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, �9 107335
<br /> Z0. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effeclive as a finanang
<br /> statement and a fixture filing pursuarrt to the provisions of the Uniform Commeraal Code (as adopted in the state where the real property is located)
<br /> cavering 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 grarrts Lender a sea�rity interest in such Chattels. The debior is
<br /> ihe Grarnor descxibed above. This Deed of Trust will be effective as a finanang statement filed as a fixture filing with respect to all fixtures induded within
<br /> said premises and is to be filed for record in the real estate records of each courrty where any part of said premises(induding said fixtures)is situaled. This
<br /> Deed of Trust shall also be effective as a finanang statement 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 statemern relating to this Deed of Trust shall be suffiaerrt 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,Grantor shall
<br /> make, execute and deliver such securiry agreemerrts (as such term is defined in said Uniform Corrmeraal Code) as Lender at any time may deem
<br /> necessary or proper or required to grarrt to Lender a perfected securiry 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 Grarrtor. Grantor hereby authorizes Lender to file finanang statemerris(as such term is defined in said Uniform
<br /> Corm�ercial Code)wilh respect to the Chattels,at any time,wiihout the signature of Gramor. Grarrtor will,however,at any time upon request of Lender,
<br /> sign such financing statements. Grantor will pay all filing fees for the filing of such finanang statements and for the reflling thereof at the times required,in
<br /> the opinion of Lender,by said Uniform Comrneraal Code. If the lien of this Deed of Trust be subject to any securKy agreemerrt cove�ing the Chattels,then
<br /> in the everrt of any defauft under this Deed of Trust,all the rigM,title and imerest of Grantor in and to any and all of the Chattels is hereby assigned to
<br /> Lender,together with the benefrt of any deposits or paymerrts now or hereafter made thereof by Grantor or the predecessors or successors in tftle of
<br /> Grarrtor in ihe 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 exerase any rigM or rernady of Lender under this Deed of Trust. Upon demand.G�antor
<br /> shall irrrnediately reimburse Lender for all such amourrts 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 reimbursemerrt. These sums shall be included in the definition of
<br /> Obligations herein and shall be secured by the benefiaal irrterest graMed herein. If the Obligations are pald after the beginning of publication of notice of
<br /> sale,as herein provided,or in the everrt Lender shall,at its sole option,perrrit Grarrtor to pay any part 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 Tn�stee and Lender in connection with said publication,
<br /> induding reasonable attomeys'fees io 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 APPLICATION OF PAYMENTS. The Trustee shall apdy the proceeds of the trustee's sale,first,to the costs and expenses of exercising the power of
<br /> sale and of the sale,including the payment of the Trustee's fees actually incurred not to exceed the amount which may be provided for in the Deed of Trust,
<br /> second,to paymern of the obligation secured by the Deed of Trust,third,to the paymerrt 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. Grantor herebyappoirns Lender as its attomey-in-fact to endorse Grantor's name on all instrumerrts and other documerrts
<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 document
<br /> required to be taken or executed by Grarnor under this Deed of Tnist. Lender'spe rfomiance of such action or execution of such documents shall not
<br /> reheve Grantor from any Obligation or cure any defautt under this Deed of Trust. All powers of attomey descxibed in this Deed of Trust aze coupled with an
<br /> interest and are irrevocable.
<br /> 24. SUBROGA?10N OF LENDER. Lender shall be subrogated to the rigMs of the holder of any previous lien, security irrterest or encumbrance
<br /> discharged with funds advanced by Lender regardless of whether these Ifens,security irrterests or other encumbrances have been released of record.
<br /> 25. COLLEC710N COSTS. To ihe extent pemitted by law,Grantor agrees to pay Lender's reasonable fees and costs,induding,lwt not limited to,fees
<br /> and costs of attomeys and other agerrts (indudinQ wrthout limitation paralegals, derks and consultarrts), whether or not such attomey or agerit is an
<br /> employ�e of Lender,which are incurred by Lender in collecting any amount due or enforang any right or remedy under this Deed of Trust,whether or not
<br /> suit is brougM,induding,but not limited to,all fees and costs incurred on appeal,in banlwptcy,and for post-judgmerrt collection actions.
<br /> 26. PARTIAL RELEA3E. Lender may release its iMerest in apo rtion of the Property by executing and recording one or more Partial Deeds of
<br /> Reconveyance without affecting its imerest in the remaining portion of the Property. Nothing herein shall be deemed to obligate Lender to release any of its
<br /> irnerest in the Property(except as required under Paragraph 38 or as may be otherwise reqwred by law),nor shall Lender be obligated to release any part
<br /> of the Property if Grantor is in defauR u�der this Deed of 7rust. The lien and sec:ur'rty interest 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 Daed of Reconveyance
<br /> 27. MODIFICATION AND WAIVER. The modification or waiver of any of Grantor's Obligations or Lender's riphts under this Deed of Trust must be
<br /> contalned in a writing signed by Lender. Lender may perform any of Borrower's or Grarrtor's Obligations,delay or fa�l to exerase any of its rigMs or accept
<br /> payments from Grarrtor or anyone other than Grarrtor without causing a waiver of those Obligations or rights. A waiver on one oxasion shall not constitute
<br /> a waiver on any other occasion. Grarrtor's Oblipations under this Deed of Trust shall not be affected if Lender amends,compromises,exchanges,fails to
<br /> exerase,impairs or releases any of the Obligaiions belonging to any Grantor,Borrower or thirdparty or any of its rigMs against any Grantor,Borrower or
<br /> third party or any of the Property. Lender's failure to insist upon strict perfom�ance of any of the Obligations shall not be deemed a wanrer and Lender shall
<br /> have the ngM at any time thereafter to insist upon strict performance.
<br /> 28. SUBSTITUTE TRUSTEE;TRUSTEE LJABIUTY;COMPENSATION. In case of the death,inability,refusal to act or absence of the Trustee irom 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 substhute trustee as
<br /> trustee hereunder and to appoint a new trustee in his plaoe and stead,the holder of the Obligations is hereby grarrted full power to appoirrt in writing a
<br /> substitute trustee for said Trustee,and the substitute trustee shall,when appoiMed,become suxessor to all rights of Trustee hereunder and the same shall
<br /> become vested in him for the purposes and objecls of this Deed of Trust with all the power,duties and obifgations herein conferred on the Trustee. Trustee
<br /> shall not be liable for any error of�dgmerrt or act done by Trustee, or be otherwise responsible or axouMable under any arcumstances whatsoever.
<br /> Trustee shall noi be personally liable in case of errtry by it or anyone acting by virtue of the powers herein grarrted it upon the Deed of Trust for debts
<br /> contracled or liabilily or dama�es incurred in the managemerrt or operation of said premises. Trustee shall have the rigM to rel on any instrument,
<br /> documern or signature authorizing or supporting any action taken or proposed to be taken by it hereunder or believed by it in 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 reason e compensaiion for such
<br /> of its services hereunder as shall be rendered. Grarrtor will,from time to time,pay compensation due Trustee hereunder and reimburse Trustee for and
<br /> save and hold it ham�less f�om 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,urrtil used or applied as hereinprovided,be held in trust for thepurposes for which they were receNed,but need not
<br /> be segregated in any manner from any other moneys (except to the exterrt required by law) and Trustee shall be under no liability for irrterest 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 /> suxessors,assigns,trustees,receivers,administrators,personal represerdatroes,legatees and devisees.
<br /> 90. NOTICES. Exoept as otherwise required by law,any notice or other cortm�nication 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 perties ma designate in writing from time to time. My such
<br /> notice so gnren and sent by flrst dass mafl,postage prepaid,shall be deemed given the earlier of three�3)days after such nobce is sern or when received
<br /> by the person to whom such notice is being given.
<br /> 31. SEVERABIUTY. 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 corrtinue to be valid and enforceable.
<br /> S2 APPUCABLE 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 /> othervvise,Grarrtor conserrts to the jurisdiction and venue of any court selected by Lender,in fts sole discretion,located in that state.
<br /> 33. MISCELLANEOUS. Grantor and Lender agree that time is of the essence. Graritor waives presernmem,demand for payment,notice of dishonor and
<br /> protest except asrequired by law. All references to Grantor in this Deed of Trust shall indude all persons signing below. If there is more than one Grarrtor,
<br /> their Obligations shall be p' int and several. This Deed of Trust represents the complete irrtegrated understanding between Grantor and Lender pertaining to
<br /> the terms and conditions hereof.
<br /> 34. NO THIRD PARTY RIGHTS. No person is or shall be a third parry beneficiary of any provision of this Deed of Trust. All provisions of this Deed of
<br /> Trust in favor of Lender are intended solely for the bene�t of Lender,and no thfrd paAy shall re eMitled to assume or expect that Lender will not waive or
<br /> conserrt to the modification of any provision of this Deed of Trust,in Lender's sole discretion.
<br /> 35. PRESERVATION OF LIABILITY AND PRIORITY. Wtthout affecting the liability of Borrower,Grarnor,or any guarantor of the Obli$ations,or any other
<br /> person(except a person expressly released in writina)for the paymerrt andperformance of the Obligations,and without affecting the ngMs of Len�r with
<br /> respect to any Property not expressly released in wrrting,and without impairing in any way the priority of this Deed of Trust over the irrterest of any person
<br /> acquired or first evidenced by record�ng subsequent to the recording of this Deed of Trust,Lender may,either before or after the maturity of the Obligations,
<br /> and wtthout notice or consern:release any person liable forpaymern or performance of all or any part of the Obligations;meke any agreemern altenng the
<br /> temis of paymem orperformance of all or any part of the Obligations;exerdse or refrain from exeroising or waive any rigM or rert�edy that Lender may have
<br /> under the Deed of Trust;aa;ept additional security of any kind for any of the Obligations;or release or otherwise deal wRh any real or personal property
<br /> securing the Obligations. My person acquiring or recorc�ng evidence of any irrterest of any nature in the Property shall be deemed, by acquiring sucF�
<br /> irrterest or recording any evidenoe thereof,to have conserned to all or any sucF�actions by Lender.
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