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<br /> 20. SECURITY INTEREST UNDER THE UNIFORI�A COMMERCIAL CODE This Deed of Trust shell be oonsidered and be effective as a flnandng
<br /> statement and a Hxture filing pursuant to the provisions of the Uniform Cortmeroial Code (as adopted in the state where the real property is located)
<br /> covering fixtures,chattels,and artldes of personal property now owned or hereafter attachad to or to be used in connectlon with the Property together wRh
<br /> any and all replacements thereof and ad�dons thereto(the"Chattels"),and Grantor hereby grents Lender a sec,urity frrterest in such Chattels. The debtor is
<br /> the Grantor deacribed above. Thlc Deed of Trust wfll be effective as a flnancing statemant flled as a fixture flling wfth respect to all flxtures induded within
<br /> seid prerr�ses and is to be flled for record in the real estate records of each couMy whero any pert of said prertises(indu�ng said flxtures)is situated. ThIs
<br /> Deecl of Trust ehail also be effective as a flnandng statemerrt covering any othar prert�lees and may ba flled in any other appropriate flling or reoorciing
<br /> office. A carbon,photo�aphic or other reproducdor►of this Deed of Truat or of any finand�g statemem relatlng to this Deed of Trust shali be wfflderrt aa a
<br /> flnandng statemerrt for any of the purposes referred to in this Paragraph. The secured pavty is the Lender described above. Upon demend,Grantor shall
<br /> rt�eka, execute and deliver such security a�greemerrts (as such term is deflned in said Uniform Cortrnerdal Code) as Lender at any time may deem
<br /> necessary or proper or required to grant to Lsnder a pertected security interest in the Chattels,and upon Grantors failure to do so,Lender is authorized to
<br /> sign any auch as the agent of Grantor. Grarrtor hereby authorizas Lsnder to flla finandng statemeMs(as such tertn is deflned in said Unifortn
<br /> Corrrnerdal )with respect to the Chattels,at any Ume,widiout the tlgnawre of GraMor. Grerrta�wlll,however,at any time upon request of Lender,
<br /> sign such flnandng statements. Grantor will pay all filing fees for the flifng of auch flnandng statemerrts and for the reflling thereof at the times required,in
<br /> the opinion of Lender,by said Uniform Comnardal Code. If the Ilen of this Dead of Trun be subject to eny aecurity agreemarrt oovering the Chattels,then
<br /> in the event of any defauit under this Deed of Truat,all the rigM,Ude and IMerest of(3rantor in and to any and all of the Chattels is hereby assigned to
<br /> Lsnder,together with the beneflt of any deposits or paymerrts nov�r or heresftet tneda thareof by Grarrtor or the predecesaors or suxessors in tftle of
<br /> Grarrtor in ttw Property.
<br /> 21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender,at Lender's o on,may expend funds(induding attomeys'fees and legal
<br /> expenses)to perform any act required to be taken by Graritor or to exercise any right or rert�y of Lender under this Deed of Trust. Upon demend,Grantor
<br /> ShaU Irm�ediately reimburse Lender for all such amourrts expended by Lender together with irrterest thereon at the lower of the highest rate described in any
<br /> ObligaUon or the highest rate allowed�y law from the date of pa�m�ent urrtil the date of reimbursement. These sums shall be induded in the deflnftion of
<br /> ObUgatlons herein and shall be secured by the benefidal irrterestgranted herein. If the Obligations arepafd after the beginning of publication of noUce of
<br /> sale,as herein provided,or in the event Lender shall,at fts sole optlon,pem�it Grarnor to pay any part of the Obligatlons after the beginrnng of publicaUon of
<br /> notice of sale,as herein provided,then,Grarrtor shall pay on demend all expenses incurred by the Trustee and Lender in oonnection wfth said publication,
<br /> indudng reasonable anomeys'fees to the attomeys for the Trustee and for the 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 APPLICA710N OF PAYMENTS. The Trustee shall�the proceeds of the trustee's sale,flrst,to the costs and expenses of exercising the power of
<br /> sale and of the sale,induding thepayment of the Trustee's s actually incurred not to exceed the amourrt which may be provided for in the Deed of Trust,
<br /> seeond,to paymem of the obligaUon secured by the Deed of Trust,third,to the paymerrt of junior deeds of trust,mortgagea or other lienholders,and the
<br /> balance,ff any,to the person or peraons legally entiNed thereto.
<br /> 2S. P�NER OF ATTORNEY. Grantor herebyappoirrts Lender as its attomey-in-fact to endorse Grantor's name on all instrurnerrts and other documerrts
<br /> pertaining to the Obligations or Deed of Trust. In addftion, Lender shall be errtitled, but notrequired,to perform any action or exearte any documerrt
<br /> required to be taken or executed by Grantor under this Deed of Trust. Lender'spe rfom�ance of such action or executwn of such documents shall not
<br /> relieve Grantor from any Obligation or cure any defauN under this Deed of Trust. Alf'owers of attomey described in this Deed of Tn�st are coupled wfth an
<br /> irrterest and are irrevocable.
<br /> 24. SUBROGA710N OF LENDER. Lender shall be subrogated to the rlgMs of the holder of any previous Ilen, security fnterest or encumbrance
<br /> �scharged wtth funds advanced by Lender regar�ess of whether these liens,�curity Irrterests or other encumbrances have been released of record.
<br /> 2b. COLLECTION COSTS. To the exterrt�emitted'�y Iaw,Grantor apreas to y Lendera reasonable fees and costs,induding,but not limited to,fees
<br /> and costs of attomeys and other agerrta (induding without lirt�itation paralegals�, derks and consultarrts), whether or not such attomey or agerit is an
<br /> employee of Lender,which are incurred by Lender in collectlng any amoum�e or enfordng any rioht or remedy under this Deed of Trust,whet�her or not
<br /> suft is brougM,induding,but not Iimited to,all fees and costs fncuRed on appeal,in benlwptcy,and�or post-judgmeM collectfon actions.
<br /> 26. PARTIAL RELEASE Lender may release fts irrterest in a aordon of the Property by executing and recording one or more Partlal Deeds of
<br /> Reconveyance without affectlng its irrterest in the remeining portion of the Property. Nothing herein shall be deemed to obligate Lender to release any of fts
<br /> irnerest in the Property(except as required under P�38 or as may be otherwise required by law),nor shall Lender be obligated to release any pert
<br /> of the Property if Graritor is in defauR under this Deed of 7rust. The lien and seai�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 Truat,that is not ttw subject of is or any Partial Deed of Recorneyance
<br /> 27. MODIFlCATION AND WAIVER. The moc�flcation or waiver of any of Granto�'s Obligations or Lender's rfaMs under thfs Deed of Trust must be
<br /> coMained in a writ(ng signed by l.ender. Lender maY Pe�'form anY of Borrower's or Grantor's Obligations,dela or fail to exerdae anX of its rigMs or aooept
<br /> de
<br /> pa�eMa from Grantor or anyone other than Grantor without caus�ng a waNer of those Obligatlons or rigMs. waiver on one oxasion shall not constitute
<br /> a waNer on any other oocasion. Grantor's Obligations under this Deed of Trust shall not ba affected if Lender amends, mises,exchanges,fails to
<br /> exardse,impeirs or releases any of the Obligatfons belonging to any Grantor,Borrovvet or third party or any of Rs ris�rts nst any GraMor,Borrower or
<br /> third party or any of the Property. Lender's failure to insist upon sMct perfom�anoe of any of the Obtigations shall notbe deemed a waiver and Lender shall
<br /> have ihe rigM at any time thereatter to insist upon strict performence.
<br /> 28. SUBSTITUTE TRUSTEE;TRUSTEE LJABILITY;CdIAPEN3ATiON. In case of the death,inabfliry,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 Obliga�ons shall desire for any reason to remove the Trustee or any substitute trustee as
<br /> trustee hereunder and to appofrrt a new trustee in his plaoe and stead,the hdder of the Obligations is hereby granted full power to appoiM in writing a
<br /> substftute uustee for said Truatee,and the substitute trustee shall,when appoirrted,become suocessor to all ri�ts 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�er,duNes and obligations herein conferred on the Trustee. Trustee
<br /> shall not be Ifable for any error of or act done by Trustee, or be othervv ae responsible or acoounteble under any droumstances whatsoever.
<br /> Ttustee shall not be personally I e in case of ernry by it or anyone acting by virtue of the powers herein granted it upon the Deed of Tn�st for debts
<br /> corrtracted or Ilabiliry or dameqes incurred in the menage�t or operetion of said premises. Trustee shaD have the ris�ht to rely on any instrumerrt,
<br /> documeM or signature authoriz�ng or supporting any actof n taken or proposed to be taken by ft hereunder or believed by�t in good faith to be genuine.
<br /> Trustee shall be entflled to reimburserrerrt for expenses incurred by it in the perfom�ence of its duties hereunder and to reasonable compensation for such
<br /> of its services hereunder as shall be rendered. Grantor will,from time to�me,pey compensation due Truatee hereunder and reimburse Trustee for and
<br /> save and hold it harmless irom and against any and all loss.�ost,liability,demage and expense whatsoever incurred by it in the perfom�ence of 1ts duties.
<br /> Ali moneys receNed by Trustee shall,urrtil used or applied as herefn provided,be held in trust for thepurposes for which they were receNed,but need not
<br /> be segregated in any menner from any other moneys(exceprt to tf�e extent requfred by Iaw)and Trustae sha�l be under no Ilability for irrterest on any
<br /> moneys reoeNed by R hereunder.
<br /> 29. SUCCESSORS AND ASSIGNS. This Deed of Trust shall be binding upon and inure to the beneflt of Grantor and Lender and their respective
<br /> suxessors,assigns,trustees,receivera,adminfatrators,personal represerrtatives,legatees and devisees.
<br /> 90. NOTICES. Except as otherwise required by Iaw,any notice or other comrunication to be provided under this Deed of Trust shall be in writing and serrt
<br /> to the pardes at the addresses deacribed in this Deed of Trust or such other address as the perties ma designate in writing from time to time. Any such
<br /> notioe so given and sent by flrst dass meil,postage prepaid,shall be deemed given the earlier of three r3)days after such notice la seM or when received
<br /> by the person to whom such notice is befng�ven.
<br /> 31. SEVERABWTY. Whenever possible,each provision of this Deed of Trust shall be irnerpreted so as to be effectNe and valid under applicable state
<br /> law. If any provision of this Deed of Trust violates the law or is unenforoeable,the rest of the Deed of Trust shall corrtinue to be valid and enforceable.
<br /> 32 APPLJCABLE LAW. This Deed of Trust ahall be govemed by the laws of the state where the real property is located. Unless applicable Iaw provides
<br /> otherwise,Grantor conserrts to the jurisdictlon and venue of any oourt aelected by Lender,in fts sole�acreUon,located in that state.
<br /> 33. MISCELLANEOUS. Grantor and Lender a�ee that time is of the esaence. GraMOr waives preaerrtrnerrt,demend for paymern,notice of dishonor and
<br /> protest except asre�ired by Iaw. All references to Grantor in this Deed of Trust shall indude allpersons signing below. If there is more than one Grantor,
<br /> their ObligaUons shall be p' irrt and several. This Deed of Trust represents the complete irrtegrated understan�ng between Grantor and Lender peRaining to
<br /> the tem�s and oondttbns herecf.
<br /> 94, NO THIRD PARTY RIGHTS. No person is or shall be a third party benefldary of anypro vision 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 be errtitled to assume or expect that Lender will not waNe or
<br /> wnserrt to the modiflcation of any provision of this Deed of Trust,in Lender's sole drsaetlon.
<br /> p�erson(except a personexpres y releasedPR�nTMg.��thhe payff �� �de Ilabil���e ObUgations,and w�ithou�t affecting t�he�irigMs of l.ender rth
<br /> respect to any Property not expressly released in writing,and without impairfng in any way the priority of this Deed of Trust over the irrterest of any person
<br /> ac�ired or flrst evidenced by recording subsequent to the recor�ng of this Deed of Trust,Lender may,either before or after the maturiry of the Obligations,
<br /> and without notice or conserrt:release any person Ifable for ymerrt or performance of all or any part of the Obligations;meke anyagreemerrt alte�ing the
<br /> temis of paymerrt orperfom�ance of all or any part of the gations;exerdse or refrain from exercising or waive any ri M or rernedy that Lender may have
<br /> under the Deed of Truat;axept ad�tional security of any kind for any of the Obligati�ons;or release or atherwise�with any real or personal
<br /> n
<br /> secu�ing the Obligations. Any person aoquiring or recor�ng evidence of any irrterest of any nature in the Properry shall be deemed, by acquiring su
<br /> Uiterest or recording any evfdsnoe thareof,to have conserrted to all or any wcf�actions by Lender.
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