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� , 99 106565
<br /> 20. 8ECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effective as a financing
<br /> � atatert�aM and a Hxture filing pursuarrt to the provisions of the Uniform Corrnieraal Code (as adopted in the state where the real property is located)
<br /> oove►ing fixtures,d�attels,and articles of personal property n�v owned or hereafter attached to or to be used in connection with the Property together with
<br /> arry and all replaoemerda thereof and additions thereto(the"Chattels'�,and Grantor hereby grams Lender a security irderest ln such Chattels. The debtor is
<br /> the Grantor described above. This Deed of Trust will be effective as a flnancing statemem filed as a fixture flling with respect to all fixtures induded within
<br /> aeid premises and is to be filled for record in the real estate reoords of each county where any part of said premises(including safd fixtures)is situated. This
<br /> Deed of Trust shail aiso be effective as a finandng statement covering any other premises and may be filed in any other appropriate filing or recording
<br /> olfice. A carbon,photo�aphic or other reproduction of this Deed of Trust or of any financing statemeni relating to this Deed of Trust shall be sufficfent as a
<br /> �ng statement fot any of the purposes referred to in this Paragraph. The secured party is the lsnder described above. Upon demand,Gramor shall
<br /> make, execute and deflver such security agreements (as such term is defined in said Uniform Cormieraal Code) as Lender at any time may deem
<br /> necessary or proper or required to gram to Lender a perfected security irrterest in the Chattels,and upon Grantor's failure to do so,Lender is authorized to
<br /> sign any such agreement as the agent of Gramor. Grantor hereby authorizes Lender to file financing statements(as such term is defined in said Uniform
<br /> Corrrneraal Code)with respect to the Chattels,at any time,without the signature of Grantor. GraMor will,however,at any time upon request of Lender,
<br /> sign such flnancing statemeMs. Grantor will pay all flling fees for ihe filing of such financing statemems and for the refiling thereof at the times required,in
<br /> the opinion of Lender,by said Uniform Cormieraal Code. If the lien of this Deed of Trust be subject to any security agreement covering the Chattets,then
<br /> in the evem of any defauft under this Deed of Trust,all the right,title and interest of Grantor in and to any and all of the Chattels is hereby aasigned to
<br /> L.ender,together with the benefrt of any deposits or paymerrts now or hereafter made thereof by Grantor or the predecessors or sucoessors in title of
<br /> G�antor 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 perfonn any act required to be taken by Grantor or to exercise any right or remedy of Lender under this Deed of Trust. Upon demand,Grarnor
<br /> ahaU imr�ediately reimburse Lender for aU such amourrts expended by Lender together with interest thereon at the lower of the highest rate desuibed in any
<br /> ObNgation or the highest rate allowed by law from the date of paymern until the date of reimbursemerrt. These sums shall be induded in the definition of
<br /> Obligations herein and shall be secured by the benefidal interest graMed herein. If the Obligations are paid after the beginning of pubtication of noUce of
<br /> sale,as herein provfded,or in the evern Lender shall,at fts sole option,permit Grantor to pay any part of the Obligations after the beginning of publication of
<br /> ratioe 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 /> indu�ng reasonable attomeys'fees to the attomeys for the Trustee and for the Lender,and a reasonable fee to the Trustee,and this Deed of Tnist shall be
<br /> aecuriry tor 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 exerasing the power of
<br /> sale and of the sale,including the payrnent of the Trustee's tees actually�ncurred not to exceed the amouM which may be provided for in the Deed of Trust,
<br /> seoor�d,to paymem of the obiigatwn secured by the Deed of Trust,tbrd,to the payment of junior deeds of tn�st,mcrtgages or other lienholders,and the
<br /> belance,if any,to the person or persons legally errtitled thereto.
<br /> 23. POWER OF ATTORNEY. Grantor herebyappoints Lender as fts attomey-in-fact to endorse Grantor's name on all instrumeMs and other documents
<br /> pertaining to the Obligations or Oeed of Trust. In 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 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 attomey descxibed in this Deed of Trust are coupled whh an
<br /> irnerest 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 encum�ance
<br /> dscharged whh funds advanced by Lender regardless of whether these liens,security interests or other enwmbrances have been released of record.
<br /> 2a. COLLECTiON COSTS. To the extent pemrtted by Iaw,Grantor agrees to pay Lender's reasonable fees and costs,induding,but not limited to,fees
<br /> and wsts of ariomeys and other ager►ts (indudin�wtthout limitation paralegals, clerks and consultants), whether or not such attomey or agern is an
<br /> employee of Lender,which are incurred by Lender�n collecting any amouM due or enforcing any rigM or remedy under this Deed of Trust,whether or not
<br /> wlt is lxougM,induc�ng,but not limited to,a�l fees and costs incurred on appeal,in banlwptcy,and for post-judgment collection actions.
<br /> 26. PARTIAL RELEASE Lender may release fts iMerest in a portion of the Property by executing and recording,one or more Partial Deeds of
<br /> Reconveyance wfthout affeding its imerest in the remaining porlion of the Property. Nothing here�n shall be deemed to obltgate Lender to release any of its
<br /> irrterest in the PropeRy(except as required under Paragr�38 or as may be otherwise required by law),nor shall Lender be obligated to release any part
<br /> of the Property if Grantor is in default uncbr this Deed of trust. The lien and security interest created by the Deed of Trust remain in effect with respect to
<br /> that portion of the properry,as deflned in the Deed of Trust,that is not the subject of this or any Partial Deed of Reconveyance
<br /> Zl. MODIFICATiON ANO WANER. The mo�fication or waiver of any of Grarrtor's Obligations or Lender's rights unde�ihis Deed of Trust must be
<br /> contalned in a writing signed by Lender. Le�der may perfonn any of Borrower's or Grantor's Obligations,delay or fail to exercise any of fts rights or accept
<br /> pe�mients from Grantw or anyone other than Grantor without causing a waiver of ihose Obligations orngMs. A waiver on one oocasion shall not constitute
<br /> a warver on any other occasion. Granto�'s Oblipations under thfs Deed of Trust shall not be affected if Lender amends,compromises,exchanges,fails to
<br /> exercise,impairs or releases any of the ObUgatwns belonging to any Grantor,Bonower or thirdparty or any of its rights against any Grantor,Borcower or
<br /> thircl party or any of the Property. Lender's failure to insist upon strict perfomrance of any of the O�i-gations shal�not be deemed a waiver and Lender shall
<br /> have the rigM at any time thereafler to insist upon strict perfomiance.
<br /> 2B. SUBSTITUTE TRUSTEE;TRUSTEE UABILITY;COMPENSATION. In case of the death,inability,refusal to act or absence of the Trustee from lhe
<br /> stale where the real property is located or in case the holder of the Obligations shali 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 io appoinl in writing a
<br /> substitute truatee for said Trustee,and the substitute trusiee shall,when appointed,become suxessor to all rigMs 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 /> ahall not be liable for any error of�udgment or act done by Trustee, or be othervvise responsible or aaournable under any arcumstances whatsoever.
<br /> Trustee shall not be personally liable in case of entry by it or anyone acting by virtue of the powers herein granted it upon the Deed of Trust for debts
<br /> oornracted or liabiliry or darna$es incurred in the mana�emern or operation of said premises. Trustee shall have the ri�ht to rely on any instrumern,
<br /> documant or signature authorinng or supporting any action taken or proposed to be taken by N hereunder or believed by tt 1n good faith to be genuine.
<br /> Trustee shall be ernitled to reimtwrsement for expenses incurred by h in the perforrrrance of its duties hereunder and to reasonable compensation for such
<br /> of its serviees hereunder as shall be rendered. Granlor witl,from time to time,pay compensation due Trustee hereunder and reimburse Trustee for and
<br /> aave and hold it harrnless from and against any and all loss,cost,liability,damage and expense whatsoever incurred by it in the performence of its duties.
<br /> Nt moneys received by Trustee shall,uMil used or appiied as hereinprovided,be held in trust for thepurposes for which they were reoeived,but need not
<br /> be segregated in any manner from any other moneys(except to the extent required by law)and Trusiee shall be under no liability for interest on any
<br /> moneys received by it hereunder.
<br /> 2�. SUCCESSORS AND ASSIGNS. This Deed of Trust shall be binding upon and inure to the benefit of Grantor and Lender and their respective
<br /> suocessors,assigns,tn�stees,receivers,administrators,personal represerrtatives,legatees and devisees.
<br /> 30. NOTICES. Except as otherwise required by law,any notice or other comnunication to be provided under this Deed of Trust shall be fn writing and aent
<br /> to the parties at the addresses described in this Deed of Tn�st or such other address as the parties ma designate in writing from time to time. My such
<br /> ratioe so given and sent bY first dass mail,postage prepaid,shall be deemed given the earlier of three�3)days after such notice is seM or when received
<br /> by the person to whom suc7i notice is being given.
<br /> 31. SEVERABWTY. Whenever possible,each provision of this Deed of Trust shall be interpreted so as to be effective and valid under applicable state
<br /> Iaw. 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 enforceabte.
<br /> 92 APPUCABLE LAW. This Deed of Trust shall be govemed by the laws of the state where the�eai property is located. Unless applicable law provides
<br /> otherwise,Grantor consems to 1he 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 presentmerrt,demand for payment,notice of dishonor and
<br /> protest except as required by law. All references to Grantor in this Deed of Trust shall include allpe rsons signing below. If there is more than one Grantor,
<br /> tl�eir Obligations shall be�'a'M and several. This Deed of Trust represerrts the complete integrated understanding belween Grarnor and Lender pertaining to
<br /> the terms and conditions hereof.
<br /> 94. NO THIRD PARTY RIGHTS. No person is or shall be a third party beneficiary of any provlsion 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 pany shall be emitled to assume or expect that Lender will not waive or
<br /> oonsent to the mocfficaUon of any provision of this Deed of Trust,in Lender's sole discretion.
<br /> 35. PRESERVATION OF LIABILITY AND PRIORITY. Wdhout affecting the liability of Borrower,Grantor,or any guarantor of the Obiigations,or any other
<br /> pe�son(except a person expressiy released in writinp)for the payment and performance of the Obligations,and without affecting the ri�ts of Lender with
<br /> respect to any Property not expressly released in wrrting,and without impainng in any way the priority of this Deed of Trust over the irrierest of a�ny person
<br /> a�ured w first evidenced by recordmg subsequent to the recording of this Deed of Trust,Lender may,either before or after the maturity of the Obligations,
<br /> and without notice or consent:release any person liable forpayment or perforrr�ance of ali or any part of the Obligations;make arry agreemern altering the
<br /> terms of paymeM or perfomiance of all or any part of the Obligations;exeruse or refrain from exerdsing or waive any n'pM or rert�edy that Lender may Fiave
<br /> under the Deed of 1 rust;axept additional security of any kind for any of the Obligations;or release or otherwise deal with any real or personal property
<br /> aecu►ing the Obligations. My person acquiring or reoording evidence of any interest of any nature in the Property shall be deemed, by acquiring sucFi
<br /> irAerest or recording any evidence thereof,to have consented to all or any such actions by Lender.
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