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20. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considere g9_�11S�SS
<br /> statement and a fixture filin d and be effective as a financing
<br /> g pursuant to the provisions of the Uniform Corrxnercial Code (as adopted in the state where the real property is located)
<br /> covering fixtures,chattels,and articles of personal property now owned or hereaRer attached to or to be used in connection with the Property together with
<br /> any and all replacements thereof and additions thereto(the"Chariels"),and Gramor hereby grants Lender a security interest in such Chattels. The debtor is
<br /> the 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 prerrises 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 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 financing 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 shall
<br /> make, execute and deliver such security agreements (as such term is defined in said Uniform Conxnercial Code) as Lender at any time may deem
<br /> necessary or proper or required to grant to Lender a pertected security interest in the Chattels,and upon Grantor's failure to do so, Lender is authorized to
<br /> sign any such agreement as the agent of Grantor. Grantor hereby authorizes Lender to file financing statements(as such term is defined in said Uniform
<br /> Corrxnercial Code)with respect to the Chattels,at any time,wfthout 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 statements and for the refiling thereof at the times required,in
<br /> the opinion of Lender,by said Uniform Commeraal Code. If the lien of this Deed of Trust be subject to any security agreement covering the Chattels,then
<br /> in the event of any defauh under ihis Deed of Trust,all the right,title and interest of Grantor in and to any and all of the Chatte�s is hereby assigned to
<br /> Lender, together with the benefit of any deposhs 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 perform any act required to be taken by Grantor or to exerase any right or remedy of Lender under this Deed of Trust. Upon demand,Grantor
<br /> shali irtxnediately reimburse Lender for all such amounts expended by Lender together wRh 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 inciuded 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 event 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 /> 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 sha�f be
<br /> security for all such expenses and fees.
<br /> 22. APPLICATION 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 /> sal�e n�nd o�f the sale,including the payment of the Trustee's fees actually incurred not to exceed the amount which may be provided for in the Deed of Trust,
<br /> paymeM of the obligation secured by the Deed of Trust,third,to ihe payment of junior deeds of trust, mortgages or olher lienholders,and the
<br /> balance,if any,to the person or persons legally entitled ihereto.
<br /> 23. POWER OF ATTORNEY. Grantor herebyappoints 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 Trust. In addition, Lender shall be entitled, but not required, to pertorm any action or execute any document
<br /> required to be taken or executed by Grantor under this Deed of Trust. Lender'spe rtormance u(such action or execution of such documents shall not
<br /> relieve Grantor from any Obligation or cure any defauh 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 /> 24. SUBROGATION 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 encumbrances have been released of record.
<br /> 25. COLLECTION COSTS. To the extent pemrited by law,Grantor agrees to pay Lender's reasonable fees and costs,including,but not limited to,fees
<br /> and costs of attomeys and other agents (includin$ without limitation paralegals, clerks and consultants), whether or not such attorney or agent is an
<br /> employee 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 brought,including,but not limited to,all fees and costs incurred on appea�,in bankruptcy,and for post-judgment collection actions.
<br /> 26. PARTIAL RELEASE. Lender may release its interest In a portion of the Property by executing and recording one or more Partial Deeds of
<br /> Reconveyance without affecting its interest in the remaining portion of the Property. Nothing herein shall be deemed to obl'ga
<br /> interest in the Property(except as required under Paragr�38 or as may be othervvise re uired b law,nor shall Lenderb te Lender to release any of its
<br /> of the Property if Grantor is in default under this Deed of rust. The lien and secur'tty interest created by the Deed of Trust remain neeffectewith especpt 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 this Deed of Trust must be
<br /> aawcontained in a writing signed by Lender. Lender may perform any of Borrower's or Grantor's Obligations,dela or f�il to exercise any of its rights or accept
<br /> aiver on ny o her occasionn Grantor's Oblipations under th sSDeed of Tru tfshall not�be9 atffected if Lender amends,�nrnepr�or�iises,exchan gte`s�,failsUto
<br /> exercise,impairs or releases any of the Obligations belonging to any Grantor, Borcower or third party or any of its rights 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 to insist upon stricl performance.
<br /> 28. SUBSTITUTE TRUSTEE;TRUSTEE UABIUTY;COMPENSATION. In case of the death,inability,refusal to act or absence of the Trustee trom the
<br /> state where the real property is located 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 appoiMed,become suxessor to all rights of Trustee hereunder and the same shall
<br /> become vested in him for the purposes and objecis 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 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 g
<br /> contracted or liability or damages incurred in the mana�ement or operation of said prerrises�Trusteershallrhave the n$ht to elye onf ny instrument
<br /> document or signature authorizing or supporting any action taken or Qroposed to be taken by it hereunder or believed by it ingo od faith to be
<br /> Trustee shall be entitled to reimbursement for expenses incurred by it in the pertormance of its duties hereunder and to reasonable compensation�foer such
<br /> of its services hereunder as shall be rendered. Grarnor will,from time to time,pay compensation due Trustee hereunder and reir�urse Trustee for and
<br /> save and hold it harmless from and against any and all loss,cost,liability,damage and expense whatsoever incurred by it in the pertormance of its duties.
<br /> All moneys received by Trustee shall,until used or applied as hereinprovided,be held in trust for thepurposes for which they were received,but need not
<br /> be segregated in any manner from any other moneys (except to the extent required by law)and Trustee shall be under no liabilhy for interest on any
<br /> moneys received by it hereunder.
<br /> 29. SUCCESSORS AND ASSIGNS. This Deed of Trust shall be bindin$ upon and inure to the benefit of Grantor and 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 corrrrxmication 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 aher 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 /> othervvise,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
<br /> protest except as required by law. All references to Grantor ln this Deed of Trust shall include allpersons signing below. If t�hermeeistmore t�han o�ne G anto�
<br /> Iheir Obligations shall be�'oint and several. This Deed of Trust re�xesents the complete integrated understanding between Grantor and Lender pertaining to
<br />'he terms and conditions hereof.
<br /> 94. 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 />�rust in favor of Lender are intended solely for the benefit of Lender,and no third party shall re entitled to assume or expect that Lender will not waive or
<br />�nsent to the modification of any provision of this Deed of Trust,in Lender's sole discretion.
<br /> t5. PRESERVATION OF LIABIUTY AND PRIORITY. Without affecting the liabilhy of Borcower,Grantor,or any guarantor of the Obligations,or any other
<br />�erson(except a person expressly released in writing)for the paymern and performance of the Obligations,and without affecting the rights of Lender with
<br /> espect to any ProPerty not expressly released in writing,and without i nn in any wa the �y
<br /> icquired or first evidenced by recording subsequern to the recording of th Deed of Trust,Lende�may,rther before�o after thermaturhy of thefObligations,
<br />�nd without notice or consent:release any person liable for payrnent or performance of all or an
<br /> arms of payment orperformance of all or an y part of the Obligations;make any agreement altering the
<br /> inder the Deed of Trust;aecept additional ea�My of ar�y kindtfor any of the�Obligatlo s�oreelease o rotherwisendealhwhh an�yrea Ithat Ler deamay have
<br /> ecuring the Obllgations. Any person acquiring or recording evidence of any irnerest of any nature in the Property shall be deemed, by acqulring�such
<br /> iterest or reoording any evidence ihereof,to have consented to all or any such actions by Lender.
<br /> EDOTD Rev.1297
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