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2UODU � 133
<br /> 2Q. SECURITY IMTFREST UNDER THE UNIFOHM CQl1AMFRCIAL COU4. This f_leed of Trust shall be considered and be efiective as a financing
<br /> siatement and a fixture filing pursuanl to the provisions of the Uniiorm Gomrnercial Code (as adopted in the state where the real property is located)
<br /> covering fixtures,chattels,and articles of personal properly now owned or hereafter attached to or to be used+n connection wilh the Property logether with
<br /> :�r!y and all replacements thereof and additions ihereto(the"Chattels),and Grantor hereby grants Lender a security interest in such Chattels. The deblor is
<br /> the Grantor described above. This Dee�of Trt�st will be effective as a financing staternent filed as a fixture filing with respecl to alt fixtures included within
<br /> said premises and is to be tiled for record in the real estate records ot ca.ch coun?y wh�ei�e any part of said premises(including said fixtures)is situated: This
<br /> f�eed of Trust shall a!so be effeciive as a financ�ng s[aleiTient covering any other prerriises and may be filed in any other appropriate filing or recording
<br /> office. A carbon.photoqraphic or oiher reproduciion of ihis Deed of Trust or of any financin�statement relating to this Deed of Trust shall be sufficient as a
<br /> f�n�.tnc,ing staternent tor any of the piirposes referred to in this Paragraph. The secured party is the Lender described above. Upon demand,Grantor shall
<br /> �riake, exer,u?e and deliver such security agreerTient; (as such term is defined �n said Un�form Commercial Gode) as Lender at any linie may deem
<br /> r=eces�ary or proper or required to Grar�t 10 Lender a perlected security interest in ihe Chattels,and upon Grantor's failure to do so, Lender is authorized to
<br /> �ign any siicli agreement as!he agent of Grantor. Granto�hereby authori::es Lender to file finanr.ing st�ten�nts(as such term is defined in said Uniform
<br /> C;omrnercial Code)with respect to the Cl+attels, ai any tirne,withou!?he sign�ti.re of G�antor. Grantor w�fli,howe��er,at any time upon request of Lender,
<br /> sign si.ich financing siaterr�nts. Graritor�nnll pay aU filing tees for the filir!g af such finai�cir2c�statements and(or the re(iling ihereof at the times required,in
<br /> the opinion of i_ender,by said!Jniforn?Cc�iYmiercial Codc. If the lieri of lhis Geed of Trust be subject io any security agreement covering ihe Chattels,ihen
<br /> � �the event of any de!ault under ihis Deed of Triist, afl the right, tiile and interesi of Graritor�n and to any and�II of the Chaitels is Fiereby assigned to
<br /> f f�n�ic:r, toqether with the benefit ol any deposits or payrnenis no�+! er hereat?er made ihereaf by Grantor or tlie predecessors or successors in title of
<br /> (;rarrier in the Property.
<br /> `<t1. REIMBURSEMENT QF AMnUMT:S L?(PENUED BY LENf)EE�, LencJer, ai Lender'� eption, may expend funds (incliiding attorneys' fees and legal
<br /> �>xpenses)to pertonn ar�y act requirecl�o be taken by Granior or to exercise any riG!i;oP reinecJy oi Lender under this Deed of Trusi. Upon demand,Grantor
<br /> shall immediate!y reimburse Lender for ail s�.ich amoui�ts expended by!_e�ider togeiher witli inlerest ihereon at the lower of the highest rate described in any
<br /> Obligation or ihe highest rate allowed by laUi frorn the dale of paymerrt �inti!ihe�d:a1e ef reirn�lurserrreni. These sums shall be included in the definiiion of
<br /> Cibligaiions herein and shall be secured by ihe beneticiai iriteresi yranter�herein If Ihe Oblic�ations are paid after tf�e begirming of publication of notice of
<br /> sale,as herein provided,or in the event Lender shalL al its sole aptf�n,permit Grantc�r+n pay any nart of the Oh9gatiens afler the beginning of publication of
<br /> notice of sale,as herein provided,ther�.Grantor shal!pay on de!nand aii expense:i!�c:��rred by the Trustee and Lender in connection with said publication,
<br /> i+icluding reasonable aitorneys'fees to?he aitorneys for the Trustee:�r!d for+t,e Ler�deY.and a reasenable fee to the Tru;tee,and this Deed of Trust shall be
<br /> security(or all such expenses ar+d fees
<br /> ?2. APPLICATION OF PAVMENTS. The Trustee shall apply the proce�ds of 1he lruslee`s sale,first,to the costs and expenses of exercising the power of
<br /> sale and oi the sale,including the payrTieni of ihe Trustee's fees acit�aliy incurred!iot ta er.ceed the amouni which rriay be provided for in lhe Deed of Trust,
<br /> secorid,to paynrent of the obligation secured by tr!e Deed of Trust,thircl,to the pay�T�ent of junior deeds of irust, rriorigages or other lienholders,and ihe
<br /> balance,if any,to the person or persons IeqaIIV enTitled lhereT�.
<br /> <�'3. POWER OF ATTORNEY. Gr.a!�Ior iiereby �appoints Lender as�ts aitorney-ir��faot ic endorse Grantor's name�n all instruments and other documents
<br /> pertaining to the Obligations or Ueed of Trust. in additii�n, Lende� sl�all bo,� ent;tled, but n�i required, to perform any action or execute any document
<br /> reqiiired to be taken or executed by Grantor under this Qeed of TrusL I_end��r's perforrrianc� of such action or execution of such documents shall not
<br /> relieve Grantor from any Obiigation or a ire any defauli unde!ihis Deed of�Trust. All por,vers of attorney descr4bed in this Deed of Trust are coupled with an
<br /> i�ilerest and are irrevocable.
<br /> �4. SUBROGATION QF LENDER. Lender shall be subrogated to the ri�lit: ot ttie holder of any previous lien, security interest or encumbrance
<br /> discharged with funds adv;�nced by Lencier regar��l�ss c�f whell�er these liei�s.se�inily inlerests or other encumbrances have been released of record.
<br /> 25. COLLECTInN COSTS. To?he extent pe.rmitted 6y la�v,Grantor agrees to pay Lender's reasonable fees and costs, including,but not limited to,fees
<br /> -nd costs oi attorneys and othe! agenls (iriduding v�ithout limitaiion paralegals, cierks and consultants), whether or not such atlorney or agent is an
<br /> e�mpioyee of Lender,which are incurred by�ender in collecting any amount due or enforcing any right or remedy under ihis Deed of Trusi,whether or not
<br /> suit is brought.includinp,but not limited to,all fees and costs incurred on appeal,in bankruptcy,and for post-judgmern collection actions.
<br /> �'_6. PARTIAL �iELEASE. Lender m�y releass i+s inlerest i�i � portion ot ihF> P�•n�ei1y by execuling and recording one or more Partial Deeds of
<br /> Reconveyan�e without affectiny its interest iri the remaininq portion of the Property Nothing Y!erem shall be deemed to obligale Lender to release any of its
<br /> in!erest in the Property(except as required under Paragraph 38 nr as iYiay be atl�ert�fise required by law),nor shall Lender be obligated to release any part
<br /> uf tY.a Properly if Grar�tor is in d�fault under this Ueed of Tr!�st. "fhe lien and securily interest created by the Deed af Trust remain in effect wilh respect to
<br /> t��at porlion of ihe property,as defined�n the Dee-_i of TYust,that is not the subject of iFii�or any Partial Deed of Recom�eyance
<br /> 77. MOI�IFICATIQN AND WAIVER. The modification or waiver af any of Grar�tar's Obligations or Lender's righis under lhis Deed of Trust must be
<br /> �,ontairied in a writing signed by Lender. Le!}der rnay periorm any of Bono��rer's or Grantor's Ohliyations.delay or faii to exercise any of its rights or accept
<br /> Gaymen+,s fro�ri Grantor or anyone other tlian Urantor wrthout causing a waiver ot tl�ose Obiigations or rights. A waiver on one occasion shall not constitute
<br /> a waiver on any other occasion. C,rantor's Obligations under ihis Deed��f Trust shall not be affected if Lender ame�ids, compromises,exchanges, fails to
<br /> .-xercise, impairs or releases any of ihe Obligations belonginc�to any Grantor, Borrower or third party or any of its righis against any Grantor, Borrower or
<br /> Ihird pariy or any of Ihe Properly. L.ender's failure to insist upon strict perfonnanc�of any ef the Obligations shall not be deemed a waiver and Lender shall
<br /> I�ave the riyht at any tin�:thereafler lo insist upon strir,t performance.
<br /> �8. SUBSTITUTE TRUSTEE;TFiUS'CF_E �.I�i�#IL.ITY;COIIAPENSAT!C1N. in c,:-�se of irie death,inability,refiisal Io ac�or absence of the Trustee from the
<br /> .1ate where 1he real property i�located or in case Ihe ha!der of tLe Obli�atior�s shal�d�sire for any reason to remove t!�e�Trustee or any substitute trustee as
<br /> tiusiee hereund�r and lo appoint a !iew truslee in his place and steaci, the holder of �he C)bligations is hereby granied full power to appoint in writing a
<br /> substilute irustee for said Trustee.and?he substiti ite irustee shall,when a�apoii!teci,beco!ne s!iccessor to all rights of Trustee hereunder and the same shall
<br /> becorne vested in him for the purposes and okjecis of this Deed ot Tr�.ast��ritti ail ti�f po�uer,di ities and obligation�herein conlerred on the Trustee. Trustee
<br /> shal! not be liable for any errnr of ji�dgiTient nr act done by 7nastee, or hF� othcarHrise �espunsible or accountable under any circumstances whatsoever.
<br /> l�rustee shall not be personally liable in r,ase of entr�y by i! or anyonc ?rEirto by uirtu� of 1he ��wers lierein granted it upon the Deed of Trus1 for debts
<br /> comracted or liability or damaaes iricurred in the rnar�aqern�nt ur operat�oiz o� Scl!(I pYP,iTI!S@s. Trustee shall have the right to rely on any instrument,
<br /> ciocurnenl or signature authoriring or supporting any action taken or t;re��sed io b� iaken b�- it hereunder or believed by it in good faitli io be genuine.
<br /> ?rustee shall be entitled to reimbursement(or expenses inairred by il iri !he per(orrii�nce of its duties herei.inder ancl to reasonable compensation for such
<br /> of its services hereunder as shall be rendered. Granlc�r�vili, from tirne?o tirne, p:?y compensatiori due TYustee her�under and reirnburse Truslee for and
<br /> save and hold it harmless from and against any and ail loss,cost,liabilily,damaye and expense whatsoever incurred by it in the performance of its duties.
<br /> All moneys received by Trustee shall,until used or app!ied as herein provided,be held in tr.�si for the purposes tor which they were received,but need not
<br /> t�e seyregated in any manner froin an��o?her moneys (excRpt to ti�e exten! req�;ired by law) and Trustee shall be under no liability for interest on any
<br /> rnoneys received by it hereunder.
<br /> 29. SUCCESSORS AND ASSIGN�. Tl��s Lee�i o! Trust shall bF binding upcn a_ric� in,�re fo ihe benefit of Grantor and Lender and their respective
<br /> :uccessors,assigns,irusiees,receivers.ac'rninisirator>,personal represer2?atives,legatees and devisees.
<br /> 30. NOTICES. Except as olherwise rsquired by la+n.�,rany notic�or other conir�uirrcatic�n to ae pruvided under tliis Ueed of Trust shall be in writing and sent
<br /> to the parties at the addresses described in ihis Qeec�et Tnist or such ott�er adciress as the parties ma designate in writing from time lo time. Any such
<br /> !�otice so yiven and sen�by first ciass rnail, postaye pr��paid, shall be deeined given ihe earlier of three�3)days afler such notice is sent or when received
<br /> by the person to ti�han such notlCe is being yiver�.
<br /> 31. SEVERABILITY. Whenever passible, each prov�sion of ihis D�ed ot Trus1 shall be inlerpreted so as to be effective and valid under applicable state
<br /> law. If any provision of this Deed of Tnist violates ihe law or is unenforceable,ihe rest of the Deed of Trust shall continue to be valid and enforceable.
<br /> a2. APFLICABl.E LAW. This De�d ol Trust shail be govemed by tlie laws of ihe state where the real property is located. Unless applicable law provides
<br /> otherwise,Grantor consents to tl�e jurisdictior,and ventae af any court selecled by L.ender,in iis sole discretion,located in that stale.
<br /> 33. MISCELLANEOUS. Grantor and Lender agree that lime is of the esser�ce. Grantor waives preseniment,de�riand for payment,notice of dishonor and
<br /> }�rotest except as required by law. All references to Granior in this Ueed of Trust shall include all persons signing below. If there is more than one Grantor,
<br /> iheir Obligations shall be J'oint and several. This Ueed of Trust represems ihe complete integrated understanding betv�leen Grantor and Lender pertaining to
<br /> E'�e±erms and conditions hereof.
<br /> :�4. NO TNIRD PARTY RIGHTS. No person is ar shall be a third party benef�ciary of any provision of this Deed ot"Trust. All provisions of this Deed of
<br /> Triast in favor of Lender are intended solely for the benefit of Lender,and rio ihird party shall be entiiled to assume or expect that Lender will not waive or
<br /> c,•nserd to the inodification of a.ny provisiori o!tliis Deed of Trust,in Lender's sole discretion.
<br /> ;t5. PRESERVATION AF LIABILlTV ANQ PRIORIT�Y. Without atfecting the lia6ilily of Borrower.Grantor,or any guarantor of the Obligations,or any other
<br /> person (ex�ept a person expressly released in writinc�) for the payrT�nt and perforrn.�nce c,f ihe Obligations,and withoui affeciing the rights of Lender with
<br /> �especi to any Property noi exuressly released in+arit�ng.and without irnpair'ing iri any�vay tFie priorily of this Deed of Trust over the interest of any person
<br /> acquired or first evidenced by recording subsey�_ient 10 the recordinia of t��ie Daed o!Trust,I._=nder rnay,either befnre or after the rr�turity af the Obligations,
<br /> �and wittwut notice or conseni:release any person lia.ble for pay�r�er�t or performarc?of all or any part of lhe Obliqations;make any agreement allering the
<br /> lerms of paymenl or performanr,e of ali or any part of tiie Obliyations;exercise or rF:frain fro�n exercismg or waive any right or remedy tliat Lender may have
<br /> under the Deed of Trust;accept additional securiry ot any kind for any ot the Obligations;or release or otherwise deal with any real or personal property
<br /> securing 1he Obligations. Any person acquiring or rt:cord'nig evidence o1 a!iy interest of any nature in 1he Property shall be deemed, by acquiring such
<br /> interest or recording any evidence the!eol,to have cansented to all or any si�ch aclions by Lender.
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