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20. SECVRITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effective as a financing
<br /> rsuant to
<br /> t h e ovisions of the Uniform Corrxnercial Code (as adopted in the state where the real properry is located)
<br /> ' ure filin Pr t ther wNh
<br /> statemern and a 6xt 9 P� ed in connection with the Property oge
<br /> cbvering flxtures,chattels,and articles of personai property now owned or hereafter attached to or to be us
<br /> any and ail replacemeMs thereof and additions thereto(the"Chattels"),and Grantor hereby grants Lender a security interest in such Chattels. The debtor is ,
<br /> the Grarrtor described above. This Deed of Trust will be effective as a financing statement filed as a flxture filing with respect to all fixtures included within
<br /> said premises and is to be filed for record in 1he real estate records of each county where any part of said premises(including said fixtures)is situated. This
<br /> Deed of Trust shall also Ke effective as a finanang statemern covering any other premises 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 shall be sufficient as a
<br /> flnanang statement for any of ihe purposes referred to in this Paragraph. The secured party is the Lender described above. Upon demand,Grarnor shall ��
<br /> make, execute and deliver such security a9reements (as such term is defined in said Uniform Corrxr�ercial Code) as Lender at any time may deem
<br /> necessary or proper or required to grant to lsnder a perfecled security interest in the Chattels,and upon Grantor's failure to do so,Lender is authonzed to �
<br /> sign any such agreement as the agent of Grantor. Grantor hereby authorizes Lender to file flnancing statements(as such term is defined in said Uniform �
<br /> CorTme�dal Code)with respect to the Chattels,at any time,wilhout the signature of Grarrtor. Grantor wiil,however,at any time upon request of Lender, �
<br /> sign such finandng statements. Grantor will pay all filing fees for the filing of such finanang statemersis and for the refiling thereof at the times required,in
<br /> the opinion of Lender,by said Uniform Comrneraal Code. If the lien of ihis Deed of Trust be subject to any security agreemerrt covering the Chattels,ihen
<br /> in the event of any defauft under this Deed of Trust,all the right,title and interest of Grarrtor in and to any and all of the Chariels is hereby assigned to �
<br /> Lender,together wRh 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 /> 21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender,at Lender's option,may expend funds(induding attomeys'fees and legal
<br /> expenses)to perform any act required to be taken by Gramor or to exercise any right or remedy of Lender under this Deed of Trust. Upon demand,Grantor
<br /> shall irrrnedately reimburse Lender for all such amounts expended by Lender together with interest thereon at 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 definition of
<br /> Obligations herein and shall be secured by the beneficial interest grarned herein. If the Obligations are paid aiter the beginning of publication of notice of
<br /> sale,as herein provided,or in ihe everrt l.ender shall,at its sole option,pemrt Grarnor to pay any part of the Obligations after the beginning of publication of
<br /> notice of sale,as herein provided,then,Grarrtor shall pay on demand all expenses incurred by the Trustee and Lender in connection with said publication,
<br /> including reasonable ariomeys'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 /> security for all such expenses and fees.
<br /> 22 APPLICATION OF PAYMENTS. The Trustee shall�y the proceeds of the trustee's sale,first,to the costs and expenses of exercising the power of
<br /> sale and of the sale,induding the payment of the Trustee's ees actually incurred not to exceed the amount which may be provided for in the Deed of Trust,
<br /> second,to paymerrt of the obligation secured by the Deed of Trust,third,to the payment of junior deeds of trust,mortgages or other lienholders,and the
<br /> balance,lf any,to the person or persons legally entitled thereto.
<br /> 23. POWER OF ATTORNEY. Grantor hereby appOints Lender as its attomey-in-fact to endorse Grantor's name on all instruments and other documerrts
<br /> pertaining to the Obligations or Deed of Trust. In addilion, Lender shall be eMitled, but not required, to perform any action or execute any document
<br /> required to be taken or executed by Grarnor under this Deed of Trust. Lender'spe rfomiance of such action or executwn of such documents shall not
<br /> relieve Grarnor from any Obligation or cure any default under this Deed of Trust. All powers of attomey described in this Deed of Trust are coupled with an
<br /> interest and are irrevocable.
<br /> 2A. SUBROGATION OF LENDER. Lender shall be subrogated to the rights of the holder of any previous lien, security irnerest or encumbrance
<br /> discharged with funds advanced by Lender regardless of whether these liens,security interests or other encumbrances have been released of record.
<br /> 2S. COLLECTION COSTS. To the extent pemrtted by law,Grantor agrees to pay Lender's reasonable fees and cosis,including,but not limited to,fees
<br /> and costs of attomeys and other ageMs (includin�wtthout Iimitation paralegals, clerks and consuhams), whether or not such attomey or agent is an
<br /> employ 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 not
<br /> suit is brougM,induding,but not limited to,all fees and costs incuned on appeal,in ban{wptcy,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 /> Recorneyance wNhout affecting its irnerest in the remaining portion of the Property. Nothing herem shall be deemed to obligate Lender to release any of its
<br /> interest in the Properry(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 Gramor is in defauft under this Deed of trust. The lien and security interest created by the 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 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 ihis Deed of Trust rrwst be
<br /> c�ntained f�a writing sfgned by Lender. Lender may perform any of Borrower's or Grantor's Obligations,delay or fail to exercise any of its rigMs or accept
<br /> payments(rom C3ramor or anyone other than Grantor wilhout causing a waiver of those Obligations or ri9Ms. A waiver on one occasion shall not constitute
<br /> a waiver on any other occasion. Grantor's Obli�ations under this Deed of Trust shaN nW be affected if Lender amends,compromiaes,exchanges,fails to
<br /> exerc(se,impairs or releases any of ihe Obligations belonging to any Grantor, Borrower or ihirdpa rty or any of its rights againsl any Grantor,Bonower or
<br /> third paAy or any of the Property. Lender's failure to insist upon strict performance of any of the Obligations shall not be deemed a warver and Lender shall
<br /> have ihe right at any time thereafter to insist upon strict performance.
<br /> 28. 8UBSTITUTE 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 the ObUgations shall desire for any reason to remove the Trustee or any substitute trustee as
<br /> trustee hereunder and to appoirn a new trustee in his place and stead,ihe holder of the Obligations is hereby gramed full power to appoint in writing a
<br /> substNute trustee for said Trustee,and the substitute trustee shall,when appointed,become successor to all rigMs of Trustee hereunder and the same shall
<br /> becorr�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 not be liable for any error of judgment or act done by Trustee, or be othervvise responsible or axountable under any circumstances whatsoever.
<br /> Trustee shall not be personally liable in case of emry by it or anyone acting by virtue of the powers herein granted it upon the Deed of Trust for debts
<br /> contracted or liabiliry or damages incurred in the mana�ement or operation of said premises. Trustee shall have the ri�ht to rely on any instrument,
<br /> documeM or signature authorizing or supporting any action taken or�xoposed to be taken by it hereunder or believed by rt ingoo d faith to be genuine.
<br /> Trustee shall be ent�led to reimbursemern for expenses incurred by ft m the perfomiance of its duties hereunder and to reasonable compensation for such
<br /> of its services hereunder as shall be rendered. Grantor will,from time to time,pay compensation due Trustee hereunder and reirnburse Trustee for and
<br /> save and hold it ham�less from and against any and all loss,cost,liabilily,damage and expense whatsoever incurred by it in the performance of its duties.
<br /> All moneys received by Trustee shall,uniil used or applied as hereinprovided,be held in trust for thepurposes for which ihey 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 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 bindin$ upon and inure to the beneflt of Grantor and Lsnder and their respective
<br /> suxessors,assigns,irustees,receivers,administrators,personal representatives,legatees and devisees.
<br /> 30. NOTICES. Except as otherwise required by law,any notice or other corrrrx�nication 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 parlies ma designate in writing from time to time. Any such
<br /> notice so glven and sent bv first dass mail,postage prepaid,shall be deemed given the earlier of three�3)days after such notice is serrt or when received
<br /> by ihe person to whom such notice is being given.
<br /> 31. SEVERABIUTY. 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 ihe 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 provi�s
<br /> othervuise,GraMor conserns 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 ihe essence. Grantor waives presentment,demand for paymenl,notice of dishonor and
<br /> protest except asreq uired by law. All�eferences to Grantor in this Deed of Trust shall include allpersons signing below. If there is more than one Grantor,
<br /> their Obligations shall be p' int and several. This Deed of Trust represenis the complete integrated understanding between Grantor and Lender pertaining to
<br /> the terms and conditions hereof.
<br /> 34. NO THIRD PARTY RIGHTS. No person is or shall be a third party beneficiary of anyprovision of this Deed of Trust. All provisions of this Deed of
<br /> Trust in favor of Lender are iMended 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 LIABILITY AND PRIORITY. Wrthout affecting the liability of Bonower,Gramor,or any guaramor 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 nghts of Lender whh
<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 /> acquired or first evidenced by recording subsequern to the recording of this Deed of Trust,Lender may,either before or after 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 agreemern aitering the
<br /> temis of payment orperformance of all or any part of the Obligations;exercise or refrain from exerasing or waive any right or remedy that Lender may have
<br /> under the Deed of Trust;axept additional security of any Idnd for any of the Obligations;or release or othervvise deal with any real or personal property
<br /> securing the Obligations. My person acquiring or recordmg evidenw of any interest of any nature in the Property shall be deemed, by acquiring sucfi
<br /> irrietest or recording any evldence thereof,to have consented to all or any such actions by Lender.
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