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20. SECURITY INTEREST UNDER THE UNIEORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effective as a financing
<br /> statement and a flxture fi�ing pursuaM to the provisions of the Uniform Commercial Code (as adopted in the state where the real property is located)
<br /> covering fixtures,chattels,and artides of personal property now owned or hereafter ariached to or to be used in connection with the Property together with
<br /> any and all replacemems thereof and addiiions thereto(the"Chattels"),and Grantor hereby grants Lender a security inlerest in such Chattels. The debtor is
<br /> the Grantor described above. This Deed of Tnast will be effective as a finanang statement fited as a fixture filing with respect to all fixtures included within
<br /> said premises and is to be flled 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 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 finanang statement relating to this Deed of Trust shall be sufficient 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 shali �
<br /> rrrake, execute and deliver such secunty agreemerrts (as such term is defined in said Uniform Cornmeraal Code) as Lender at any time may deem �
<br /> necessary or proper or required to grant to Lender a perfected securtty interest in the Chattels,and upon Grantor's failure to do so,Lender is authonzed to
<br /> sign any such agreement as the agerrt of Grantor. Grantor hereby authorizes Lender to file finandng statements(as such term is defined in said Uniform � ,,�
<br /> Comnerual Code)wrth respeci to the Chattels,at any time,without the signature of Grantor. Grantor will,however,at any time upon request of Lender, �
<br /> sign such finanang statements. Grarrtor will pay all filing fees for the filing of such financing statemenls and for the refiling thereof at the times required,in
<br /> the opinion of Lender,by said Uniform Commerual Code. If the lien of this Deed of Trust be subject to any sea�rity agreement covering the Chattels,then
<br /> in the event of any default 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 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(including attomeys'fees and legal
<br /> expenses)to perfortn any act required to be taken by Grantor or to exerase any rigM or remedy of Lender under this Deed of Trust. Upon demand,Grantor
<br /> shall irrxnediately reimburse Lender for atl such amounts expended by Lender together with irnerest 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 reimbursemant. These sums shall be included in the definition of
<br /> Obligations herein and shall be secured by the beneficiai interest graMed herein. If the Obiigations are paid after the beginning of publicalion of notice of
<br /> sale,as herein provided,or in the event Lender shall,at its sole option,pemit Grantor to pay any part of the Obligations after the beginrnng of pubiication 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 attomeys for the Trustee and for the Lender,and a reasonable fee to the Trustee,and this Deed of Trust shail 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 paymerrt 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 payment 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,if any,to the person or persons legally ernitled thereto.
<br /> 23. P011VER OF ATTORNEY. Grantor herebyappoints Lender as fts attomey-in-fact to endorse Grantor's name on all instruments and oiher documents
<br /> pertaining to the Obligations or Deed of Trust. In addition, Lender shall be entitled, bui not required,to perform any action or execute any documerrt
<br /> required to be taken or executed by Grantor under this Deed of Trust. Lender's perforrnance 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 powers of attorney described in this Deed of Trust are coupled with an
<br /> interest and are irrevocable.
<br /> d charged w h funds�anced by Lender r�ega dles of wheth�er te se I eh s,nsecurfty inter stsor other enc�uembrances have be�en e eased of eecord. ance
<br /> 25. COLLECTION COSTS. To the extent permitted by law,Grantor agrees to pay Lender's reasonable fees and costs,including,but not limited to,fees
<br /> and costs of ariomeys and other agents (includin�wnhout limitation paralegals, clerks and consultaMs), whether or not such attomey or agent is an
<br /> employee of Lender,which are incurred by Lender m collecting any amount due or enforcing any right or remedy under this Deed of Trust,whether or not
<br /> suit is brought,including,but not limited to,all fees and costs incurred on appeal,in bankruptcy,and for post-judgment collection actions.
<br /> Z6. PARTIAL RE�EASE. Lender may release i1s interest in apo rtion of the Property by executing and recor�ng 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 Property(except as required under Paragraph 38 or as may be othervvise reqwred by law),nor shall Lender be obligated to release any part
<br /> of the Property if Gramor is in default under this Deed of trust. The lien and securrty imerest created by the Deed of Trust remain in effeci 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 l.ender's rights under this Deed of Trust must be
<br /> contained in a writing signed by lsnder. Lender may perform any of Bonower's or Grantor's Obligations,delay or fail to exercise any of its rights or accept
<br /> payments from Grantor or anyone other than Grantor without causmg a waiver of those Obligations or rigMs. A waiver on one occasion shall not constftute
<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 /> exerase,impairs or releases any of the Obligations belonging to any Grantor,Borrower or third party or any of fts rights aga�nst any Grantor,Borrower 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 deemed a waroer and Lender shall
<br /> have the rfght at any time thereatter to insist upon strict perfomrance.
<br /> 28. SUBSTITUTE TRUSTEE;TRUSTEE LIABILITY;COMPENSATION. In case of the death,inabil'rty,refusal to aet or absence of the Trustee from the
<br /> state where the real property is tocated 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 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 the substitute trustee shall,when appointed,become sua:essor to all rights of Trustee hereunder and ihe same shall
<br /> become 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�dgment or act done by Trustee, or be otherwise responsible or axountable under any circumstances whatsoever.
<br /> Trustee shall not be personally Uable in case of entry by it or anyone acting by virtue of the powers herein grarrted it upon the Deed of Trust for debts
<br /> contracted or liability or damages incurred in the management or operation of said premises. Trustee shall have ihe ri$ht to rely on any instrument,
<br /> ood faith to be
<br /> document or signature authorizing or supporling any action taken or Qroposed to be taken by it hereunder or betieved by rt ing genuine.
<br /> Trustee shall be errtitled to reimbursement for expenses incurred by ft in the performance 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 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 ii in the performance of its duties.
<br /> All moneys received by Trustee shall,until used or applied as hereinprovided,be held in trust for the purposes for which they were received,but need not
<br /> be segregated in any manner f�om any other moneys(except to the extent required by law) and Trustee shall be under no liability for interest on any
<br /> moneys receroed by it hereunder.
<br /> 29. SUCCESSORS AND ASSIGNS. This Deed of Trust shall be bindin� upon and inure to the benefit of Grantor and Lender and their respective
<br /> suxessors,assigns,trustees,receNers,administrators,personal representatrves,legatees and devisees.
<br /> 30. NOTICES. Except as othervuise required by law,any notice or other cormunication 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 olher address as the parties ma designate in writing from time to time. Any such
<br /> notice so given and serrt by first dass mail,postage prepaid,shall be deemed given the ea�ier 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. SEVERABIUTY. Whenever possible,each provision of this Oeed of Trust shall be irrterpreted so as to be effective and valid under applicabie state
<br /> law. If any provision of this Deed of T►ust 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,Grarrtor 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 Iaw. All references to Grantor in this Deed of Trust shail include allpersons signing below. If there is more than one Grantor,
<br /> their Obligations shatl be�'oint and several. This Deed of Trust represents the complete integrated undersiandmg between Grantor and Lender pertaining to
<br /> the terms and condhions hereof.
<br /> 34. NO THIRD PARTY RIGHT3. 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 modiflcaiion of any provision of this Deed of Trust,in Lender's sole discretion.
<br /> 35. PRESERVATION OF LIABILITY AND PRIORITY. Without affecting the liability of Borrower,Grantor,or any guarantor of the Obligations,or any other
<br /> person(except a person expressly released in writin�)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 wrttmg,and without impainng in any way the priority of this Deed of Trust over the interest of any person
<br /> acqwred or first evidenced by recording subsequent to the recording of lhis Deed of Trust,Lender may,either before or after ihe maturity of the Obligations,
<br /> and without notice or consenl:release any person liable for ymern or perforrnance of all or any part of the Obligations;make any agreement altering the
<br /> terms of payment orperfomiance of all or any part of the gations;exerase or refrain from exercising or waive any ngM or remedy that Lender may have
<br /> under the Deed of Trust;axept additional security of any kind for any of the Obiigations;or release or othervvise deal with any real or personal rty
<br /> securing the Obligations. Any person acquiring or recordmg evidence of any interesi of any nature in the Property shall be deemed, by acquiring sucFi
<br /> interest or recording any evidence thereof,to have consented io ali or any such actions by Lender.
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