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<br /> '20. SEC�URITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust sh I idered and be effective as a financing
<br /> ;s2atemerq and a ftxture filing pursuarrt to the provisions of the Uniform Commercial Code (as adopted in the state where the real property is located)
<br /> covering fixtures,chattels,and articles of personal property now owned or hereafter attached to or to be used in connection wfth the Property together with
<br /> any and all replacementa thereof and additions thereto(the"Chattels"),and Grantor hereby grants Lender a security interest in such Chattels. The debtor is
<br /> the Grantor descrlbed above. This Deed of Trust will be effective as a financing statement filed as a fixture filing wfth respect to all fixtures 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 Trust shall also be effective as a flnandng statemem covering any other premises and may be filed in any other appropriate filing or recording
<br /> offlce. A carbon,photographic or other reproduction of this Deed of Trust or of any financing statemem relating to this Deed of Trust shall be suffidern as a
<br /> finandng statement for any of the purposes referred io in this Paragraph. The secured party is the Lender described above. Upon demend,Grarrtor shall
<br /> make, execute and deliver 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 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 agreement as the agerrt of Grantor. Grarnor hereby authorizes Lender to file financing statements(as such teRn is defined in said Uniform
<br /> Corm�erdal Code)with respect to the Chattels,at any time,without the signature of Grarrtor. Grantor will,however,at any time upon request of Lender,
<br /> sign such finandng statements. Grantor will pay all filing fees for the filing of such financing statemeMs and for the refiling thereof at the times required,in
<br /> the opinion of Lender,by sald Uniform Comnerdal 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 default under this Deed of Trust,all the rigM,title and interest 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 paymerrts now or hereafter made thereof by Grantor or the predecessors or sucxessors 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 Grarrtor or to exercise any rigM or remedy of Lender under this Deed of Trust. Upon demand,Grantor
<br /> shaii irrrr�ediately reimlwrse 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 payment until the date of reimbursement. These sums shall be included in the definition of
<br /> Obligations herein and shall be secured by the beneficial irrterest 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,perMt GraMor 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 incuned by the Trustee and Lender in connection with sald publication,
<br /> including reasonable attomeys'fees to the attomeys for the Trustee and for ihe Lender,and a reasonable fee to the Trustee,a�d 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,inctuding the paymerrt of the Trustee's fees actually incurred not to exceed the amount whid�may be provided for in the Deed of Trust,
<br /> second,to paymem 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 entitled thereto.
<br /> 23. POWER OF AITORNEY. Grantor hereby a�irrts Lender as its 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, Lsnder shall be entitled, but not required,to Qerform any action or execute any document
<br /> requved to be taken or executed by Grantor under ihis Deed of Trust. Lender'spe rfomrance of such action or execution of such documerrts shall not
<br /> relieve Grantor from any Obligation or cure any defauft under this Deed of Trust. All powers of attomey described in this Deed of Trust are coupled with an
<br /> irrterest and are irrevocable.
<br /> 24. SUBROGATION OF LENDER. Lender shall be sutxogated to the rights of ihe 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 /> 2b. COLLECTiON COSTS. To the extent pemytted by law,Grantor agrees to pay Lender's�easonable fees and costs,induding,but not limited to,fees
<br /> and costs of attomeys and other agents (including wrthout limitation 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 amount due or enforcing any rigM or remedy under this Deed of Trust,whether or not
<br /> sult is LxougM,induding,but not Iimited to,all fees and costs incurred on appeal,in bankruptcy,and for post-judgment�Ilection actions.
<br /> 26. PARTIAL RELEASE. Lender may release its interest in apo rtion 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 obligate Lender to release any of its
<br /> irrterest in the Property(except as required under Parasuaph 38 or as may be otherwise reqwred by law),nor shall l.ender be obligated to release any part
<br /> of the Property if Grarnor is in defauft under this Deed of trust. The lien and security urterest created by the Deed of Trust remain in effect with respect to
<br /> that portion of the properry,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 righis under this Deed of Trust must be
<br /> corrtained in a writing signed by Lender. Lender may perfoRn any of Borrower's or Grarnor's ObBgations,delay or fail to exerase any of its rights or axept
<br /> paymerrts from Grantor or anyone other than Grarrtor without causing a walver of those Obligations or rights. A waiver on one occasion shall not constitute
<br /> a waiver on any other occasion. Grarnor's Obli�ations under this Deed of Trust shall not be affected if Lender amends,compromises,exchanges,fails to
<br /> exerdse,impairs or releases any of the Obligations belonging to any Grantor,Bonower or third party or any of its rights against any Grantor,BoROwer or
<br /> third party or any of the Property. Lender's failure to insist upon strict perfomrance 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 strict performance.
<br /> 28. SUBSTITUTE TRUSTEE;TRUSTEE LIABIUIY;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 substftute 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 sald Trustee,and the substitute irustee shall,when appointed,become suxessor 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 conferced on the Trustee. Trustee
<br /> shall not be liable for any error of�udgment or act done by Trustee, or be othervvise responsible or accourrtable under any circumstances whatsoever.
<br /> Trustee shall not be personally Uable 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 /> corrtracted or liability or damages incurred in the rr�ana�ement or operation of said premises. Trustee shall have the ri�ht to rely on any insirument,
<br /> documerrt or signature authorizing or supporting any action taken or oposed to be taken by it hereunder or believed by rt ingo od fafth to be genuine.
<br /> Trustee shall be errtitled to reimbursement for expenses incurred by it�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 tlme,pay compensation due Trustee hereunder and reimburse 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 perforrrrdnce of its dutles.
<br /> All moneys received by Trustee shall,uMil 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 liability for irrterest on any
<br /> mcneys received by R hereunder.
<br /> 29. SUCCESSORS AND ASSIGNS. This Deed of Tn�st shall be bindin$ upon and lnure to the benefit of Grarrtor and Lender and their respeclive
<br /> suxessors,assigns,trustees,receivers,administrators,personal represernatnres,legatees and devisees.
<br /> 90. NOTICES. Except as otherwise required by law,any notice or other corrmmication to be provided under this Deed of Trust shall be in writing and serrt
<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 bv 8rst dass mail,postage prepaid,shall be deemed given 1he 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 irrterpreted 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 corriinue to be valid and enforceable.
<br /> 32 APPUCABLE LAW. This Deed of Trusi shall be govemed by ihe laws of the state where the real property is located. Unless applicable law provides
<br /> othervvise,Grantor conserrts to the jurisdiction and venue of any court selected by Lender,in its sole discretion,located in that state.
<br /> 39. MISCELLANEOUS.,Grantor and Lender agree that time is of the essence. Grantor waives preserrtment,demand for payment,notice of dishonor and
<br /> protest except as requ(red by law. All references to Grantor in this Deed of Trust shall include allpersons signing below. If there is more than one Grarrtor,
<br /> their Obligabons shall be p' irn and several. This Deed of Trust represerns the complete integrated understanding between Grarrtor and Lender pertaining to
<br /> the terms and condhions hereof.
<br /> 34. 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 /> Trust in favor of Lender are irrtended solely for the benefit of Lender,and no third party shall we eMitled to assume or expect that Lender will not wafve or
<br /> conserrt to the modiflcation of any provision of this Deed of Trust,in Lender's sole discretion.
<br /> 35. PRESERVATION OF LIABILITY AND PRIORITY. Wrthout affecting the liability of Borrower,GraMor,or any guararrtor of the Obli�ations,or any other
<br /> person(except a person expressly released in writin g)for the payment and perfomiance of the Obligations,and wtthout affecting the ngMs of Lender with
<br /> respect to any Property not expressly released in wrlting,and without irrpainng m any way the priority of this Deed of Trust over the interest of any person
<br /> aoquired or ftrst evidenced by recording subsequent to tF�e reco�ng of this Deed of Trust,Lender may,efther before or after the maturity of the Obligations,
<br /> and wilFwut notice or consent:release any person liable for payment or performance of all or any part of the Obligations;make any agreemerrt altering the
<br /> terms of payme�rt orperfomiance of all or any pert of the Obligations;exerdse or refrain from exerasing or wa�ve any ngM or remedy that Lender may have
<br /> under the Deed of Truat;aocept additionai security of any kind for any of the Obligations;or release or otherwise deal wrth any real or personel properry
<br /> securing the Obligatlons. My person acquiring or recor�ng evidence of any interest of any nature in the Property shall be deemed, by acqufring suc(�
<br /> iMerest or recor�ng any evidence thereof,to have conseMed to all or any sucfi actiona by Lender.
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