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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 /> stateme►d and a Bxture fliing pursuant to ihe provisions of ihe Uniform Commercial Code (as adopted in the state where the real property is located)
<br /> oovering fixtures,chattels,and articles of personal property now owned or hereafter attached to or to be used in connection with ihe Properly together with
<br /> arty end all replacements thereof and additions thereto(the"Chattels"),and Grarrtor hereby grants Lender a security interest in such Chattels. The debtor is
<br /> ihe Grantor described above. This Deed of Trust will be effective as a financing statement filed as a�ixture flling with respect to all fixtures included 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 flxtures)is sNuated. This
<br /> Deed of Trust shall also be effeclNe as a Hnandng statement covering any other premises and may be filed in any other appropriate filing or recording
<br /> offlce. A carbon,photographic or other reproduction of ihis Deed of Trust or of any finanang statement relating to this Deed of Trust shall be suffiaent as a
<br /> financing statement for any of the purposes referred to in this Paragraph. The secured party is the Lender described above. Upon demand,Grantor shall
<br /> malce, execute and deliver such sec:urity agreements (as such term is defined in said Uniform Comnercial Code) as Lender at any time may deem
<br /> necessary a proper or required to grant to Lender a perfected security imerest in the Chattels,and upon Grantor's failure to do so,Lender is authorized to
<br /> sign any such agreement as the agern of Grantor. Grantor hereby authorizes Lender to file financing statements(as such term is defined in said Uniform
<br /> Cortrnerdal Code)with resped to the Chattels,at any time,without the signature of Grantor. Grantor will,however,at any time upon request of Lender,
<br /> sign such flnancing statements. Grantor will pay all filing fees for the flling of such flnancing statements and for the reftling thereof at the times required,in
<br /> the opinbn of Lender,by said Uniform Comrnerdai Code. If the Ifen of this Deed of Trust be subject to any securiry agreement covering the Chattels,then
<br /> in ihe eveni of any defaufl under ihis Deed of Trust,all the right,title and irrterest of Grantor in and to any and all of the Chattels is hereby assigned to
<br /> Lerxier,together wilh the beneflt of any deposits or payments now or hereafter made thereof by Grantor or the predecessors or suxessors in tRle of
<br /> G►antor in the Prope►ty.
<br /> 21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender,at Lender's option,may expend funds(inciu�ing attomeys'fees and legal
<br /> e�ses)to perform any act required to be taken by Grantor or to exerdse any right or remady of Lsnder under this Deed of Trust. Upon demand,Gwantor
<br /> shall imnediately reimburse Lender for all such amounts expended by Lender together with iMerest thereon at the lower of the highest rate described in any
<br /> Obligetbn or the highest rate allowed by law from ihe date of payment until 1he date of reimbursement. These sums shall be included in the�flnition of
<br /> ObUgations herein and shail be secured by ihe benefidal irrterest granted herein. If ihe Obligations are paid aiter the beginning of publication of notice of
<br /> sale,as herein provided,or in the evern Lender shall,at its sole option,pemit Grantor to pay any part of the Obligations after the beginning of publication of
<br /> notioe 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 aflomeys'fees to the attomeys for the Trustee and for the Lender,and a reasonable fee to the Trustee,and this Deed of Trust shall be
<br /> securhy 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 exerdsing the power of
<br /> sale and of the sale,indu�ng the paymern of the Trustee's fees actually incurred not to exceed the amount which may be provided for in the Deed of Trust,
<br /> seoond,to paymerrt of ihe obligation secured by the Deed of Trust,third,to the payment of junior deeds of trust, mortgages or other Uenholders,and the
<br /> balarioe,if any,to the person or pe►sons legally errtitled ihereto.
<br /> 23. PO'WER OF ATTORNEY. Grantor herebyappoints Lender as its attomey-in-fact to endorse Grantor's name on all instn�ments and other documems
<br /> pertaining to ihe Obligations or Deed of Trust. In addition, Lender shall be entitled, but not required, to Qerfonn any action or execute any documerrt
<br /> required to be taken or executed by Grantor under this Deed of Trust. Lender'spe rfomiance of such actwn or execution of such cbcumems shall not
<br /> relieve Grantor from any Obligation or cure any defauh under this Deed of Trust. All powers of attomey described in this Deed of Trust are coupied with an
<br /> imerest and are irrevoceble.
<br /> 24. SUBROGATION OF LENDER. Lender shall be suixogated to the rights of ihe holder of any previous lien, security interest or encumbrance
<br /> �schatged wNh funds edvanced by Lender regardless of whether ihese lie�s,security interests or other encumbrances have been released of reoord.
<br /> 26. COLLECTION COSTS. To the e�AerA pem�itted bY law,Grarnor agrees to pay Lender's reasonable fees and costs,induding,but not limited to,fees
<br /> and cosis of attomeys and other agenis (induc�ng whhout limitation paralegals, clerks and consuflards), whether or not such attomey or agent is an
<br /> employee of Lender,whk�h are incuned by Lender in collecting any amount due or enforcing any ri�t or rernedy under this Deed of Trust,whether or not
<br /> suit is brougM,incluc�ng,but not limited to,all fees and costs incurred on appeai,in banlwptcy,and or post-judgment colleclion actions.
<br /> 28. PARTIAL RELEASE. Lender may release its interest in apo rtion of the Property by executing and recording one or more Partial Deeds of
<br /> Reco�veyanoe wfthout affecting fts interest in the remaini�g porlion of the Propehy. Nothing herem shall be deemed to obl�ate Lender to release any of its
<br /> irnerest in the Property(excepl as required under Paragraph 38 or as may be otherwise required by law),nor shall Lender be obligated to release any pert
<br /> of the Properly if Grantor is in defauft under this Deed of trust. The lien and security interest created by the Deed of Trust remain in effect with respeq to
<br /> that portion of ihe property,as deflned in the Deed of Trust,that is not the subject of this or any Partial Deed of Reconveyance
<br /> 27. MODIFICATION AND WAIVER. The modfflcation or waiver of any of Grantor's Ob�igations or Lender's rights under this Deed of Trust must be
<br /> oontained in a wrttfng signed by Lender. Lender may pe�fortn any of Borrowe�'s or Grantor's Obligations,delay or fail to exerase any of its rights or axepl
<br /> payrr�enis trom Gramor or anyone other ihan Granior withoul causing a waiver of those Obligations or rigMs. A waiver on one occaslon shall not constitute
<br /> a waiver on any other occasion. Grarnor's Obligations under ihis Deed of Trust shall not be affected if Lender amends,compromises,excharxles,fails to
<br /> exeroise,impeUs or releases any of the obiigations belonging to any Grarnor, Borrower or thirdparty or any of its rights against any Grarnor,�orrower or
<br /> third party or any of the Property. Lender's failure to insist upon strict performance of any of the Obligations shall not be deerr�ed a waiver and Lender shall
<br /> have the�IgM at arry time thereafter to insist upon sMct perfomiance.
<br /> 28. SUBSTITUTE TRUSTEE;TRUSTEE UABILITY;COMPENSATION. In case of the death,inability,refusal to act or absence of the Trustee from the
<br /> state whete the reat 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 appoim a new trustee in his place and stead,the holder of ihe Obligations is hereby granted full power to appoint in writing a
<br /> substitute trustee for said Tnistee,and the substitute trustee shall,when appointed,become successor to all rights of Trustee hereunder and ihe same shall
<br /> becorne 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 rat be liable for any error of�udgment or act done by Trustee, or be othervvise responsible or accountable under any arcumstances whatsoever.
<br /> Trustee shaB not be personally liable In case of entry by N or anyone acting by virtue of the powers herein granted it upon the Deed of Trust for debts
<br /> comracted or liebility or de�es incurred in the management or operation of said premfses. Trustee shall have the �iQM to rely on any instrument,
<br /> document or signature authoriiing or supporting any action taken or proposed to be taken by it hereunder or believed by tt in good faith to be genuine.
<br /> Trustee ahall be entftled to reimbursement for expenses incurred by it in the perfom�ance of its duties hereunder and to reasonable compensation for such
<br /> of its servicea 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 N hamiess from and against any and all loss,cost,liability,damage and expense whatsoever incurred by it in the perfom�ance of its duties.
<br /> All mo�eys reoeived by Trustee shall,urnil used or applied as herein provided,be held in tnist for thepurposes for which they were received,but need not
<br /> be segregated in any menner from any other moneys (except to the extent required by law)and Trustee shall be under no liability for interest on any
<br /> moneya reoeived by ft hereunder.
<br /> 29. 8UCCESSORS AND ASSIGNS. This Deed of Trust shall be binding upon and inure to the benefit of Grantor and Lender and their respective
<br /> s�aocessors,assigns,in�stees,receivers,administrators,personal representatives,legatees and devisees.
<br /> 90. NOTICE3. Except as otherwise required by law,any notice or other cormxmlcation to be provided under ihis Deed of Trust shail be in writing and sent
<br /> to the pa�iies at the addresses described in ihis Deed of Trust or such other address as ihe parties ma designate in writing ftom time to time. My such
<br /> notice so given and sent bY N►st dass mail,postage prepaid,shall be deemed given the earlier of three�3)days after such notice is sern or when received
<br /> by ihe person to whom such notice is befng given.
<br /> 31. SEVERABIUTY. Whenever possible,each provlsion of ihis Deed of Trust shall be interpreted so as to be effective and vaUd 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 APPUCABLE 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 consettts to the jurisdiction and venue of any court selected by Lender,in its sole discretion,located in that state.
<br /> 33. MISCELLANEOUS. Grarnor and Lender agree that time is of the essence. Grantor waives preserrtment,derrrand for payment,notice of dishonor and
<br /> protest exoept as ired by law. All references to Grantor in ihis Deed of Trust shall include allpersons signing below. If there is more than one Gramor,
<br /> iheir Obligatfons shal�be p' �'rn and several. This Deed of Trust represems the complete iMegrated understanding beriveen Grantor and Lender pertalning to
<br /> the tem�s and conditions hereof.
<br /> 34. NO THIRD PARTY RIGHTS. No person is or shaU be a third party beneficiary of anyprovision of this Deed of Trust. All provisions of ihis Deed of
<br /> T►ust in favar of Lender are irrtended solely for the benefit of Lender,and no third party shall re entitled to assume or expect that Lender wtll not waive or
<br /> oonsent to ihe mocNNcation of any provlsion of this Deed of Trust,in Lender's sole discretion.
<br /> 36. PRESERVATION OF LIABILITY AND PRIORITY. Without affecting the liability of Borrower,Grarrtor,or any guarantor of the Oblipations,or any other
<br /> person(except a person expressly released in writin�)for the payment and performance of the Obligations,and without affecting the r1gMs of Lender wNh
<br /> resped to any P �perty not expressly released in wrtting,and without impainng in any way the priority of this Deed of Trust over the Irnerest of any person
<br /> �or first e� dvi -enced by recording subsequent to the recording of this Deed of Trust,Lender may,either before or after the maturity of the Obligations,
<br /> withoul notice or conserri:release any person liable forpayment or performance of all or any part of the�ligations;make any agreement altering the
<br /> tem�s of payrtierd or perfom�ence of all or any part of the Obligatfons;exercise or refrain from exerasing or waive any rigM or remedy that Lsnder may have
<br /> under the deed a rrust;acoept additional security of any kind for any of the Obligat(ons;or release or otherwise deal with any real or personal property
<br /> secu�ing ihe Obligations. My person aoqui�ing or recording evidence of any interest of any nature in the Property shall be deemed, by acquiring sucfi
<br /> ime►est or reoordng any evfdence thereof,to have consented to aii or any such actions by Lender.
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