W Obligation or the highest rate allowed by�aw from the date of payment until the date of reimbursement. These sums shall be induded in the definition of �f'� Obligations herein and shall be secured by the beneficial interest granted herein. if the Obligations are paid after the beginning of publication of notice of � sale,as herein provided,or in the event Lender shall,at its sole option,permit Grantor to pay any part of the Obligations after the beginning of publication of notice of sale,as herein provided,then,Grantor shati pay on demand all expenses incurred by the Trustee and lender in connection with said pubiica ion, � induding reasonable attomeys'fees to the attorneys for the Trustee and for the Lender,and a reasonable fee to the Trustee,and this Deed of Trust shail be securhy for all such expenses and fees. 24. APPLICATION OF PAYMENTS. The Trustee shall apply the proceeds of the trustee's sale,first,to the costs and expenses of exercising the power of s�le and of the sale,including the payment of the Trustee's fees actually incurred not to exceed the amouni which may be provided for in the Deed of Trust, second,to payment of the obligation secured by the Deed of Trust,third,to the payment of junior deeds of trust, mortgages or other lienholders,and the balance,if any,to the person or pe�sons legally entitled thereto. 25. POWER OF ATTORNEY. Grantor herebyappoints Lender as fts attomey-in-fact to endorse Grantor's name on all instruments and other documants pertaining to ihe Obligations or Deed of Trust. In addition, Lender shall be entitled, but not required, to Qertortn any action or execute any docurient 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 relieve Grarrtor from any Obligation or cure any default under this Deed of Trust. All powers of attorney described in this Deed of Trust are coupied with an irderest and are iRevocable. 26. SUBROGATION OF LENDER. Lender shall be subrogated to the rights of the holder of any previous lien, security irrierest or encumbrarice discharged with funds advanced by Lender regardless of whether these liens,security interests or other encumbrances have been released of record. 27. COLLECTION COSTS. To fhe extent permitted by law,Grantor agrees to pay Lender's reasonable fees and costs,induding,but not limited to, �ees and costs of attorneys and other agents (includin� wrthout limitation paralegals, clerks and consultants), whether or not such attorney or agent i� an employ�e of Lender,which are incurred by Lender m collecting any,amount due or enforcing any right or remedy under this Deed of Trust,whether or not suit is txought,including,but not limited to,ail fees and costs incurred on appeal,in bankruptcy,and for post-judgment collection actions. 28. PARTIAL RELEASE. Lender may release its interest in apo rtion of the Property by executing and recording o�e or more Partial Deeds of Reconveyanoe without affecting its interest in the remaining portion of the Property. Nothing herein shall be deemed to obligate Lender to release any of its interest in the Property(except as required under Paragraph 38 or as may be othervvise required by law),nor shall Lender be obligated to release any part of the Property if Grantor is in default under this Deed of Trust. The lien and security interest created by the Deed of Trust remain in effect with respect to that portion of the property,as defined in the Deed of Trust,that is not the subject of this or any Partial;Deed of Reconveyance 29. MODIFICATION AND WAIVER. The modification or waiver of any of Grantor's Obiigations or'Lender's rights under this Deed of Trusi must be contained in a writing signed by Lender. Lender may perform any of Borrower's or Grantor's Obligations,delay or fail to exercise any of its rights or ac�;opt payments from Grantor or anyone other than Grantor without causing a waiver of those Obligations or rigMs. A waiver on one occasion shall not const tute a waiver on any other occasion. Grantor's Obli�ations under this Deed of Trust shali not be affecled if Lender amends,compromises,exchanges,fai!s to exerase,irrpairs or releases any of the Obligations belonging to any Grantor,Borrower or thirdpart y or any of its rights against any Grarnor, Borrowe r or third party or any of the Property. Lender's failure to insist upon strict performance of any of the Obiigations shalf not be deerned a waiver and Lender:hail have the rigM at any time thereafter to insist upon strict performance. 30. SUBSTITUTE TRUSTEE;TRUSTEE LIABILITY;COMPENSATION, in case of the death,inability,refusal to act or absence of the Trustee from the state where the real property is located or in case the holder of the Obligations shall desire for any reason to remove the Trustee or any substitute irustea as trustee hereunder and to appoint a new trustee in his place and stead,the holder of the Obligations is hereby granted full power to appoint in writing a substitule trustee for said Trustee,and the substitute trustee shall,when appointed,become successor to all rights of Trustee hereunder and the same shall become vested in him for the purposes and objects of this Deed of Trust with all the power,duties and obligations herein conferred on the Trustee. Trustee shall not be liable for any error of�udgment or act done by Trustee, or be otherwise responsible or axountable under any circumstances whatsoe•ver. Trustee shall not be personally liable in case of entry by it or anyone acting by virtue of the powers herein granted it upon the Deed of Trust for debts contracted or liability or dama$es incurred in the mana$ement or operation of said premises. Trustee shall have the ri�M to rely on any instrurr�ent, document or signature authorizing or supporting any aclion taken or Proposed to be taken by it hereunder or believed by rt ingo od faith to be genuine. Trustee shall be entiiled to reimbursemerrt for expenses incurred by it in the performance of its duties hereunder and to reasonable compensation for such of its services hereunder as shall be rendered. Grantor will,from time to time,pay compensation due Trusiee hereunder and reimburse Trustee for and save and hold it hamless from and against any and all loss,cost,liability,damage and expense whatsoever incuned by it in the performance of its duties. All moneys received by Trustee shall,until used or applied as hereinprovided,be held in trust for thepu rposes for which they were received,but need not be segregated in any manner from any other moneys (except to the e�ctent required by law) and Trustee shall be under no liability for interest on any moneys received by it hereunder. 31. SUCCESSORS AND ASSIGNS. This Deed of Trust shall be bindin$ upon and inure to the benefit of Grantor and Lender and iheir respective successors,assigns,trustees,receivers,administrators,personal representatives,legatees and devisees. 32 NOTICES, Except as otherwise required by law,any notice o�other comRwnication to be provided under this Deed of Trust shall be in writing and sent to ihe parties at the addresses described in this Deed of Trust or such other address as the parties ma designate in writing from time to time. Any such notice so given and sent by first class mail,postage prepaid,shall be deemed given the earlier of three�3)days after such.notice is sent or when received by the person to whom such notice is being given. 33. SEVERABILITY. Whenever possibie, each provision of this Deed of Trust shall be interpreted so as to be effective and valid under applicable state law. if any provision of this Deed of Trust violates the law or is unenforceable,the rest of the Deed of Trust shall continue to be valid and enforceable. 34. APPUCABLE LAW. This Deed of Trust shall be govemed by the laws of the state where the real property is located. Unless applicable law provides otherwise,Gramor conserrts to the jurisdiction and venue of any court selected by Lender,in its sole discretion,located in that state. 95. MISCELLANEOUS. Grantor and Lender agree that time is of the essence. Grantor waives presentment,demand for payment,notice of dishonor and 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 Grantor, their Obligations shall be 1'oint and several. This Deed of Trust represents the complete irnegrated understanding between Grantor and Lender pertaining to the temis and conditions hereof. 36. NO THIRD PARTY RIGHTS. No person is or shall be a third party beneficiary of any provision of this Deed of Trust. Ali provisions of this DeE ci of Trust in favor of Lender are intended solely for the benefit of Lender,and no third party shall re entitled to assume or expect that Lender will not wai�e or consent to the modification of any provision of this Deed of Trust,in Lender's sole discretion. 37. PRESERVATION OF UABILITY AND PRIORITY. Without affecting the liabilfty of Borrower,Grantor,or any guarantor of the Obligations,or any other person(except a person expressly released in writing)for the payment and performance of the Obligations,and without affecting the rights of Lender with respect to any ProPerty not expressly released in writing,and without impainng m any way the priority of this Deed of Trust over the interest of any person acquired or first evidenced by recording subsequent to the recording of this Deed of Trust,Lender may,eiiher before or after the maturhy of the Obiigations, and without notice or conseM:release any person liable forpayment or performance of alt or any part of the Obligations;make any agreement altering the temis of paymerrt or perfomiance of al!or any part of the Obligations;exerc�se or refrain from exercismg or waive any right or remedy that Lender may have under the Deed of Yrust;accept additional security of any kind for any of the Obligations;or release or otherwise deal with any real or personal proparty securing the Obl(gations. Any person acquiring or recording evidence of any interest of.any natura in the Property shall be deemed, by acquiring such irderest or recording any evidence thereof,to have consented to all or any such actions by Lender.