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<br /> , 20. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effective as a financing
<br /> statement and 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 fixtures,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 imerest in such Chattels. The debtor is
<br /> the Grarrtor described above. This Deed of Trust will be effective as a finanang statement filed as a fixture flling with respect to all fl�ures induded within
<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 said fixtures)is situated. This
<br /> Deed of Trust shall also be effective as a finanang statemern 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 finanang statemeM relating to this Deed of Trust shall be sufficient as a
<br /> finanang statement for any of the purposes referred to in this Paragraph. The secured party is the Lender described above. Upon demand,Grarnor shall
<br /> make, execute and deliver such secxirity agreemems (as such term is defined in said Uniform Corrxneraal Code) as Lender at any time may deem
<br /> necessary or proper or required to grant to Lender a perfected securily interest in the Chattels,and upon Grantor's failure to do so,Lender is authorized to
<br /> sign any such agreemern as ihe agent of Grarrtor. Grantor hereby authorizes Lender to flle finanang statements(as such term is defined in said Uniform
<br /> Comnercial 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 finanang siatemerrts. Grantor will pay all filing fees for the filing of such flnanang statements and for the refiling thereof at the times required,in
<br /> the opinion of Lender,by said Unfform Commerdal Code. If the lien of this Deed of Trust be subject to any security agreemerrt covering the Chattels,then
<br /> in the evem of any defauft under this Deed of Trust,all the right,title and imerest of Grantor in and to any and all of the Chattels is hereby assigned to
<br /> Lender, together with the benefit of any deposits or paymerrts now or hereafter made thereof by GraMor or the predecessors or successors in title of
<br /> GraMor in the Property.
<br /> 21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender, at Lender's option, may expend funds(induding attomeys'fees and legal
<br /> expenses)to perform any act required to be taken by Grantor or to exerdse any right or remedy of Lender under this Deed of Trust. Upon demand,Grantor
<br /> shall irtmediately reimburse Lender for all such amourrts expended by Lender togethe�with iMerest ihereon at the lower of the highest rate described in any
<br /> Obligation or the highest rate allowed by law from the date of payment urrtil the date of reimbursement. These sums shall be induded in the deflnftion of
<br /> Obligations herein and shall be secured by the benefiaal irrterest granted herein. If the Obligations are paid after the beginning of publication of notice of
<br /> sale,as herein provided,or in the evern Lender shall,at its sole option,pemtt Grarnor to pay any part of the Obligations after the beginning of publication of
<br /> notice of sale,as herein provided,then,Grantor shall pay on demand all expenses incurred by the Trustee and Lender in connection with said publication,
<br /> induding reasonable attomeys'fees to the attomeys for the Trustee and for the Lender,and a reasonable fee to the Tn�stee,and this Deed of Trust shall be
<br /> security for all such expenses and fees.
<br /> 22 APPUCATION OF PAYMENTS. The Trustee shall apply the proceeds of the 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 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
<br /> balance,if any,to the person or persons legally errtitled ihereto.
<br /> 23. POWER OF ATTORNEY. Gramor herebyappoints Lender as its attomey-in-fact to endorse Grarrtor's name on all instruments and other documems
<br /> pertaining to the Obligations or Deed of Trust. In addition, Lender shall be errtitled, but not required, to perform any action or execute any documerrt
<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 /> reheve Grantor irom any Obligation or cure any default under this Deed of Trust. All pwers of attomey described in this Deed of Trust are coupled with an
<br /> irrterest and are irrevocable.
<br /> 24. SUBROGATION OF LENDER. Lender shall be subrogated to the �Ights of the holder of any previous lien, securiry interest or encumbrance
<br /> discharged with funds advanced by Lender regardless of whether ihese liens,security interests or other encumbrances have been released of record.
<br /> 25. COLLECTION COSTS. To the exterrt pemrtted by Iaw,Grarnor agrees to y Lender's reasonable fees and costs,induding,bui not limited to,fees
<br /> and costs of attomeys and other agents (induding wrthout limitation paralegal�s,�derks and consultams), 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 enforang any rigM or remedy under this Deed of Trust,whether or not
<br /> suil is LxougM,induding,but not limited to,all fees and cosis fncurred on appeal,in baniwptcy,and for post-judgmem collection actions.
<br /> 26. PARTIAL RELEASE. Lender may release its irrterest in a portion of the Property by executing and recording one or more Partial Deeds of
<br /> Reconveyance without affecting its irrterest in the remaining portion of the Property. Nothing herein shall be deemed to obligate Lender to release any of its
<br /> interest in the Property(excepl as required under Paragraph 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 defauft under this Deed of trust. The Ilen and security interest created by the Deed of Trust remain in effect 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 Re�nveyance
<br /> 27. MODIFICATiON AND WAIVER. The modification or waiver of any of Granlor's Obligations or Lender's rights under this Deed of Trust must be
<br /> contained in a writing signed by Lender. Lender may pertortn any of BoRower's or Grantor's Obligations,delay or fail to exercise any of its rights or axept
<br /> payments from Grantor or anyone other than Grarrtor without causing a waiver of those Obligations or rigMs. A walver on one occasion shall not constitute
<br /> a waiver on any other oa;asion. 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 Obligatfons belonging to any Grantor,BoRower or thirdparty or any of its rights agalnst any GraMor, Borrower or
<br /> third party or any of the Property. Lender's failure to insist upon strict performance of any of the Obligaiions shall not be deemed a waiver and Lender shall
<br /> have the rigM at any time thereafter to insist upon strict performance.
<br /> 28. SUBSTITUTE TRUSTEE;TRUSTEE LIABILITY;COMPENSATION. In case of the death,inabiliry refusal to act or absence of the Trustee from the
<br /> state where the real property fs 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 trustee 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 appointed,become successor to all rigMs of Trustee hereunder and the same shall
<br /> 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
<br /> shall not be liable for any error of�udgmerrt or act done by Trustee, or be othervvise responsible or axountable under any dreumstances whatsoever.
<br /> Trustee shall not be personally liable in case of errtry by it or anyone acting by virtue of the powers herein grarrted it upon the Deed of Trust for debts
<br /> corrtracted or liability or damages incurred in the managemern or operation of said premises. Trustee shall have the rigM to rel on any instrument,
<br /> documant or signature authorizing or supporting any action taken or Qroposed to be taken by it hereunder or believed by it in �falth to be genuine.
<br /> Trustee shall be emiiled to reimbursemerrt for expenses incuRed by it in the performance of its duties hereunder and to reasonable compensation for such
<br /> of its services hereunder as shall be rendered. Grantor will,f�om 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 performance of its duties.
<br /> All moneys received by Trustee shall,urrtil used or applied as hereinprovided,be held in trust for thepurposes 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 Iiabfliry 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 represerrtatroes,legatees and devisees.
<br /> 30. NOTICES. Except as otherwise required by law,any notice or other cormunfcation to be provided under this Deed of Trust shall be in writing and serrt
<br /> to the parties at the addresses described in this Deed of Trust or such other address as the parties ma designate in wrfting from time to time. My such
<br /> notice so given and seM bv first dass 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 gNen.
<br /> 31. SEVERABILITY. Whenever possible,each provision of this Deed of Trust shall be interpreted so as to be effective 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,Grantor conseMs to the jurisdiction and venue of any court selected by Lender,in its sole discretion,located in that state.
<br /> 33. MISCELLANEOUS. Grarrtor and Lender agree that time is of the essence. Grantor waives presentment,demand for payment,notice of dishonor and
<br /> �otest except as requfred b law. All references to Grantor in this Deed of Trust shall indude allpersons signing below. If there is more ihan one Grantor,
<br /> ir Obligatfons shall be p' irrt and several. This Deed of Trust represents the complete integrated 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 parry benefiaary of any prOvision of this Deed of Trust. All provisions of this Deed of
<br /> Trust in favor of Lender are imended solely for the benefit of Lender,and no third party shall be errthled to assume or expect that Lender will not waive or
<br /> consent to the modiflcation of any provision of this Deed of Trust,in Lsnder's sole discretion.
<br /> 35. PRESERVAl10N OF UABILITY AND PRIORITY, Wtthout affecting the liability of Borrower,Grantor,or any guarantor of the Obli�ations,or any other
<br /> person(except a person expressly released in writin�)for the paymern andperformance of the Obligations,and wfthout affecting the nghts of Lender with
<br /> respect to any Property not expressly released in wrrting,and without impairing in any way the priority of this Deed of Tn�st over the irrterest of any person
<br /> acquired or flrst evidenced by recording subsequem to the recording of this Deed of Trust,Lender may,efther before or after the maturity of the Obfigations,
<br /> and without notice or consent:release any person Ifable forpaymer»or performance of all or any part of the Obli ttons;make an agreemern altering the
<br /> terms of payment orpertormance of all or any part of the Obligations;exerdse or refraln from exerdsing or walve a�ny�igM or remedy that Lender may have
<br /> under the Deed of Trust;accept additional sec;urity of any Idnd for any of the Obligations;or release or otherwise deal with any real or personal property
<br /> securing the Obllgations. My person acquiring or recording evidenoe of any irrterest of any nature in the Property shall be deemed, by acqulring sucf�
<br /> irnerest or recording any evidence thereof,to have conserrted to all or any such actions by Lender.
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