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. . 20000fls � �
<br /> 20. '�ECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effective as a financing
<br /> statemeM and a flxture filfng pursuant to the provisions of the Uniform Commercial 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 replacements thereof and addftions thereto(the"Chattels"),and Grarnor hereby grants Lender a security interest in such Chattels. The deMor is
<br /> the Grantor described above. This Deed of Trust will be effective as a financing statement filed as a fixture filing with respect to all fixtures included within
<br /> said premises and is to be flled 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 financing statement covering any other premises and may be filed in any otherappropriate filing or recording
<br /> office. A carbon,photographic or other reproduction of this Deed of Trust or of any finanang statement relating to this Deed of Trust shall be sufficient 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,Grarrtor shall
<br /> make, execute and deliver such security agreements (as such term is deflned in said Uniform Corrxr�eraal Code) as Lsnder at any time may deem
<br /> necessary or proper or required to grant to Lender a perfected security interest in the Chariels,and upon Grantor's failure to do so,Lender is authorized to
<br /> sign any such agreemeM as the agent of Grantor. Grantor hereby authorizes Lender to file financing statements(as such term is defined in said Uniform
<br /> Corrxneraal Code)whh 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 statements. Grantor will pay all filing fees for the filing of such financing statements and for ihe refiling thereof at the times required,in
<br /> the opinion of Lender,by said Uniform Comrneraal 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 suxessors in title of
<br /> Grantor in the Properry.
<br /> 21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender, at Lender's option,may expend funds(including attomeys'fees and legal
<br /> expenses)to pertorm 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 immediately reimtwrse Lender for all such amounts expended by Lender together with irnerest 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 until the date of reimbursemerrt. These sums shall be included in the definition of
<br /> Obligations herein and shall be secured by the benefiaal interest grarned 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,pemit GraMor 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 io 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 the trustee's sale,first,to the costs and expenses of exercising 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 entitled thereto.
<br /> 23. POWER OF ATTORNEY. Grantor herebyappoints Lender as its attomey-in-fact to endorse Grarrtor's name on all instrumerrts and other documents
<br /> pertaining to the Obligations or Deed of Trust. In addition, Lender shall be entitled, but not required, to Qerform any action or execute any document
<br /> required to be taken or executed by Grantor under this Deed of Trust. Lender'spe rfomiance 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'owers of attomey described in this Deed of Trust are coupled with an
<br /> interest and are irrevocable.
<br /> 24. SUBROGATION OF LENDER. Lender shall be subrogated to the rights of the holder of any previous lien, security interest or encumbrance
<br /> discharged wfth funds advanced by Lender regardless of whether these liens,security iMerests or other encurnbrances have been released of record.
<br /> 25. COLLECTION COSTS. To the exterrt pemrtted by law,Gramor agrees to y Lender's reasonable fees and costs,induding,but not IiMted to,fees
<br /> and costs of attomeys and other agents (induding wrthout limitation paralegalsaclerks and consultarits), whether or not such attomey or agent is an
<br /> employee of Lender,which are incurred by Lender in collecting any amount due or enforcing any rigM or remedy under this Deed of Trust,whether or not
<br /> suit is brougM,including,but not IiMted to,all fees and costs incurred on appeal,in bankruptcy,and for post-judgment collection actions.
<br /> 26. PARTIAL RELEASE. Lender may release its interest in apo rtion of the Property by executing and recording one or more Partial Deeds of
<br /> Reconveyance without affecting its interest in the remaining portion of the Property. Nothing herein shall be deemed to obligate Lender to release any of its
<br /> imerest in the Property(except as required under Paragraph 38 or as may be otherwise required by law),nor shall Lender be obligated to release any part
<br /> of the Property if Grantor fs in defauft under this Deed of trust. The lien and security interest created by the Deed of Trust remain in effect with respect to
<br /> that portion of the property,as deNned in the Deed of Trust,that is not the subject of this or any Partial Deed of Reconveyance
<br /> 27. MODIFICATION AND WAIVER. The modification 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 perforrn any of Borrower's or Grantor's Obligations,delay or fail to exerase any of its rights or accept
<br /> payments from Grantor or anyone other than Grantor without causing a waiver of those Obligations or rights. A waiver on one occasion shall not consthute
<br /> a waiver on any other occasfon. Grantor's Obliaatio�s under this Deed of Trust shall not be affected if Lender amends,compromises,exchanges,fails to
<br /> exerase,impairs or releases any of the Obligations belonging to any Grantor,BoRower or thirdpart y 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 pertormance of any of the Obligations shall not be deemed 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 ihe 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 trustee in his place and stead,the holder of the Obligations is hereby grarrted full power to appoint in writing a
<br /> substitute trustee for sald Tn�stee,and the substitute trustee shall,when appoirrted,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 the power,duties and obligations herein conferred on the Trustee. Trustee
<br /> shall not be Ilable for any eRor of�udgment or act done by Trustee, or be othervvise responsible or accountable under any arcumstances whatsoever.
<br /> Trustee shall not be personally liable in case of entry by it or anyone acting by virtue of the powers herein grarrted it upon the Deed of Trust for debts
<br /> contracted or liability or dama�es incurred in the manaaemeM or operation of said preMses. Trustee shall have the ri�ht to rely on any instrument,
<br /> dxumerrt or signature authorizmg or supporting any action taken or Qroposed to be taken by ii hereunder or believed by rt ingo od faith to be genuine.
<br /> Trustee shall be errtitled to reimbursemeM for expenses incurred by h in the performance 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 harmless 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,until used or applied as hereinprovfded,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 liability for interesl on any
<br /> moneys received by it hereunder.
<br /> 29. SUCCESSORS AND ASSIGNS. This Deed of Trusi shall be bindin� upon and inure to the beneflt of Grarrior and Lender and thefr respective
<br /> successors,assigns,trustees,receivers,administrators,personal represerrtatNes,legatees and devisees.
<br /> 30. NOTICES. Excepi as otherwise required by law,any notice or other corrrrunication to be provided under this Deed of Trust shall be in writing and sent
<br /> to the partfes at the addresses described(n this Deed of Trust or such other address as the parties ma designate in writing from time to time. Any such
<br /> notice so given and serrt by flrst class mail,postage prepaid,shall be deemed given the earlier of three�3)days aft�r 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 irrterpreted 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 conserns 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 wafves presentmerrt,demand for payment,notice of dishonor and
<br /> thetest except as required b law. All references to Grantor in this Deed of Trust shall indude allpersons s(gning below. If there is more than one Grantor,
<br /> ir Obligations shall be�'oir t and several. This Deed of Trust represerns the complete integrated understanding between Grantor and Lender pertaining to
<br /> the terms and conditions hereof.
<br /> 94. NO THIRD PARTY RIGHTS. No person is or shall be a third party benefidary of anyprovision of this Deed of Trust. All provisions of this Deed of
<br /> Trust in favor of Lender are irrtended solely for the beneflt of Lender,and no thirdparty shall Ye erriitled to assume or expect that Lender will not waive or
<br /> conseM to the modiflcation of any provision of this Deed of Trust,in Lender's sole discretion. i
<br /> 35. PRESERVATION OF LIABIUTY AND PRIORITY. Without affecting the Ilabiliry of Borrower,Grarnor,or any guarantor of the Obligations,or any other
<br /> person(except a person expressly released in writing)for the payment andpe rfomiance of the Obligations,and without affecting the rigMs of Lender whh
<br /> respect to any Property not expressly released in writing,and without impairing in any way the priority of this Deed of Trust over the irrterest of any person
<br /> acquired or firsi ev�denced by recording subsequerrt to the recording of this Deed of Trust,Lender may,either before or after the maturity of the Obligations,
<br /> and without notice or conser►t:release any person liable forpaymerrt or performance of all or any parl of the Obligations;make any agreemerrt aftering the
<br /> terms of payment orperfomiance of all or any part of the Obligations;exerase or refrain from exerasing or waive any rigM or remedy that Lender may have
<br /> under the Deed of Trust;accept additional security of any Idnd for any of the Obligations;or release or otherwise deal wlth any real or personal properry
<br /> securing the Obl(pations. My person acquiring or recording evidence of any interest of any nature in the Property shall be deemed, by acquiring such
<br /> iMerest or recording any evidence thereof,to have conserrted to all or any sucf�actions by Lender.
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