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20. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL+CODE. Trhis Deed of Trust shall be considered and be effective as a financing
<br /> staftemer►t and a flxture filing pursuant to the provisions of the Unifortn 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 with
<br /> any and all replacements thereof and additions thereto(the"Chattels"),and Grantor hereby grants Lender a security interest in such Chattels. The debtor is
<br /> the Grarnor descxibed above. Thls Deed of Trust will be effective as a financing statement filed as a fixture filing with respect to all�ixtures induded within
<br /> said prernises and is to be filed for record in the real estate records of each county where any part of said premises(including said flxtures)is situated. This
<br /> Deed of Trust shall aiso be effective as a finandng stateme�t cove�ing any other premises and may be filed in any other appropriate flling or recording
<br /> offic:e. A carbon,photographic or other reproduction of this Deed of Trust or of any financing statement relating to this Deed of Trust shall be sufficiertt as a
<br /> financing statement for any of ihe purposes referred to in this Paragraph. The secured party is ihe Lender descrfbed above. Upon demand,Grantor shall
<br /> make, execute and deliver such securiry agreements (as such term is defined in said Uniform Cormiercial Code) as Lender at any time may deem
<br /> neoessary or proper or required to grant to Lender a perfected secu�ty interest in the Chariels,and upon Grantor's failure to do so,Lender is authorized to
<br /> sign any such agreemern as the agent of Grarnor. Grantor hereby authorizes Lender to file financing statements(as such term is defined in said Uniform
<br /> Cormierciai Code)wiih respect to the 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 statemerns 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 defauft 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
<br /> Lender,together with the beneflt of any deposits or payments now or hereafter made thereof by Grantor or the predecessors or successors in title of
<br /> Grernor in the Property.
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<br /> 21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender,at Lender's option,rrmy expend funds(including attomeys'fees and legal �
<br /> expenses)to pertorm 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 irtxnediately reimburse Lender for all such amounts expended by Lender together with interest ihereon at the lower of the highest rate described in any
<br /> Obligation or the highest rate allowed by law from the date of payment urnil ihe date of reimbursement. These sums shall be included in ihe de�nition of
<br /> Obligations herein and shall be secured by the benefiaal interest granted herein. If ihe Obligations are paid afler the beginning of publication of notice of �
<br /> sale,as herein provided,or in the event Lender shall,at its sole option,pemrt Grarnor to pay any part of the Obligations aiter 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 /> induding reasonable atlomeys'fees to the attomeys for ihe Trustee and for the lender,and a reasonable fee to the Trusiee,and this Deed of Trust shall be �
<br /> security for all such expenses and fees. �
<br /> 22 APPUCATION OF PAYMENTS. The Trustee shall apply the proceeds of the trusiee's sale,flrst,to the costs and expenses of exercising the power of �
<br /> sale and of the sale,including the payment of the Trustee's fees actually incurred not to exceed the amourn which may be provided for in the Deed of Trust,
<br /> second,to payment of the obligatwn secured by the Deed of Trust,third,to the payment of junior deeds of trust, mortgages or oiher lienholders,and the
<br /> balance,if any,to ihe person or persons legally entflled ihereto.
<br /> 23. POWER OF A7TORNEY. Grantor hereby appoints Lender as its anomey-in-fact to endorse Grarnor's name on all instruments and other documents
<br /> pertaining to ihe Obligations or Deed of Trust. In addition, Lender shall be eniNled, but not required, to perform any action or execute any document
<br /> required to be taken or executed by Grantor under this Deed of Trust. Lender'spe rformance of such action or execution of such documents shall not
<br /> relieve Grantor from any Obligation or cure any defauft under this Deed of Trust. All'owers of attomey described in this Deed of Tnist are coupled with an
<br /> interesl 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 /> �ischarged with tunds advanced by Lender regardless of whether ihese liens,security interests or other encumbrances have been released of record.
<br /> 25. COLLECTION COSTS. To the exteM pemrtted 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�wdhout limitation paralegals, clerks and consuNants), whether or not such attomey or agent is an
<br /> employ�e 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,including,but not limited to,all fees and costs incurred on appeal,in bankrupicy,and for post-judgment collection actions.
<br /> 28. PARTIAL RELEASE. Lender may release its interest in apo rtion of the Property by executing and recording one or more Parlial Deeds of
<br /> Reconveyance without affecting its iMerest in the remaining portion of the Property. Nothing herem shall be deemed to obligate Lender to release any of its
<br /> interest fn the Property(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'Crust. The lien and security interest created by the Deed of Trust remain in effect with respect 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. MODIFlCATION AND WAIVER. The modification or waiver of any of Grarnor's Obligations or Lender's righis under this Deed of Tnist must be
<br /> corrtained in a writing signed by Lender. Lender may perfoRn any of BoROwer's or Grarnor's Obligations,delay or fail to exercise any of its rigMs or accept
<br /> paymenis from Gramor 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. Grarnor's Obliaations under this Deed of Trust shall not be affected if Lender amends,compromises,exchanges,fails to
<br /> exercise,imp�irs o�releases any of the Obligations belonging to any Grantor,Borrower or thirdparty or any of its rights against any Grantor,Borrower or
<br /> third party or any of the Properry. Lender's failure to insist upon strict perfom�ance of any of the Obligations shall not be deemed a waiver and Lender shall
<br /> have the right at any time thereaiter 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 lacated 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 appoint a new trustee(n his place and stead,the holder of the Obligations is hereby granted full power to appoim in writing a
<br /> substitute trustee for said Trustee,and the substitute trustee shall,when appointed,become successor to all rights of Trustee hereunder and the same shall
<br /> become vested in him for ihe 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�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 entry by it or anyone acting by virtue of the powers hereingranted it upon ihe Deed of Trust for debts
<br /> contracted or liability or dama�s incuRed in the mana�ement or operation of said premises. Trustee shall have the right to rel on any instrument,
<br /> document or si�ature authoriz ng or supporting any action taken or proposed to be taken by it hereunder or believed by it in faith to be genuine.
<br /> Trustee shaii be entitled to reimbursemerrt for expenses incurred by it in the performance of its duties hereunder and to reason e compensation for such
<br /> of its services 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 it harmiess 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 appfled as herein provided,be held in trust for thepurposes for which they were received,but need not
<br /> be segregated in any manner from any other moneys(except to the extent required by law) and Trustee shall be under no liability for irnerest on any
<br /> moneys receNed by it hereunder.
<br /> 29. SUCCESSORS AND ASSIGNS. This Deed of Trust shall be bindin� upon and inure to the bene�t of Grantor and Lender and their respective
<br /> suxessors,assigns,trustees,receivers,administrators,personal represerrtatives,legatees and devisees.
<br /> 30. NOTICES. Exoept es othervvise required by law,any notice or other communication 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 /> noUce so given and sern bY Nrst dass mail,postage prepaid,shall be deemed given the earlier of three�3)days after such notice is serrt or when received
<br /> by the person to whom such notice is being groen.
<br /> 31. SEVERABILITY. Whenever possible,each provision of this Deed of Trust shall be irnerpreted 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,ihe 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 applicab�e law provides
<br /> otherwise,Grarnor consenis to the jurisdiction and venue of any court selected by Lender,in its sole discretion,located in that state.
<br /> 33. NqSCELLANEOUS. Grantor and Lender agree that time is of the essence. Grantor waives presentment,demand for paymerrt,notice of dishonor and
<br /> protest ex�t as required by law. All references to Grarnor in this Deed of Trust shall indude allpersons signing below. If there is more than one Grantor,
<br /> their Obligat(ons shall be p' iM and several. This Deed of Trust represents the cornplete integrated understanding between Grantor and Lender pertaining to
<br /> the tem�s and conditions hereof.
<br /> 34. NO THIRD PARTY RIGHTS. No person is or shall be a third party benefiaary of anyprovision of this Deed of Trust. All provisions of this Deed of
<br /> Trust in favor of Lender are irrtended solely for the benefit of Lender,and no third party shall Ye ernitled to assume or expect thai Lender will not waive or
<br /> consern to the modiflcation of any provision of this Oeed of Tnist,in Lender's sole discretion.
<br /> 36. PRESERVATION OF LIABILITY AND PRIORITY. Without affecting the Bability of Borrower,Grantor,or any guarantor of the Obligations,or any other
<br /> person(except a persor►expressly released in writin�)for the payment andperfomrance of the Obligations,and wiihout affecting the rigMs of Lender with
<br /> respect to any ProPehy not expressly released in writ(ng,and without impairing in any way the priority of this Deed of Trust over the irnerest of any person
<br /> aoquired or flrst evidenced by record�ng subsequern�01he recording of this Deed of Trust,Lender may,either before or aRer the maturfty of the Obligations,
<br /> and without notk;e or consent:release any person Uable forpaymern or performance of all or any part of the Obligations;make any agreement altering the
<br /> tem�s oi paymern orperfom�ence of all or any part of the Obligations;exercise or retrain from exerdsing ot watve any or remedy that Lender may have
<br /> under the Deed of Trust;axept adc�tional securrty of any Wnd for any of the Obiigations;or release or othervvise�wfth any real or personal property
<br /> securing ihe Obflgations. Any person acx�uiring or recor�ng evidence of any interest of any nature in the Property shall be deemed, by acquiring sucf�
<br /> interest or�ng any evfdence thereof,to have conseMed to ail or any such actions by Lender.
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