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<br /> 20. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effective as a financing
<br /> statemerrt and a fixture filing pursuarrt to the provisions of the Uniform Cortmeraal 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 /> any and all replacaments thereof and addNions thereto(the"Chattels"),and Grantor hereby grants Lender a security interest in such Chattels. The debtor is
<br /> ihe Grantor described above. This Deed of Trust wlll be effective as a flnancing statement filed as a fixture flling with respect to all fixtures included within
<br /> said premises and is to be flled for record in the real estate rec:ords of each courriy where any part of said premises(including said Nxtures)is situated. This
<br /> Deed of Trust shall also be effective as a flnanang 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 /> finandng statement for any of the purposes referred to in this Paragraph. The secured party is the Lender described above. Upon demand,Grantor shall
<br /> rr�alce, execute and deliver such security agreements (as such term is defined in said Uniform Cormiercial Code) as Lender at any time may deem
<br /> nec.essary or proper or requ(red to grant to Lender a perfected security imerest in the Chattels,and upon Grantor's failure to do so,Lender is authorized to
<br /> sign any such agreement as ihe agent of Grarrtor. Grantor hereby authorizes Lender to file flnandng statemerrts(as such term is defined in said Uniform
<br /> Commercial Code)with respect to the Chattels,at any time,without the signature of Grantor. Gran'tor will,however,at any time upon requesE of Lender,
<br /> slgn such financing statements. Grantor will pay all filing fees for the flling of such financing statemerns and for the refiling thereof at the times required,in
<br /> the opinion of Len�r,by said Uniform Cormieraal Code. If the lien of this Deed of Trust be subject to any security agreement cove�ing the Chattels,then
<br /> in the evern of any default under this Deed of Trust,all the right,title and interest of Grarrtor in and to any and all of the Chaflels is hereby assigned to
<br /> Lender, together with ihe beneNt of any deposfts or paymerris now or hereafter made thereof by GraMor or the predecessors or successors in tftle of
<br /> Grantor in the Property.
<br /> 21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender,at Lsnder's o ion, may expend funds(including ariomeys'fees and legal
<br /> expenses)to perfoRn any act required to be taken by Grantor or to exerase any right or re of Lender under this Deed of Trust. Upon demand,Grantor
<br /> shall imrnediatety reimburse Lender for all such amouMs expended by Lender together with irrterest thereon at the lower of the highest rate described in any
<br /> Obligation or the highest rate allowed by law nom the date of paymem until the date of reimbursemern. These sums shall be included in the definition of
<br /> Obligations herein and shall be secured by the beneficial irrterest$ranted 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,pemit Grantor to pay any part of the Obligations after the beginning of publication of
<br /> notice of sale,as herein provided,then,GraMor shall pay on demand all expenses incurred by the Trustee and Lender in connection with said publication,
<br /> including reasonable attomeys'fees to the ariomeys for the Trustee and for 1he Lender,and a reasonable fee to the Trustee,and this Deed of Trust shall be
<br /> security for all such e�cpenses and fees.
<br /> 22 APPLICATION OF PAYMENTS. The Trustee shall apply the proceeds of the trustee's sale,flrst,to ihe costs and expenses of exercising the power of
<br /> sale and of the sale,induding thepaymerrt 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 obligation secured by the Deed of Trust,third,to the paymern of junior deeds of trust,mortgages or other lienholders,and the
<br /> balance,if any,to the person or persons legally enthled thereio.
<br /> 23. POWER OF ATTORNEY. Grantor hereby�irns Lender as iis attomey-in-fact to endorse Grantor's name on all instruments and other documents
<br /> pertaining to the Obligations or Deed of Trust. n addition, Lender shall be entitled, but not required,to Qerform 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 acUon or execution of such documents shall not
<br /> relieve Gramor from any Obligation or cure any default under this Deed of Trust. All'owers of attomey described in this Deed of Trust are coupled with an
<br /> irnerest and are i►revocable.
<br /> 24. SUBROGATION OF LENDER. Lender shall be subrogated to ihe rights of ihe 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 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,induding,but not limited to,fees
<br /> and costs of attomeys and other agems (indudin� wrthout limitation paralegals, derks and consuftarrts), whether or not such attomey or agem is an
<br /> employ�e of Lender,which are incuRed 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,including,but not limited to,all fees and cosis incurred on appeal,in bankruptcy,and for post-judgment collection actions.
<br /> 26. PARTIAL RELEASE Lender may release hs interest in apo rtion of the Properry by executing and recording one or more Partial Deeds of
<br /> Reconveyance without affecting its irrterest in the remeining portion of the Property. Nothing herein shall be deemed to obligate Lender to release any of its
<br /> irnerest in the Property(excepl as required under Paragraph 38 or as rr�y be otherwise required by law),nor shall Lender be obligated to release any part
<br /> of the Property if Grantor is in default under this Deed of 7rust. The lien and secur�'ty 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 ihe subject of this or any Partial Deed of Reconveyance
<br /> 27. MODIFICATION AND WAIVER. The modification or waiver of any of Grarnor's Obligations or Lender's rights under this Deed of Trust must be
<br /> contained in a writing signed by Lender. Lender may perform any of Borrower's or Grantor's Obligations,delay or fail to exercise any of its rights or accept
<br /> payments from Grarrtor or anyone other than Grarrtor without causing a waiver of those Obligations or rigMs. A waiver on one oxas�on shall not constitute
<br /> a waiver on any other occasion. Grantor's Obligations under this Deed of Trust shall not be affected if Lender amends,compromises,exchanges,fails to
<br /> exercise,impairs or releases any of the ObHgations belonging to any Grarrtor,Borrower or thirdparty 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 Obligatfons shall not be deemed a waiver and Lender shall
<br /> have the rigM at any time ihereafter to insist upon strict performance.
<br /> 28. SUBSTITUTE TRUSTEE;TRUSTEE UABIUTY;COMPENSATION. In case of the death,inability,refusal to act or absence of the Trustee from the
<br /> state where the real properly 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 Obllgations is hereby granted full power to appoirn in writing a
<br /> substitute trustee for sald Trustee,and the substitute trustee shall,when appoirned,beoome 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 thepow er,duties and obligations herein conferred on the Trustee. Trustee
<br /> shall not be liable for any eROr of ludgment or act done by Trustee, or be otherwise responsible or axournable under any circumstances whatsoever.
<br /> Trustee shall not be personally liable in case of entry by ft or anyone acting by virtue of the powers herein granted it upon the Deed of Trust for debts
<br /> contracted or liabilfty or damages incuRed in ihe managemern or operation of safd premises. Trustee shall have the ri�ht to rel on any instrument,
<br /> documeM or signature authorizing or supponing any actfon taken orpropo sed to be taken by it hereunder or believed by rt in faith to be genuine.
<br /> Trustee shall be ernilled to reimbursemern for expenses incurred by it in the perfomiance of its duties hereunder and to reason e compensation for such
<br /> of its services hereunder as shall be rendered. Grarrtor will,from time to time,pay compensation due Trustee hereunder and refmburse Trustee for and
<br /> save and hold ft harMess from and against any and all loss,cost,liability,darnage and expense whatsoever incurred by it in the pertormance of hs duties.
<br /> All moneys received by Trustee shall,until used or appNed as heretnprov)ded,be held in trust for ihepurposes for which they were received,but need not
<br /> be segregated in any menner f�om any other rraneys (excepl to the extent required by Iaw)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 Lender and their respective
<br /> successors,assigns,irustees,receivers,adMnisirators,personal represeMatroes,legatees and devisees.
<br /> 30. NOTICES. Except as otherwise required by law,any notice or other conm�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 grven and sent by first class mail,postage prepatd,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 /> 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 Iaw 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 ihe laws of the state where the real property is located. Unless applicable law provides
<br /> otherwise,Grantor consents to the jurisdiclton and venue of any court selected by Lender,in its sole discretion,locaied in that state.
<br /> 33. MISCELLANEOUS. Grantor and Lender agree that time is of the essence. Grarnor waives preseMmerrt,demand for payment,notice of dishonor and
<br /> �otest except as required law. All references to Grantor in this Deed of Trust shall indude allpersons signing below. If there is more than one Grantor,
<br /> ir Obligations shall be jofnt and several. This Deed of Trust represerns the complete integrated understanding between Gramor 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 benefidary of anyprovision of this Deed of Trust. All provisions of this Deed of
<br /> Trust in favor of Lender are intended solely for the beneflt of Lender,and no third party shall re entitled to assume or expect that Lender will not waive or
<br /> consent to the modiffcation of any provision of this Deed of Trust,in Lender's sole discretion.
<br /> 35. PRESERVATION OF UABILITY AND PRIORITY. Whhout affecting the liability of Borrower,Grantor,or any guarantor of the Obli�ations,or any other
<br /> pe�son(except a person expressly released in wriiing)for the paymern and perfomrance of the Obligations,and wfthout affecting the nghts of Lender with
<br /> respect to any Property not expressly released in writmg,and without impainng in any way the priority of this Deed of Trust over the irnerest of any person
<br /> acqwred or first evidenced by recording subsequent to the recording of this Deed of Trust,Lender may,ehher before or after the maturity of the Obligations,
<br /> and without notice or consent:release any person liable forpaymern or perfomrance of all or any part of the Obligations;make any agreemern aitering the
<br /> terms of payrt�ern or�erformance of all or any part of the Obligations;exeroise or refrain from exerdsing or waive any�igM or remedy that Lender may have
<br /> under the Deed of Trust;accept 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 recor�ng evidence of any iMeresl of any nature in the Property shall be deemed, by acquiring such
<br /> frnerest or recording any evidence thereof,to have conserrted to ell or any such actions by Lender.
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