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<br /> 20. SECUR171f INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effective as a financing
<br /> statemerd and a fixture filing pursuant to the provisions of the Unlform Commercial Code (as adopted in the state where the real property is located)
<br /> covering fixtures,chatteis,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 replacemerrts thereof and additions thereto(the"Chattels"),and Grantor hereby grants Lender a security irnerest in such Chariels. The debtor is
<br /> the Grantor described above. This Deed of Trust will be effective as a flnancing statement filed as a flxture flling with respect to all flxtures included within
<br /> said premfses and is to be flled for record in the real estate records of each courny where any part of sald premises(induding safd fixtures)Is situated. This
<br /> Deed of Trust shatl also be effectNe as a Nnanang statement covering any other premises and may be filed in any other appropriate flling or recording
<br /> oHice. A carbon,photographfc 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 /> finanang statemerrt for any of the purposes referred to in this Paragraph. The secured party is the Lender described above. Upon demand,GraMor shall
<br /> make, execute and deliver such security agreemeMs (as such term is defined in said Unifortn Corrmerdal Code) as Lender at any time may deem
<br /> necessary or proper or required to grant to Lender a perfecled secu�ity 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 Grarrtor. Grantor hereby authorizes Lender to file flnandng stalemerns(as such term fs defined in said Uniform
<br /> Comneraai Code)with 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 statemems. Grantor will pay all filing fees for the filing of such finandng statements and for the refiling thereof at the times required,in
<br /> the opnion of Lender,by said Uniform Cormiercial Code. If ihe Ilen of this Deed of Trust be subject to any security agreemerrt covering the Chattels,then
<br /> in the eveM of any defauR under this Deed of Trust,all the rigM,title and(nterest 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 suocessors in title of
<br /> Grantor 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 perfoRn any act required to be taken by Grantor or to exerdse any right or remedy of Lender under this Deed of Trust. Upon demand,Grantor
<br /> shall irmiediately reimburse Lender for all such amourns expended by Lender together whh 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 urnil the date of reimbursement. These sums shall be induded in the definiiion of
<br /> Obligatfons herein and shall be secured by the benefidal irrterest graMed herein. If the ObligaUons are paid aRer the beginning of publication of notice of
<br /> sale,as herein provided,or in the evern Lender shall,at its sole option,pemit Grantor to pay any pert 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 ihe Lender,and a reasonable fee io the Trustee,and this Deed of Trust shall 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 /> sale and of ihe sale,induding the payment of the Trustee's fees actually incurred not to exceed the amount which may be provided for in ihe 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 errtitled thereto.
<br /> 23. POWER OF ATTORNEY. Grarrtor hereby appoints Lender as its attomey-in-fact to endorse Grarrtor's name on all instruments and other documents
<br /> pertaining to the Obligations or Deed of Trust. In addition, Lender shall be errtitled, but not required, to perform any action or execute any document
<br /> reqwred to be taken or executed by Grantor under this Deed of Trust. Lender'spe rformanw of such aclion or execution of such documerrts shall not
<br /> relieve Grarnor from any Obligation or cure any default 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 sulxogated to the rigMs of the holder of any previous lien, security interest or encumlxance
<br /> discharged with funds advanoed by Lender regardless of whether these liens,security imerests or other encumbrances have been released of record.
<br /> 25. COLLECTION COSTS. To the exteM pemrtted by law,Grarrtor agrees to pay Lender's reasonable fees and costs,induding,but not limited to,fees
<br /> and costs of attomeys and other agerrts (induding wrthout limitation paralegals, derks and consultants), 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 enforang any rigM or rert�edy under this Deed of Trust,whether or not
<br /> suit is brougM,induding,but not I(mited to,all fees and costs incurred on appeal,in banlwptcy,and for post-judgmerrt collection actions.
<br /> Ze. PARTIAL RELEASE. Lender may release its irnerest in apo rtion of the Property by executing and recording one or more Partial Deeds of
<br /> Reconveyance without affecting its iMerest in the remeining portion of the Property. Nothing herein shall be deemed to obligate Lender to release any of its
<br /> interest in the Property(exoept as required under Parag�38 or as may be otherwise required by law),nor shall Lender be obligated to release any part
<br /> of the Properry if Grantor is in default under this Deed of rust. The Ifen and secur'rty iMerest created by the Deed of Trust remain in effect with respect to
<br /> that portion of the property,as deflned in the Deed of Trust,that is not the subject of this or any Partial Deed of Reconveyance
<br /> 27. MODIFICA710N AND WAIVER. The modificatfon or wafver of any of Grantor's Obligations or Lender's rigMs under this Deed of Trust must be
<br /> cornained 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 /> paymerrts from Grarrtor or anyone other than Grarrtor wNhout causing a waiver of those Obligations or rigMs. A waiver on one occasion shall not consthute
<br /> a waiver on any other occasion. Grantor's Obli�ations under this Deed of Trust shall not be affected if Lender amends,comproMses,exchanges,fails to
<br /> exe�dse,impairs or releases any of the Obligat�ons belonging to any Grantor,Borrower or third party or any of its rights against any Grantor,Bonower or
<br /> third party or any of the Property. Lender's fallure to insist upon strict perfomiance of any of the Obligations shall not be deemed a waiver and Lender shall
<br /> have the rigM at any time thereafter to insist upon stricl perfomiance.
<br /> 28. SUBSTITUTE TRUSTEE;TRUSTEE LIABIUTY;COMPENSATION. In case of the death,inability,refusal to act or absence of the Trustee from 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 appoirrt a new trustee in his place and stead,the holder of the Obligations is hereby granted full power to appoint in writing a
<br /> subsikute trusiee for safd Trustee,and the substitute trustee shall,when appointed,become sucoessor 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 axountable under any arcumstances whatsoever.
<br /> Trustee shall not be personally li�e in case of errtry by it or anyone acting by virtue of the powers herein granted k upon the Deed of Trust for debts
<br /> contracted or liability or damaqes incurred in the mana�emerrt or operation of said premises: Trustee shall have the ri$ht to rely on any instrument,
<br /> documern or signature authorizing or supporting any action taken or proposed to be taken by tt hereunder or believed by tt ingo od faith to be genuine.
<br /> Trustee shall be errtitled to reimbursement for expenses incurred by it in the perfomiance of its duties hereunder and to reasonable compensation for such
<br /> of its services hereunder as shall be rendered. Grantor will,from time to time,pay compensation due Trustee hereunder and reimburse Trustee for and
<br /> save and hold it hamiless(rom and against any and all loss,cost,liability,damage and expense whatsoever incurred by it in the perfomiance of its duties.
<br /> All moneys received by Trustee shall,urrtil used or applied as herein provided,be held in trust for thepurposes for which they were received,but need not
<br /> be segregated in any manner from any other moneys(except to tf�e extent required by law) and Trustee shall be under no liability for interest on any
<br /> moneys receNed by it hereunder.
<br /> 29. SUCCESSORS AND ASSIGNS. This Deed of Trust shall be bindin$ upon and inure to the benePtt of Grantor and Lender and their respective
<br /> suxessors,assigns,trustees,receivers,administrators,personal representatives,legatees and devisees.
<br /> 30. NOTICES. Except as otherwise required by Iaw,any notice or other corrmmication 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 iime to time. My such
<br /> notice so grven and seM by first class mail,posiage prepald,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 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,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 presernment,demand for payment,notice of dishonor and
<br /> protest except as required by law. All references to Grarrior in this Deed of Trust shall include allpersons signing below. If there is rrpre than one Grantor,
<br /> their Obligat(ons shall be p' irn and several. This Deed of Trust represerns the complete irnegrated understanding between Grantor and Lender pertaining to
<br /> ihe terms and condftions 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 re entitled to assume or expect that Lender will not waive or
<br /> consent to the modification 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 Bonower,Grarnor,or any guarantor of the Obligations,or any other
<br /> person(except a person expressly released in writing)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 wrking,and without impair�ng in any way the priority of this Deed of Trust over the interest of any person
<br /> acquired or flrst ev�denced by recording subsequent to the recording of this Deed of Trust,Lender may,either before or after the maturity of the Obl�gations,
<br /> and without notice or consent:release any person liable fo�r� paymant or perfomiance of all or any part of the Obligations;make any agreemern altering the
<br /> terms of paymam orperfom�ance of alt or any parl of the Obligations;exeruse or refrain from exercising or waive any rigM or rernedy that Lender may have
<br /> under the Deed of Trust;axept additional securiry of any Idnd for any of the Obligations;or release or otherwise deal with any real or personal property
<br /> securing the Obligations. My person arquiring or reco�ng evidence of any irrterest of any nature in the Property shall be deemed, by acquiring sucf�
<br /> interest or recording any evidence thereof,to have consented to all or any such actions by Lender.
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