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20. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effective as a finanang
<br /> statement and a fixture filing pursuant to the provisions of 1he Uniform Commercial Code (as adopted in the state where the real property is located)
<br /> covering flxtures,chattels,and artides of personal property now owned or hereafter attached to or to be used in connection with the Property together with
<br /> ariy and all replacements thereof and additions thereto(the"Chattels"),and Grantor hereby granls Lender a security interest in such Chattels. The debtor is
<br /> the Grarnor descritied above. This Deed of Trust will be effective as a financing statement filed as a fixture filing with respect to all fiMures 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(including said fixtures)is situated. This
<br /> Deed of Tnist shall also be effective as a finanang statemerrt covering any other premises and may be filed in any otherappropriate flling or recording
<br /> office. A carbon,photographic or other reproduction of this Deed of Trusi or of any financing statement relating to this Deed of Trust shall be sufficient as a
<br /> finanang 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 security agreements (as such term is defined in said Uniform Corrtineraal Code) as Lender at any time may deem
<br /> necessary or proper or required to grant to Lender a perfected security interest in the Chattels,and upon Grantor's failure to do so,Lender is authorized to
<br /> sign any such agreemeM as the agent of Grarrtor. Grantor hereby authorizes Lender to file finanang statements(as such term is defined in said UnifoRn
<br /> Commercial Code)with respect to the Chattels,at any time,without the signature of Gramor. Grar�tor will,however,at any time upon request of Lender,
<br /> sign such 8nancing statemerrts. Grarnor wlll pay all filing fees for the filing of such flnanang statements and for the refiling thereof at the times required,in
<br /> the opinion of Lender,by said Uniform Corm�eraal Code. If the lien of this Deed of Trust be subject to any security agreement covering the Chattels,then
<br /> in the eveM of any defauft under this Deed of Trust,all the rigM,title and interest of Gramor in and to any and all of the Chariels 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 /> GraMor 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 Grarrtor or to exercise any right or remedy of Lender under this Deed of Trust. Upon demand,Grantor �
<br /> shall immediately 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 paymerrt 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 granted herein. If the Obligations are paid after the beginning of publication of notice of
<br /> sale,as herein provided,or in the eveM Lender shall,at its sole option,permit Grantor to pay any part of the 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 /> induding reasonable attomeys'fees to the attomeys for the Trustee and for the Lender,and a reasonable fee to 1he Trustee,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 trustee's sale,first,to the costs and expenses of exercising the power of
<br /> sale and of the sale,induding thepayment of the Trustee's fees aclually incurced 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 entftled thereio.
<br /> 23. POWER OF A7TORNEY. Grantor herebyappoints Lender as its attomey-in-fact to endorse Grantor's name on all instruments and other documerns
<br /> pertaining to the Obligations or Deed of Trust. In addition, Lender shall be ernitled, but not required,to perform any action or execute any documeM
<br /> required to be taken or executed by Grantor under this Deed of Trust. Lender'spe rformance of such acbon or execution of such documents shall not
<br /> relieve Grantor from any Obligation or cure any default under this Deed of Trust. All pwers of attomey described in this Deed of Trust are coupled with an
<br /> interest 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 encumlxance
<br /> discharged with funds advanced by Lender regardless of whether these liens,security interests or other encumlxances have been released of record.
<br /> 25. COLLECTION COSTS. To the exteM pemitted by law,Grantor agrees to pay Lender's reasonable fees and costs,induding,but not limited to,fees
<br /> and costs of attomeys and other agents (indudin� without limkation 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 amourrt due or enforcing any rigM or remedy under this Deed of Trust,whether or not
<br /> suit is brougM,induding,but no1 Ifmited to,all fees and costs incurred on appeal,in bankruptcy,and for post-judgment collection actions.
<br /> �. PARTIAL RELEASE. Lender may release its interest in a portlon of the Property by executing and recording one or more Partial Deeds of
<br /> Reoorneyance wfthout affecting fts irnerest in the remaining portion of the Property. Nothing herein 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 othervvise required by law),nor shall Lender be obligated to release any part
<br /> of the Property if Grantor is in defauft under thls Deed of trust. The lien and security irrterest 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 rigMs under this Deed of Trust must be
<br /> contained in a writing signed by Lender. Lender may perfonn any of Borrower's or Grarrtor's Obligations,delay or fail to exercise any of its rigMs or axept
<br /> paymeMs from Grantor or anyone other than Grarnor whhout causing a waiver of those Obligations or rigMs. A waiver on one occasion shall not constitute
<br /> a waiver on any oiher oxasion. Grarnor's Obli�ations under this Deed of Trust shall not be affected if Lender amends,compromises,exchanges,fails to
<br /> exercise,irr�pairs or releases any of the Obligations belonging to any Grantor,Borrower or thirdpart y 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 performance of any of the Obligations shall not be deemed a waiver and Lender shall
<br /> have the right at any time thereafter 10 insist upon strict perfomrance.
<br /> 28. SUBSTITUTE TRUSTEE;TRUSTEE LIABIUTY;COMPENSATION. In case of the death,inabiliry,refusal to act or absence of the Tn�stee from the
<br /> state where the real property is located or in case the holder of the Obligatlons 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,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 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 the power,duties and obligations herein conferred on the Trustee. Trustee
<br /> shall not be liable for any eROr of udgment or act done by Trustee, or be otherwise responsible or acxountable under any circumstances whatsoever.
<br /> Trustee shall not be personally li�e in case of eMry by it or anyone acting by virtue of the powers herein granted ii 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�M to rely on any instrument,
<br /> documerrt or signature authorizing or supporting any action taken or proposed to be taken by it hereunder or believed by rt in good faith to be genuine.
<br /> Trustee shall be entitled to reimbursement for expenses incurred by it m the pe�formance of its duties hereunde�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 hamiless 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 herein provided,be held in irust 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 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 benefit of Grantor and I.ender and their respeclive
<br /> sucxessors,assigns,trustees,receivers,administrators,personal representatives,legatees and devisees.
<br /> 30. NOTICES. Except as otherwise required by law,any notice or other cormunication to be provided under this Deed of Trust shall be in wrhing 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 serrt by first class mall,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 /> S1. SEVERABILITY. Whenever possible,each provision of this Deed of Trust shall be i�terpreted 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 Iaws 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. Grarnor and Lender agree that time is of the essence. Grarnor waives presentment,demand for payment,notice of dishonor and
<br /> protest except as required by law. All references to Grarrtor in this Deed of Trust shall include allpersons signing below. If there is more than one Grantor,
<br /> their Obligatfons shall be�'oint and several. This Deed of Trust represents the cornplete integrated understanding beiween Grantor and Lender pertaining to
<br /> the temis and conditions hereof.
<br /> 94. NO THIRD PARTY RIGHTS. No person is or shall be a third party benefiaary of anyprovision of this Deed of Trust. All provisions of thls Deed of
<br /> Trust in favor of Lender are irrtended solely for the benefrt of Lender,and no third party shall re entitled to assume or expect that Lender will not waive or
<br /> consern to the modification of any provision of this Deed of Trust,in Lender's sole discretion.
<br /> 35. PRESERVATION OF LIABILITY AND PRIORITY. Wtthout affecting the liability of Borrower,Grantor,or any guarantor of ihe Obligations,or any other
<br /> person(ex�pt a person expressly released in writing)for the paymeM 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 in any way the priority of this Deed of Trust over the interest of any person
<br /> acquired or first ewdenced by recording subsequent to the recording of this Deed of Trust.Lender may,either before or after the maturity of the Obligations,
<br /> and wfthout notice or consent:release any person liable forpaymeM or performance of all or any part of the Obligations;make any agreement altering the
<br /> temu of paymerrt or�_perfom�ance of all or any part of the Obligations;exerdse or refrain from exerasing or wafve any right or rernedy that Lender may have
<br /> under the Deed of Trusi;axept additional security of any kind for any of the Obligations;or release or otherwise deal with any real or personal property
<br /> securing the Obligations. Any person acquiring or recording evidence of any ir»erest of any nature in the Property shall be deemed, by acquiring sucF�
<br /> irnerest or recording any evidence thereof,to have conserrted to all or any such actions by Lender.
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