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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 finanang
<br /> ;staterueiit and a fixture flting pursuam to the provislons of the Uniform Commeraal Code (as adopted in the state where the real property is located)
<br /> covering fixtures,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 replacements thereof and additions thereto(the"Chattels"),and Grantor hereby grants Lender a security interest in such Chattels. The deblor is
<br /> .the GraMor described above. This Deed of Trust will be effective as a flnancing statemeM filed as a fixture filing with respect to all fixtures induded within
<br /> said premises and is to be filed for record in the re�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 finanang statemerri 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 finanang statement relating to this Deed of Trust shall be sufficierrt as a
<br /> finandng statemerrt for any of the purposes referced to ln this Paragraph. The secured party is the Lender described above. Upon demand,Grarnor shall
<br /> make, execute and deliver such security agreemeMs (as such term is defined fn said Uniform Cormieraal Code) as Lender at any time may deem
<br /> necessary or proper or required to grant to Lender a perfected security imerest in the Chattels,and upon Grantor's failure to do so,Lender is suthorized to
<br /> sign any such agreemern as the agerrt of Grarnor. Grantor hereby authorizes Lender to file finanang statements(as such term is defined in said Uniform
<br /> Cormieraal Code)with respect to the Chattels,at any time,without the signature of Granior. GraMor will,however,at any time upon request of Lender,
<br /> sign such finanang statements. Grantor will pay all filing fees for the filing of such financing statemerrts and for the reflling thereof at the times required,in
<br /> the opinion of Lender,by said Uniform Commercial Code. If the lien of this Deed of Trust be subject to any securiry agreemerrt covering the Chattels,then
<br /> in the event of any default under this Deed of Trust,all the right,title and irrterest of Grantor in and to any and all of the Chattels is hereby assigned to
<br /> Lender, together wiih the beneftt of any deposits or paymerns now or hereafter made thereof by Grantor or the predecessors or successors in title of
<br /> GraMor 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 requlred to be taken by Grantor or to exercise any right or remedy of Lender under this Deed of Trust. Upon demand,Grantor
<br /> shall irmiediately reimburse Lender for all such amourrts expended by Lender togeiher 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 paymerrt urnil the date of reimbursement. These sums shall be included in the definhion of
<br /> Obligations herein and shall be secured by the benefldal interest graMed 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,pemrt Grarnor to pay any part of the Obligations after the beginning of publication of
<br /> notice of sale,as herein provided,then,Grarnor shall pay on demand all expenses incurced 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 to 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 the sale,induding thepayment of the Trustee's fiees actually incurred not to exceed the amount which may be provided for in the Deed of Trust,
<br /> second,to paymertt of the obligation secured by the Deed of Trust,third,to ihe payment of junior deeds of irust, mortgages or other lienholders,and the
<br /> balance,if any,to the person or persons legally errtftled thereto.
<br /> 23. POWER OF ATTORNEY. Grantor herebyappoiMs Lender as its attomey-in-facl to endorse Grantor's name on all instruments and other dxumeMs
<br /> pertaining to the Obligations or Deed of Trust. In addition, Lender shall be entitled, but not required,to Qerform any action or execute any documeM
<br /> required to be taken or executed by Grantor under this Deed of Trust. Lender'spe rformance of such action or execution of such documerrts shall not
<br /> relieve Grantor from any Obligatfon 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. SUBROGA710N OF LENDER. Lender shall be subrogaied to the rights of the holder of any previous lien, security irtterest 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 COST3. To the extem pemltted bY law,GraMor agrees to pay Lender's reasonable fees and costs,induding,but not limited to,fees
<br /> and costs of attomeys and other agems (indudin� without limitation paralegals, derks and consuftants), whether or not such attomey or agent is an
<br /> employee of Lender,which are incurred by Lender in collecting any amourn due or enforcing any rigM or rernedy under this Deed of Trust,whether or not
<br /> suft is brought,including,bui not Iimited to,all fees and costs incurred on appeal,in banlwptcy,and for post-judgmerrt collection actions.
<br /> �. PARTIAL RELEASE. Lender may release its irrterest in a portion of ihe Properry by executing and recording one or more Partial Deeds of
<br /> Reoonveyance without affecting its interest in the remaining portion of the Property. Nothing herein shall be deerr�ed to obligate Lender to release any of its
<br /> interest in the Property(exoept as required under Paragraph 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 defauft under ihis Deed of 7rust. The lien and secur'rty irrterest 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 Partfal Deed of Reconveyance
<br /> 27. MODIFICATION AND WAIVER. The modiflcation or waiver of any of Grantor's Obligations or Lender's rights under this Deed of Trust must be
<br /> contained in a wrtting signed by Lender. Lender may perforrn any of Borro�nrer's or Grantor's Obligations,delay or fail to exerase any of its rights or accept
<br /> payments from Grarnor or anyone other than Grantor without causing a waiver of those Obligations or rights. A waiver on one occasion shall not constitute
<br /> a waiver on any oiher oa;asion. Grantor's Obli�ations under this Deed of Tn�st shall not be affected if Lender amends,compromises,exchanges,fails to
<br /> exercise,impairs or releases any of ihe Obligations belonging to any Grantor,BoROwer or thirdparty or any of its rigMs against any Grantor, Borrower or
<br /> ihird party or any of ihe Property. Lender's failure to insist upon strict performence of any of the Obli-gations 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 UABILITY;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 fn 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 /> substitute trustee for said Trustee,and the substitute trustee shall,when appoirned,become successor 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 conferced on the Trustee. Trustee
<br /> shall not be liable for any error of�udgmerrt or act done by Trustee, or be otherwise responsible or axountable under any arcumstances whatsoever.
<br /> Trustee shall not be personally liable in case of errtry by it or anyone acting by virtue of the powers herein granted it upon the Deed of Trust for debts
<br /> contracted or liability or dameqes incurred in the mana�emern or operatton of said premises. Trustee shall have the ri�ht to rely on any instrument,
<br /> documerrt or sfgnature authoriz�ng or supporting any action iaken or proposed to be taken by it hereunder or believed by rt in good falth to be genuine.
<br /> Trustee shall be emitled to reimbursement for expenses incurced by it�n 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 from and against any and all loss,cost,liability,damage and expense whatsoever incurred by it in the performance 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 menner from any other mcneys(except to the extent required by law) 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,trustees,receivers,administrators,personal represernairves,legatees and devisees.
<br /> 90. NOTICES. Except as otherwise required by law,any notice or other cormxinication to be provided under this Deed of Trust shall be in writing and sent
<br /> to the parties at the addresses descxibed in this Deed of Trust or such other address as the parties ma designate in w�fting from time to time. Any such
<br /> notice so given and sent bv first class mail,postage prepaid,shall be deemed given the earlfer of three�3)days aRer such notice is sent or when received
<br /> by the person to whom such notice is being given.
<br /> S1. SEVERABILITY. Whenever possible,each provlsion of this Deed of Trust shall be Irnerpreted so as to be effective and valid under applicable state
<br /> law. If any provisfon of this Deed of Trusl 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 properry is located. Unless applicable law provides
<br /> othervv(se,Grantor consents to the jurisdictlon and venue of any court selected by Lender,in its sole discretion,located in that state.
<br /> 33. AINSCELLANEOU3. GraMor and Lender agree that time is of the essenoe. GraMor waives preserrtment,demand for payment,notice of dishonor and
<br /> protest except as required by law. Ail references to Grantor in this Deed of Trust shall include all persons signing below. If there is more than one Grantor,
<br /> their Obligat(ons shall be p' irrt and several. This Deed of Trust represerns the complete irrtegrated understanding between Grantor and Lender pertaining to
<br /> the temis and conditions hereof.
<br /> 34. NO THIRD PARTY RIGHTS. No person is or shall be a thlyd 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 re entitled to assume or expecl that Lender will not waive or
<br /> consent to the modification of any provislon of this Deed of Trust,in Lender's sole disaetion.
<br /> 96. PRESERVATION OF LIABIUTY AND PRIORITY. Without affecting the liabiliry of BoROwer,Gramor,or any guarantor of the Obligations,or any other
<br /> person(except a person expressly released in writing)for the paymern and perfom�ance of the Obligations,and wNhout affecting the rigMs of Lender with
<br /> respect to any Property not expressly released in writing,and without impalnng in any way the priority of this Deed of Tn�st over the interest of any person
<br /> acquired or flrst evidenced by recording subsequent to the recording of this Deed of Trust,Lender may,either before or after the maturhy of the Obligations,
<br /> ancJ without notioe or conseM:release any person Ifable forpaymer►t or perfom�ance of all or any part of the Obligations;make any agreement attering the
<br /> terms of paymeM or performence of all or any part of the Obfigatfons;exerase or refrafn from exerasing or waive any right or remedy that Lender may have
<br /> undet the Deed of Trust;aooept additional securiry of any kind for any of the Obligations;or release or othervvise deal with any real or personal property
<br /> securing the Ob�igations. Any person acquiring or recordng evidenoe of any iMerest of any nature in the Property shall be deemed, by acquiring sucf�
<br /> irrterest or reoording any evidence thereof,to have conserrted to all or any sucf�actions by Lender.
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