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2000U0180
<br /> _ Z0. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effective as a financing
<br /> statemerrt Rnd a fixture filing pursuarrt to the provisions of the Uniform Cormieraal Code (as adopted in the state where the real property is located)
<br /> covering flxtures,chattels,and artides of personal property now owned or hereafter attached to or to be used in connection with the Property together with
<br /> any and all replacemerrts thereof and additions thereto(the"Chattels"),and Grantor hereby grants Lender a security interest in such Chattels. The debtor is
<br /> the Grarrtor described above. This Deed of Trust will be effective as a financing statemerrt filed as a fixture filing with respect to all fixtures included whhin
<br /> said premises and is to be filed for record in the real estate records of each county where any part of said premises(induding sald fixtures)is situated. This
<br /> Deed of Trust shall also be effective as a financing statement covering any other premises and may be filed in any other appropriate filing or recording
<br /> office. A carbon,photographic or other reproduction of this Deed of Trust or of any finandng statemerrt relating to this Deed of Trust shall be suffiaent as a
<br /> finandng statement for any of the purposes referred to in this Paragraph. The secured party is the Lender described above. Upon demand,Grantor shall
<br /> make, execute and deliver such security agreements (as such term is defined in said Uniform Corm�eraal Code) as Lender at any time may deem
<br /> necessary or proper or required to grant to Lender a pertected security interest in the Chattels,and upon Grantor's failure to do so,Lender is authorized to
<br /> sign any such agreement as the agerrt of Grantor. Grantor hereby authorizes Lender to file finanang statements(as such term is defined in said Uniform
<br /> Cormieraal Code)with respect to the Chattels,at any time,without the signature of Grantor. Grantor will,however,at any time upon request of Lender,
<br /> sign such financing statements. Grarnor will pay all filing fees for the filing of such finanang stateme�ts and for ihe refiling thereof at the times required,in
<br /> the opinion of Lender,by said Uniform Cormiercfal Code. If the lien of this Deed of Trust be subject to any security agreement covering the Chattels,then
<br /> in the event of any default under this Deed of Trust,all the right,title and interest of Grarrtor in and to any and all of the Chattels is hereby assigned to
<br /> Lender, together with the benefit of any deposits or payments now or hereafter made thereof by Grantor or the predecessors or successors in title of
<br /> Grarrtor in the Property.
<br /> 21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender,at Lender's option,may expend funds(including attomeys'fees and legal
<br /> expenses)to perform any act required to be taken by Grantor or to exerase any right or remedy of Lender under this Deed of Trust. Upon demand,Grantor
<br /> shall irrvnediately reimburse Lender for all such amouMs expended by Lender together with interest thereon at the lower of the highest rate described in any
<br /> Obligation or ihe highest rate allowed by law from the date of payment urnil the date of reimbursement. These sums shall be included in the deBnition 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 notice of
<br /> 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
<br /> notice of sale,as herein provided,then,Granior shall pay on demand all expenses incurred by the Trustee and Lender in connection with said publication,
<br /> including 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 shall be
<br /> security for all such expenses and fees.
<br /> 22 APPLICATION OF PAYMENTS. The Trustee shall apply the proceeds of ihe trustee's sale,first,to the costs and expenses of exerasing the power of
<br /> sale and of the sale,induding the payment of the Trustee's fees actually incurred not to exceed the amount which may be provided for in the Deed of Trust,
<br /> second,to paymern of the obligation secured by the Deed of Trust,thvd,to the payment of junior deeds of trust, mortgages or other lienholders,and the
<br /> balance,if any,to the person or persons legally eMhled thereto.
<br /> 23. POWER OF ATTORNEY. Grantor herebyappoints Lender as its attomey-in-fact to endorse Grantor's name on all instruments and other documents
<br /> pertaining to the Obligations or Deed of Trust. In addhion, Lender shall be entitled, but not required, to perform any action or execute any document
<br /> required to be taken or executed by GraMor under this Deed of Trust. Lender'spe rformance of such action or execution of such documents shall not
<br /> relieve Grantor f�om any Obligation or cure any defauft under this Deed of Trust. All powers of attomey described in this Deed of Trust are coupled with an
<br /> irtterest and are irrevocable.
<br /> 24. SUBROGATION OF LENDER. Lender shall be subrogaied to the rigMs of the holder of any previous lien, security interest or encumbrance
<br /> discharged with funds advanced by Lender regardless of whether these liens,secx�rity iMerests or other encumbrances have been released of record.
<br /> 2b. COLLECTION COSTS. To the exterrt permitted by law,Grarnor agrees to pay Lender's reasonable fees and costs,irrduding,but not limited to,fees
<br /> and costs of aflomeys and other agents (indudin� wnhout limitation paralegals, clerks and consuftarrts), whether or not such attomey or agent is an
<br /> employ�e of Lender,which are incurred by Lender in collecting any amount due or enforcing any right or remedy under this Deed of Trust,whether or not
<br /> suit is brought,induding,but not limited to,all fees and costs incurced on appeal,in bankruptcy,and for post-judgmertt collection actions.
<br /> 26. PARTIAL RELEASE. Lender may release its interest in a portion of the Property by executing and recording one or more Partial Deeds of
<br /> Reconveyance wilhout affecting its interest in the remaining portion of the Property. Nothing herein shall be deemed to obligate Lender to release any of fts
<br /> interest in the Property(except as required under Paragrap�38 or as may be otherwise reqwred by law),nor shall Lender be obligated to release any part
<br /> 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 effecl with respect to
<br /> 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
<br /> Z7. MODIFICATION AND WAIVER. The modiflcation or waiver of any of Grantor's Obligations or Lender's rights under this Deed of Trust must be
<br /> 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 tts rlghts or accept
<br /> payments from Granfor or anyone other than Grantor without causing a waiver of thase Obiigations or rigMs. A waiver on one occasion shall not constitute
<br /> a waiver on any other occasion. Grantor's Obligations under this Deed of Trust shall not be affected if Lender amends,compromises,exchanges,fails to
<br /> exercise,impairs or releases any of the Obligations belonging to any Grantor,BoRower or third party or any of its rights against any Grantor,Borrower or
<br /> third party or any of the Property. Lender's failure to insist upon strict performance of any of the Obligations shall not be�emed a waiver and Lender shall
<br /> have the right at any time thereafter to insist upon strict perfomiance.
<br /> 28. SUBSTITUTE TRUSTEE;TRUSTEE LIABIUTY;COMPENSATION. In case of the death,inability,refusal to act or absence of the Trustee from the
<br /> 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 trustee as
<br /> trustee hereunder and to appoint a new irustee in his place and stead,the holder of the Obligations is hereby granted full power to appoint in writing a
<br /> substitute trustee for said Trustee,and the substitute trustee shall,when appoirited,become successor to all rights of Trustee hereunder and the same shall
<br /> become vested in him for the purposes and objects of this Deed of Trust with all ihe power,duties and obligations herein conferred on the Trustee. Trustee
<br /> shall not be liable for any error of udgment or act done by Trustee, or be otherwise responsible or accourrtable under any circumstances whatsoever.
<br /> Trustee shall not be personally li�e in case of emry by it or anyone acting by virtue of the powers herein granted it upon the Deed of Trust for debts
<br /> cornracted or liability or dama�es incurred in the mana�ment or operation of said premises. Trustee shall have the ri$ht to rely on any instrumern,
<br /> documerrt or signature sutho�izing or supporting any act on taken or proposed to be taken by it hereunder or believed by rt ingo od faith to be genuine.
<br /> Trustee shall be entitled to reimbursemerrt for expenses incurred by it in ihe perfomiance of its duties hereunder and to reasonable compensation for such
<br /> of its services hereunder as shall be rendered. Grantor will,from time to time,pay compensation due Trustee hereunder and reimburse Trustee for and
<br /> save and hold it hamiless from and against any and all loss,cost,liability,damage and expense whatsoever incurred by it in the performanc�e of its duties.
<br /> All moneys receNed by Trustee shall,urrtil used or applied as hereinprov(ded,be held in trust for thepu rposes for which they were received,but need not
<br /> be segregated in any manner from any other moneys (except to the extent required by law) and Trustee shall be under no liability for irrterest on any
<br /> moneys received by it hereunder.
<br /> 29. SUCCESSORS AND ASSIGNS. This Deed of Trust shall be bindin� upon and inure to the benefit of Grantor and Lender and their respective
<br /> successors,assigns,trustees,receivers,administrators,personal representatives,legatees and devisees.
<br /> 30. NOTICES. Except as otherwise required by law,any notice or other corrmmication to be provided under this Deed of Trust shall be in writing and sent
<br /> to the 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
<br /> notice so g'nren and serrt by first class mail,postage prepaid,shall be deemed given the earlier of three�3)days after such notice is sent or when received
<br /> by the person to whom such notice is being given.
<br /> 31. SEVERABILITY. Whenever possible,each provision of this Deed of Trust shall be interpreted so as to be effectNe and valid under applicable state
<br /> 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.
<br /> 32. APPLICABLE LAW. This Deed of Trust shall be govemed by the laws of the state where the real property is located. Unless applicable law provides
<br /> otherwise,Grarrtor consents to the jurisdiction and venue of any court selected by Lender,in its sole discretion,located in that state.
<br /> 33. MISCELLANEOUS. Grantor and Lender agree that time is of the essence. Grantor waives presentment,demand for payment,notice of dishonor and
<br /> thotest except as required b law. All references to Grantor in this Deed of Trust shall indude all persons signing below. If there is rrbre than one Grantor,
<br /> eir Obligations shall be p' im and several. This Deed of Trust represents the complete irrtegrated understanding between Grarrtor and Lender pertaining to
<br /> the terms and conditions hereof.
<br /> 34. NO THIRD PARTY RIGHTS. No person is or shall be a third party beneficiary of anyprovision of this Deed of Trust. All provisions of this Deed of
<br /> Trust in favor of Lender are irrtended solely for the benefit of Lender,and no third party shall re enlNled to assume or expect that Lender will not waive or
<br /> consern to the modification of any provision of this Deed of Trust,in Lender's sole discretion.
<br /> 35. PRESERVATION OF UABILITY AND PRIORITY. Wtthout affecting the liability of Borrower,Grarrtor,or any guarantor of the Obligations,or any other
<br /> person(except a person expressly released in writing)for the payment and perfomiance of the Obligations,and without affecting the rights of Lender wfth
<br /> respect to any Property not expressly released in writing,and whhout impainng in any way the priority of this Deed of Trust over the interest of any person
<br /> acqwred or first ewdenced by recording subsequeM to the recording of this Deed of Trust,Lender may,either before or after the maturity of the Obligatfons,
<br /> and without notice or conserrt:release any person liable fo�rpayment or pertormance of all or any part of the Obligations;make any agreemeM aftering the
<br /> temis of paymerrt or�erfomiance of all or any part of the Obligations;exerase or refrain from exercising or waive any rigM or remedy that Lender may have
<br /> under the Deed of Trust;accept additional secu�ity of any kind for any of the Obligations;or release or otherwise deal with any real or perso�al properry
<br /> securing the Obligations. My person acquiring or recording evidence of any irrterest of any nature in the Property shall be deemed, by acquiring sucf�
<br /> interest or recording any evidenoe thereof,to have conserned to all or any such actions by Lender.
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