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200002098 21L SECURITY INTEREST UNCER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effective as a to the provisions of the Uniform Commercial Code (as adopted in the state where the real property Is p Vii. mss. � articles of personal property now owned or hereafter attached to or to be used in connection with the Property together with ardso mpisownwo thereof and s thereto ( the "Chattels', and Grantor hereby grants Lender a seaufty interest In such Chattels. The debtor is d fixtures included w" the orator described above. This Deed of Trust will be effective as a financing statement toed as of said t� (Id p said mss) is situated. This MW promises and is b be 1Nsd for record in the real estate records of each county where any Part mg or ago r tong Dead of Teat shall do be effecUw as a financing statement covering any other premises and may re filed In any need oap'ust ha ofllos. A carbon, photographic or otter reproduction of this Deed of Trust or of any ling statement relating to this Deed f Trust shall be sutll Grantor h ll tkhenckmg staterrment for any of the purposes referred to in this Paragraph. The secured party is the Lander described above. Upon donmsnd, Granby thaN rrmtits, execute and delver such security agreements (as such term is defined in said Uniform Commercial Code) as Lender ad arty 1m b "We. ex cu proper or MOW, grant to Lender a perfected security Interest In the Chattels, and upon Grantor's failure b do so, Lender � any � aproert as the agent of Grantor. Grantor hereby authorizes Lender to file financing statements (as such term is defined in said Uniform Camnrdd Cods) wrhh'vtogW to the Chattels, at any time, without the signature of Grantor. Grantor will, however, at any time upon t re of Lender. wily sign such lkhanoing statements. Grantor will pay all filing fees for the filing of such financing statements and for the reflling thereo the � of Lender. by said Uniform Commercial Code. If the Ilen of this Deed of Trust be subject to any security agreement cov in the event of any default under this Deed of Trust, all the right, tits and interest of Grantor in and to any and all of the Chatteis�isftas to b�sr with the benefit of any deposits or payments now or hereafter made thereof by Grantor or the predecessors In dde of Grardor in to Property. may 21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lander, at Lender's of option, under this Deed off ft Ott ion demand, and legal ra expenses) to perform any act required to be taken by Grantor or to exercise any right remy shell Ir mutely reirnburse Lander for all such amounts expended by Lender together with Interest thereon at the lower of the highest rate described In any Obligation or the highed rate allowed by law from the date of payment until the date of reimbursement. These sums shall be included In the definition of OWgatlore herein and theN be secured by the beneficial interest granted herein. if the Obligations are paid after the beginning of pubecadon of room of :ale. as herein provided. or in the event Lender shall, at its sole option, peril Grantor to pay any part of the Obligations after the beginning of publication of notice of ads. as herein pronridsd, then. Grantor shall pa on demand all expenses incurred by the Trustee and Lender in connection with said puball be shag be >ncMdng reasonable attorneys' tees to the hhdtomeys for the Trustee and for the L. ender. and a reaaonab� fee to the Trustee. and this Deed of Tent shall searMy for all such expenses and fees. 2Z APPLICATION OF PAYMENTS. The Trustee shall apply the proceeds of the trustee's sale, first, to the costs and expenses of exerd:irmp the power of sale and of 1M sale. inck4ng the payment of the Trustee's fees actually Incurred not to ex nor deeds cwt ust ymortgage: or othirb rsDead Trust, second' to pa"" of the seared by Ith ell thereto. rust, third, to the payment 1u balanca, I any. b the Perm person legally 23. POWER OF ATTORNEY. Grantor hereby appoints Lender as Its attomey -in -fact to endorse Grantor's name on all Instruments and other docu nw is pertakirp to the ObdgaUons or Deed of Trust. n addition, Lander shall be errtitied. boumt�rawnt requfired, to perform any action or execute any docrnnot G antor irbo n a eObligatfonborGdre any defautl and this D Nedctof Tru Alf powers ofaattofrtmey descriabed In this Deed ofTrust Oro coupled with an are trrevoo able 24. SUBROGATION OF LENDER. Lender shall be subrogated to the rights of the holder of any previous den, security Interest or enarnbrance discharged with (ands advanced by Lander regardless of whether these liens, security Interests or other encumbrances have been released of record. 26. COLLECTION COSTS, To the extent Peed by law, Grantor agrees to pay Lender's reasonable fees and costs, Including, but not drtited b, fees and costs of atbreys and other agents (Including without limitation paralegals, clerks and consultants), whether or not such attorney � Is an employee of Lender, which are Incurred by Lender In collecting any amount due or enforcing any right or remedy under this Deed of Trust. or not suK Is brought, Ixiudkhg, but not limited to, all fees and costs incurred on appeal, in bankruptcy, and for post - judgement collection actions. 26. PARTIAL RELEASE. Lander may release its Interest in a portion of the Property by executing and recording one or more Partial Deeds of Reconveyarmoe without affecting its interest o the renteining portion of the Property. Nothing herein shall be deemed to obligate Lender to release any of its Imtered in the prdnpe� «except as required under P 3t3 or as may be otherwise required by law), nor shall Lander be obligated to release any part of the Properly I G is in default under this Deed of rust. The ten and security Interest created by the Deed of Trust remain In effect with respect b that pardon at the property, as defined in the Deed of Trust, that Is not the subject of this or any Parts! Deed of Reoonveyanoe v. MODFICATiON AND WAIVER. The modification or waiver of any of Grantor's Obligations or Landes rights under this Deed of contained in a writing signed by Lender. Lender may perform any of Borrower's or Grantor's Obligations, delay or fail to exerdsee any of he payments from Grantor or anyone other than Grantor without causing a waiver of those Obligations or dos. waiver on one not a waitron on army other occasion. Grantor's Obligations under this Deed of Trust shall not be affected if r amends, compromises, Ae arrow or exercise, Impairs or reeases any of the Obligations belonging to any Grantor, Borrower or third party or any of its rights :;r Ti any Grantor. M party oc arty of the Property. Lender's failure to insist upon strict performance of any of the i _gallons shall not be deemed a waiver and Lander shall hays the right at any tires thereafter to Insist upon strict performance. 21L SUBSTITUTE TRUSTEE; TRUSTEE LIABILITY; COMPENSATION. In case of the death, Inability refusal to act or absence of the Trustee from the 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 substhft 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 owdtlrhg a substtiuts trustee for said Trustee, and the substitute trustee shall, when appointed, become successor to all rights of Trustee hereunder and the same shelf became vested In him for the purposes and objects of this Deed of Trust with all the power, duties and obligatkms herein conferred an the Trustee. Trustee Ad not be lisble for any error of judgement or act done by Trustee, or be otherwise responsible or aocountable under any drour stances whatsoever. Trustee shell not be personally liable in case of entry by it or anyone acting by virtue of the powers herein granted it upon the Deed of Trust for debts contracted or Nabllily or s incurred in the man�g�merrt or operation of said premises. Trustee shall have the �g�t to ref on any Instrument, document a signature authorizing or supporting any action taken or proposed to be taken by it hereunder or bedeved b s in faith to be genuine. ! Trustee shall be andded to reimbursement for expenses Incurred by it in the performance of its duties hereunder and to cocomp Trustee sati n f such of its services hereunder as shell be rendered. Grantor will, from time to time, paompenssa Trust incurred ft hereunder the reimburse of dudes. save and hold it harmless from and against any and all loss, cost, liability, damage expense purposes by AA segregsated In any manner from anylused er moneys (except to the provided, �i�redintrust law) end Trustee sshall be under o liability received, interee st on any moneys received by fl hereunder. 21L SUCCESSORS AND ASSIGNS. This Deed of Trust shall be binding up Inure t� benefit of Grantor and Lender and their respective successors, assigns, trustees, receivers, administrators, personal representatives, legatees 31L NOTICES. Except as otherwise required by law, any notice or other communication to be provided under this Deed of Trust shed be in wdit and 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 such notes 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 received by the person to whom such notice is burning given. saw. S my pw I� of this Deed oioTniA vi Ines provision tw cur binertDborceable the rest be the Deed of Trust shalloontin continue o bye vvadifd and 32. � tae►. 1f any gnarl 32. APPLICABLE LAW. This Deed of Trust shall be governed by the laws of the state where the real property Is located. Unless appfoebe law provides otherwise, Grantor consents to the jurisdiction and venue of any court selected by Lander, in its sole discretion, located in that state. 33, MISCELLANEOUS. Grantor and Lender agree that time is of the essence. Grantor waives presentment, demand for payment, notice of dishonor and protest except as requirecl by lava. All references to Grantor in this Deed of Trust shall include all persons signing below. If there Is more than one Grantor, their Obligations shall be Joint and several. This Deed of Trust represents the complete integrated understanding between Grantor and Lander pertaining to the terms and conditions hereof. 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 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 or consent to the modification of any provision of this Deed of Trust, in Lender's sole discretion. 36. PRESERVATION OF LIABILITY AND PRIORITY. Without affecting the liability of Borrower, Grantor, or any guarantor of the Obdgatbns, a any other person (except a person expressly released in writing) for the paynrhent and performance of the Obligations, and without affecting the rights of Lender with respect to any P not express)�y released in writsng and wiicthhout impairing in an way the priority of this Deed of Trust over the Interest of an person acquked a first = by racordng subsequent to the recording of this Dead of Trust, Lender may, either before or after the maturity of the O�b�getiors, and vrMW notice or consent; release any person liable f r payment or performance of all or any part of the Obligations; melee arty spree erkmp to terrine o} pa or of all or any part of the Obligations; exercise or refrain from exercising or waive any right or remedy >Fhsd Led rmay ►have under the Dsed of Yrust; accept additional security of any kind for army of the Obligations; or release or otherwise deal with any real or P� securing the Obligations. Any person acquiring or recording evidence of an Interest of any nature In the Property shall be downed, by =k= Interest or recording any evidence thereof, to have consented to all or any such actions by Lender.