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, 20. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. �his Deed of Trust shall be considered and be effective as a financing
<br /> statemeru and a fixture filing pursuant to the provisions of the Uniform Cormiercial 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 with
<br /> :any and all replacements thereof and additions thereto(the"Chaflels"),and Grantor hereby grarns Lender a security interest in such Chattels. The debtor is
<br /> tne 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�led for record in the real estate records of each county where any part of said premises(including said fixtures)is situated. This
<br /> Deed of Trust shall also be effective as a financing statement covering any other prerrrses and may be filed in any other appropriate filing or recording
<br /> office. A carbon,photographic or other reproduction of this Deed of Trust or of any financing statement relating to this Deed of Trust shali be sufficient as a
<br /> financing siatement for any of ihe purposes referred to in this Paragraph. The secured party is the Lender described above. Upon demand,Grantor shall
<br /> make, execute and deliver such security agreements (as such term is defined in said Uniform Commercial Code) as Lender at any time may deem
<br /> necessary or proper or required to grant io Lender a perfected security interest in the Chattels,and upon Grantor's failure to do so,Lender is authorized to
<br /> sign any such agreement as the agenl of Graritor. Grantor hereby authorizes Lender to file financing statements(as such term is defined in said Uniform
<br /> Corm�ercial Code)with respect to ihe Chattels,at any time,without the signature of Grantor. Grantor will,however,at any time upon request of Lender, �
<br /> sign such financing statements. Grantor will pay all filing fees for the filing of such financing statemenis and for the refiling thereof at the times required,in �
<br /> the opinion of Lender,by said Uniform Cormiercial Code. If the lien of this Deed of Trust be subject to any security agreement covering the Chattels,then
<br /> in the everrt of any defaufl under this Deed of Trust,all the right,title and interest of Grantor in and to any and all of the Chattels is hereby assigned to 1
<br /> Lender, together with the benefit of any deposits or payments now or hereafter made thereof by Grantor or the predecessors or successors in title of
<br /> Grantor in the Property.
<br /> �
<br /> 21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender, at Lender's option, may expend funds(induding 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,Grantor �
<br /> shall immediately reirntwrse Lender for all such amounts expended by Lender together with interest thereon ai 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 reimbursement. These sums shall be included in the de,finition of
<br /> Obligations herein and shall be secured by the beneficial interest granted herein. If the Obligations are paid after the beginning of publication of notice of �,Q
<br /> sale,as herein provided,or in the event Lender shall,at its sole option,permit Grantor to pay any part of ihe 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 /> including reasonable attomeys'fees to the attorneys 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 aaply the proceeds of the trustee's sale,first,to the costs and expenses of exercising the power of
<br /> sale and of the sale,including the payment of the Trustee's iees actually incurred not to exceed the amount which may be provided for in the Deed of Trust,
<br /> second,to payment of ihe 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 hereby�ints 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 Tnist. n addition, Lender shall be entitled, but not required, to perform any action or execute any document
<br /> uired to be taken or executed b Grantor under this Deed of Trust. Lender's rformance of such action or execution of such documents shall not
<br /> req y
<br /> relieve Grantor f�om any Obligation or cure any default under this Deed of Trust. AI powers of attorney described in this Deed of Trust are coupled with an
<br /> interest and are iRevocable.
<br /> 24. 3UBROGATION 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 liens,security interests or other encurribrances have been released of record.
<br /> 25. COLLECTION COSTS. To ihe extent permitted by law,Grantor agrees to pay Lender's reasonable fees and costs,including,but not limited to,fees
<br /> and cosis of attomeys and other agents (includin� wrthout limitation paralegals, clerks and consultants), whether or not such attomey or agent is an
<br /> employ�e of Lender,which are incurred by Lender in collecting any amoum due or enforcing any right or remedy under this Deed of Trust,whether or not
<br /> swt 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 apo rtion of the Property by executing and recording one or more Partial Deeds of
<br /> Reconveyance without affecting its interest m the remaining portion of the Property. Nothing herein shall be deemed to obligate Lender to release any of its
<br /> interest in the Propehy(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 is in defauft under this Deed of 7rust. The lien and security interest created by ihe Deed of Trust remain in effect with respect to
<br /> that portion of the property,as defined in the Deed of Trust,that is not ihe subject of this or any Partial Deed of Reconveyance
<br /> 27. MODIFICATlON 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 BoROwer's or Grantor's Obligations,delay or fail to exercise any of its rights or accepi
<br /> payments from Grantor or anyone other than Grantor without causing a waiver of those Obligations or rigMs. A waiver on one occasion shall not constitute
<br /> a waiver on any other occasion. Grantor's Obli�ations under this Deed of Trust shall not be affected if Lender amends,compromises,exchanges,fails to
<br /> exercise,impairs or releases any of ihe Obligations belonging to any Grantor, Borrower or third party or any of its rigMs against any Grantor, Borrower or
<br /> third party or any of the Property. Lender's failure to insist upon strict perfomiance of any of the Obligations shall not be deemed a waiver and Lender shail
<br /> have the nght at any iime thereafler to insist upon strict performance.
<br /> 28. SUBSTITUTE TRUSTEE;TRUSTEE LIABILITY;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 ihe Obligations shall desire for any reason to remove the Trustee or any substitute trustee as
<br /> irustee 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 writing a
<br /> substitute trustee for said Trustee,and ihe substitute trustee shall,when appointed,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 ihe power,duties and obligations herein conferred on the Trustee. Trustee
<br /> shall not be liable for any error of�udgment or act done by Trustee, or be otherwise responsible or accountable under any circumstances whatsoever.
<br /> Trustee shall not be personally liable in case of eniry by it or anyone acting by virtue of the powers herein granted it upon the Deed of Trust for debts
<br /> contracted or liability or dama�es incurred in the mana�ement or operation of said premises. Trustee shall have the ri�ht to rely on any instrument,
<br /> documer�or signature authorizing or supporting any action taken or Qroposed to be taken by it hereunder or believed by it in good faith to be genuine.
<br /> Trustee shall be entitled to reimbursement for expenses incurred by it tn the performance of its duties hereunder and to reasonable compensation for such
<br /> of its services hereunder as shall be rendered. Grantor will,ftom 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 hereinprovided,be held in irust for the purposes for which they were received,but need not
<br /> be segregated in any manner from any other moneys(except to tF�e extent required by law) and Trustee shail 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 corrxnunication to be provided under this Deed of Trust shall be in writing and sent
<br /> to the parties at the addresses described in 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 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
<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 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 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 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 and
<br /> protest except as required by law. All references to Grantor in this Deed of Trust shall include allpe rsons signing below. If there is more than one Grantor,
<br /> their Obligations shall be�'oint and several. This Deed of Trust represents the complete integrated understanding between Grantor and Lender pertaining to
<br /> ihe 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 or
<br /> consent to the modification of any provision of this Deed of Trust,in Lender's sole discretion.
<br /> 35. PRESERVATION OF IJABIUTY AND PRIORITY. Without affecting ihe liability of Borrower,Grantor,or any guarantor of the Obligations,or any other
<br /> person(except a person expressly released in writing)for the payment and performance of the Obligations,and without affecting the rights of Lender with
<br /> respect to any Property not expressly released in writing,and without impainng m any way the priority of this Deed of Trust over the interest of any person
<br /> acqwred or flrst ewdenced by recording subsequent to the recording of this Deed of Trust,Lender may,either before or aRer the maturity of the Obligations,
<br /> and without notice or consent:release any person liable forpayment or performance of all or any part of the Obligations;make any agreement altering the
<br /> terms of paymern orperforrrmnce of all or any part of the Obligations;exerGSe or refrain from exerasmg or waive any right or remedy that Lender may have
<br /> under the Deed of Trust;accept additional security of any kind for any of the Obligations;or release or othervvise deal with any real or personal property
<br /> securing the Obligations. Any person acquiring or recording evidence of any interest of any nature in the Property shall be deemed, by acquiring such
<br /> interest or recording any evidence thereof,to have consented to all or any such actions by Lender.
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