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200100898
<br />20. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Dead of Trust shall be considered and be effective as a financing
<br />statement and a fixture filing 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 articles of personal property now owned or hereafter attached to or to be used in connection with the Property together
<br />with any and all replacements thereof and additions thereto (the "Chattels "), and Grantor hereby grants Lender a security interest in such Chattels. The
<br />debtor is the Grantor described above. This Dead of Trust will be effective as a financing statement filed as a fixture filing with respect to all fixtures
<br />included within said promises and is to be filed for record in the real estate records of each county where any part of said promises (including said
<br />fixtures) is situated. This Dead of Trust shall also be effective as a financing statement covering any other premises and may be filed in any other
<br />appropriate filing or recording office. A carbon, photographic or other reproduction of this Deed of Trust or of any financing statement relating to this
<br />Deed of Trust shall be sufficient as a financing statement for any of the purposes referred to in this Paragraph. The secured party is the Lender
<br />described above. Upon demand, Grantor shall make, execute and deliver such security agreements (as such term is defined in said Uniform
<br />Commercial Code) as Lender at any time may deem necessary or proper or required to grant to Lender a perfected security interest in the Chattels, and
<br />upon Grantor's failure to do so, Lender is authorized to sign any such agreement as the agent of Grantor. Grantor hereby authorizes Lender to file
<br />financing statements (as such term is defined in said Uniform Commercial Code) with respect to the Chattels, at any time, without the signature of
<br />Grantor. Grantor will, however, at any time upon request of Lender, sign such financing statements. Grantor will pay all filing fees for the filing of such
<br />financing statements and for the refilling thereof at the times required, in the opinion of Lender, by said Uniform Commercial Code. If the lien of this
<br />Deed of Trust be subject to any security agreement covering the Chattels, then in the event of any default under this Deed of Trust, all the right, title and
<br />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
<br />hereafter made thereof by Grantor or the predecessors or successors in title of Grantor in the Property.
<br />21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender, at Lender's option. may expend funds (including attorneys' fees and legal
<br />expenses) to perform any act required to be taken by Grantor or to exercise any right or remedy of Lender under this Deed of Trust. Upon demand,
<br />Grantor shall immediately reimburse Lender for all such amounts expanded by Lender together with interest thereon at the lower of the highest rate
<br />described in any Obligation or the highest rate allowed by law from the date of payment until the date of reimbursement. These sums shall be included
<br />in the definition of Obligations herein and shall be secured by the beneficial interest granted herein. If the Obligations are paid after the beginning of
<br />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
<br />beginning of publication of notice of sale, as herein provided, then, Grantor shall pay on demand all expenses incurred by the Trustee and Lender in
<br />connection with said publication, including reasonable attorneys' fees to the attorneys for the Trustee and for the Lender, and a reasonable fee to the
<br />Trustee, and this Deed of Trust shall be 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
<br />of sale and of the sale, including the payment of the Trustee's fees actually incurred not to exceed the amount which may be provided for in the Deed of
<br />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,
<br />and the balance, if any, to the person or persons legally entitled thereto.
<br />23. POWER OF ATTORNEY. Grantor hereby appoints Lender as its attorney -in -fact to endorse Grantor's name on all instruments and other documents
<br />pertaining to the Obligations or Deed of Trust. n addition, Lender shall be entitled, but not required, to perform any action or execute any document
<br />required to be taken or executed by Grantor under this Dead of Trust. Lender's performance 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 powers of attorney described in this Deed of Trust are coupled with
<br />an 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 with funds advanced by Lender regardless of whether these lions, security interests or other encumbrances have been released of record.
<br />25. COLLECTION COSTS. To the extent permitted by law, Grantor agrees to pay Lender's reasonable fees and costs, including, but not limited to, fees
<br />and costs of attorneys and other agents (including without limitation paralegals, clerks and consultants), whether or not such attorney or agent is an
<br />employee 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
<br />not suit is brought, including, but not limited 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 a portion 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
<br />its interest 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
<br />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
<br />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
<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 perform any of Borrower's or Grantor's Obligations, delay or fail to exercise any of its rights or
<br />accept payments from Grantor or anyone other than Grantor without causing a waiver of those Obligations or rights. A waiver on one occasion shall not
<br />constitute a waiver on any other occasion. Grantor's Obligations under this Deed of Trust shall not be affected if Lender amends, compromises,
<br />exchanges, fails to exercise, impairs or releases any of the Obligations belonging to any Grantor, Borrower or third party or any of its rights against any
<br />Grantor, Borrower or third party or any of the Property. Lender's failure to insist upon strict performance of any of the obligations shall not be deemed a
<br />waiver and Lender shall have the right at any time thereafter to insist upon strict performance.
<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
<br />trustee 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
<br />writing a substitute trustee for said Trustee, and the substitute trustee shall, when appointed, become successor to all rights of Trustee hereunder and
<br />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
<br />the Trustee. Trustee shall not be liable for any error of judgment or act done by Trustee, or be otherwise responsible or accountable under any
<br />circumstances whatsoever. Trustee shall not be personally liable in case of entry by it or anyone acting by virtue of the powers herein granted it upon
<br />the Deed of Trust for debts contracted or liability or damages incurred in the management or operation of said premises. Trustee shall have the right to
<br />rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by it hereunder or believed by it in
<br />good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by it in the performance of its duties hereunder and to
<br />reasonable compensation for such of its services hereunder as shall be rendered. Grantor will, from time to time, pay compensation due Trustee
<br />hereunder and reimburse Trustee for and save and hold it harmless from and against any and all loss, cost, liability, damage and expense whatsoever
<br />incurred by it in the performance of its duties.
<br />All moneys received by Trustee shall, until used or applied as herein provided, be hold in trust for the purposes for which they were received, but need
<br />not be segregated in any manner from any other moneys (except to the extent required by law) and Trustee shall be under no liability for interest on any
<br />moneys received by it hereunder.
<br />29. SUCCESSORS AND ASSIGNS. This Deed of Trust shall be binding 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 communication to be provided under this Deed of Trust shall be in writing and
<br />sent to the parties at the addresses described in this Deed of Trust or such other address as the parties may designate in writing from time to time. Any
<br />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
<br />received 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 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. APPLICABLELAW. This Deed of Trust shall be governed by the laws of the state where the real property is located. Unless applicable law provides
<br />otherwise, Grantor 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
<br />and protest except as required by law. All references to Grantor in this Deed of Trust shall include all persons signing below. If there is more than one
<br />Grantor, their Obligations shall be joint and several. This Deed of Trust represents the complete integrated understanding between Grantor and Lender
<br />pertaining to the terms and conditions hereof.
<br />34. NO THIRD PARTY RIGHTS. No person is or shall be a third party beneficiary of any provision of this Deed of Trust. All provisions of this Deed of
<br />Trust in favor of Lender are intended solely for the benefit of Lender, and no third party shall be entitled to assume or expect that Lender will not waive
<br />or consent to the modification of any provision of this Deed of Trust, in Lender's sole discretion.
<br />NEDOTO Rev. 12197 Page 4 of 6
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