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<br /> 20. SECURITY INTEREST UNDER 7HE UNIFORM COA�IIIERCIAL CODE Th(s Deed of Trusi shall be considered and be effective as a finandng
<br /> statement and a flxture filing pursuarrt to the provisions of the Unfform Commerdal Code (as adopted (n the state where the real property is located)
<br /> oovering fixwres,chattels,and artides ofpersonal property now owned or hereafter attached to or to be used in connectfon with the Property together wtth
<br /> any and all replaoemems thereof and additiona thereto(the"Chattels'�,and Grantor hereby�s Lender a security irrterest in such Chattels. The debtor is
<br /> the GraMor deacribed above. This Deed of Trust will be effective as a flnandng statert�nt led as a fixture flling with respect to all fixtures induded wfthin
<br /> said premises and is to be flled for record in the real estate recorda of each courrty where any pert of sefd premises(induding sald fixtures)is situated. This
<br /> Deed of Trust shall also be effectNe as a finandng statement covering any other preMaes and may be flled in any other appropriate flling or recording
<br /> otflce. A carbon,photographic or other reproduction of this Deed of Trust or of any flnandng statemerrt relating to this Deed of Trust shatl be suffideM as a
<br /> flnandng statemerrt for any of the purposes referred to in thia Paragraph. The secured party is the Lender described above. Upon demand,Grantor shall
<br /> meke, execute and deliver such securiry agreert�ertts (as such tertn Is deflned in said Uniform Corm�rdal Code) as Lender at any time may deem
<br /> necessary or proper or required to grant to Lender a perfected security Intarest in the Chattels,and upon Orantor's faliure to do so,Lender is autho�ized to
<br /> si�any suchagreemerrt as the agerrt of Grantor. Grantor hereby authorizes Lender to flle flnandng statemerrts(as such tertn is deflned in said Uniform
<br /> CortYr�dal Code)with respect to the Chattels,at any time,without the signature of Grantor. Grarrtor will,however,at arry tirr�upon request of Lender,
<br /> sign such flnandng statements. Grarrtor will pay alt flling fees for the flling of such flnandng statemeMs and for the reflling thereof at the times required,in
<br /> the opinfon of Lender,by said Uniform Commerdal Code. If the lien of this Deed of Trust be subject to any securfty agreemerrt covering the Chattels,then
<br /> in the everrt of any default under this Deed of Trust,all the rigM,title and irrterest of Grantor in and to any and all of the Chattels is hereby assfgned to
<br /> Lender,together wfth the benefit of any deposits or paymerrts now or hareafter made thereof by Grantor or the predeoessors or suooessors in title of
<br /> Grantor in the Propetly.
<br /> 21. REIMBURSEAAENT OF AMOUNTS EXPENDED BY LENDER. Lender,at Lender's o ion,may expend tunds(induding attomeys'fees and legal
<br /> expenses)to perform any�t required to be taken by Graritor or to exerdse any rigM w re of Lender under thfs Deed of Trust. Upon demand,Grantor
<br /> shall imnediately reimburse Lender for all such art�ounts expended by Lender together wfth irrterest thereon at the lower of the highest rate descxibed in any
<br /> Obligation or the highest rate allowed�y Iaw from the date of payrt�ent urrtil the date of reimburaement. These sums shall be induded in the definftion of
<br /> Obiigations herein and shall be secured by the benefldal Irrterest�anted herein. If the Obligations are paid after the beginning of publication of notice of
<br /> sale,as hereln pro�rided,or in the eveM Lender shall,at Rs sole op�ion perMt Grantor to pay any part of the Obiigatlons after the beginning of publicaUon of
<br /> natice of sale,as herein provided,then,Grantor shall pay on dert�er►d all expenses incurred by the Trustee and Lender in connection with said publication,
<br /> induding reasonable attomeys'fees to the attomeys for the Trustee and for the Lender,and a reasonable fee to the Trustee,and this Deed of Trust shali be
<br /> security for all such e�enses and fees.
<br /> 22 APPUCATION OF PAYMENTS. The Trustee shall applv the proceeds of the trustee's sale,ftrst,to the costs and expenses of exerdsing the power of
<br /> sale and of the sale,induding thepaymerrt of the Trustee's fees adually incurred not to exoeed the amourtt whlch may be provided for in the Deed of Trust,
<br /> second,to payrrierrt of the obligation secured by the Deed of Trust,third,to the paymerrt of junior deeds of trust,mortgages or other Ilenholders,and the
<br /> balence,ff any,to the person or peraons legally emftied thereto.
<br /> 23. POWER OF ATTORNEY. Grantor herebyappoirrts Lender as its attomey-in-fact to endorse Grantors name on all inatruments and other documerrts
<br /> pertaining to the Obligations or Deed of Trust. In addiNon, Lender shall be eMitled, but notrequired,tope rtorm any action or execute any document
<br /> required to be taken or executed by GraMor under this Deed of Trust. Lender'spe rformence of such action or execution of such documerrts shall not
<br /> relieve Grantor irom any Obligation or cure any defautt under this Deed of Trust. Alf pwers of attomey desaibed fn this Deed of Trust are coupled wfth an
<br /> irrterest and are frrevocable.
<br /> �4. SUBROGATION OF LENDER. Lender shall be subrogated to the rigMs of the holder of any previous lien, security irrterest or encumbranoe
<br /> �scharged wiih funds advanced by Lender regardless of whether these Ifens,securiry irrterests or other encumbrances have been released of record.
<br /> 26. COLLECTION COSTS. To the exterrtpemitted�y law,Grantor aprees to pay Lander'a reasonable fees and costs,indu�ng,but not limtted to,fees
<br /> and costs of attomeys and other agerrts (indu�ng without Iimitation peralegals, derks and consuftants), whether or not such attomey orage rrt is an
<br /> employee of Lender,which are incurred by Lender in oollecting any amourrt due or enforcing any ris�t 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,fn banlwptcy,and Tor post-judpmerrt collection actions.
<br /> 26. PARTiAL RELEASE Lender may release its irrterest in aportion of the Property by executing and reco�ng one or more Partial L�eeds of
<br /> Reoorneyance without affecting its iMerest in ri�e remeining portion of the Property. Not ih ng herein ahall be deemed to obligate Lender to release any of Rs
<br /> irrierest in the Property(except as required under P 38 or as may be otherwise rec�ired by Iaw),nor shall Lender be obligated to release any part
<br /> of the Property if Grantor is in default under this Deed of rust. The Ilen and�rity interest�xeated by the Deed of Tn�rt remain in effect with respect to
<br /> that portion of the property,aa deflned in the Deed of Trust,that is not the aubject of this or any Partial Deed of Recorneyanoe
<br /> 27. MODIFICATION AND WAIVER. The modiflcation or wai�rer of any of Grantor's Obligatlons or Lender's ris�Ms under this Deed of Trust must be
<br /> contained in a wrlGng signed by Lender. Lender may perform any of Borrower's or Grantor's Obligations,delay or fail to exeroise any of fls rigMs or axe
<br /> payments from Grantor or anyone other than Grantor without causing a waiver of those Obligations or rip�s. A waiver on one occasion shall not constitute
<br /> a waiver on any other occasion. Grantor's Obligations under this Deed of Trust shall not be affected if�Lender emends,co mises,exchanges,fails to
<br /> exerdse,impeirs or releases any of U�e Obligatfons belonging to any Grantor,Borrower or third party or any of Rs ripMs nst any Grantor,Borrower or
<br /> third psrty or any of the Property. Lsnder's failure to insist upon aMct perfom�ance of any of the Obligations shall not be deemed a waiver and Lender shall
<br /> have the r(gM at any tima thereafter to insist upon strict perfom�enoe.
<br /> 28. SUBSTITUTE TRUSTEE;TRUSTEE LIABILITY;COMPENSATION. In c�se of the death,inability,refusal to act or abaence of the Truatee from the
<br /> atate where the real property is located or in case the holder of the Obli�tlons 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 pl�e and stea�,the holder of the Obligatfons is hereby�anted full power to appoim in writing a
<br /> substitute trustee for said Trustee,and the substitute trustee shall,when appoirrted,becorr�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 wfth all thepower,duUes and obligations herefn oonferred on the Trustee. Trustee
<br /> shall not be Ilable for any error of�dpmem or act done by Trustee, or be othervvise respcxislble or socountable under any dreumstances whatsoever.
<br /> Tnistee shall not be personally Ilable fn case of entry by h or anyone acUng by viAue of the powers herein grarrted it upon the Deed of Trust for debts
<br /> contracted or liabilfty or darr�eaes incurred in the menagemeM or operation of said premises. Trustee shall have the rip�to rely on any instrument,
<br /> document or signature authorizing or supporting any actfon taken or proposed to be taken by it hereunder or believed bylt in good fafth to begenuine.
<br /> Trustee shall be errtRled io reimbursemerrt for e ses incurred by it in the pertortnence of its duties hereunder and to reasonable compensation for such
<br /> of its services hereunder as shali be rendered.�rarrtor will,from time to time,pay compensation due Trustee hereunder and reimburse Trustee for and
<br /> save and hold ft harmless irom and�ainst any and all loss,cost,Ilabiliry,demage and expense whatsoever incurred by ft in the perfomiance of fts duties.
<br /> All moneys received by Trustee shall,uMil used or applied as herein provided,be held in trust for thepurposes for which they were received,but need not
<br /> be segregated in any menner from any other moneys(exceprt to tFie extent required by Iaw)and Trustee shell be under no Ilabfliry for irrterest on any
<br /> moneys received by It hereunder.
<br /> 29. SUCCESSORS AND ASSIGNS. Thts Deed of Trust shall be bin�n9 upon and inure to the benefit of Grantor and Lender and their respective
<br /> wxesao�s,aasigns,trustees,reoeivers,administrators,personal represeMatNes,legatees and devisees.
<br /> 90. NOTICES. Exoept as otherwise required by law,any notice or other oormunication to be provided under this Deed of Trust shall be in wrlUng and sern
<br /> to the parties at the addresaes described fn this Deed of Trust w such other address as the parties ma designate in writing from time to tfine. My such
<br /> notice so gNen and serrt�y first dass maf�,postage prepaid,shatl be deemed given the earlier of three�3)days aiter such notice is seM or when received
<br /> by the person to whom such notice is being�ven.
<br /> 81. SEVERABILITY. Whenever possible,each provfsion of this Deed of Trust shall be iMerpreted 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 D�ed of Trust shall be govemed by the laws of the atate where the real property is located. Unless applicable Iaw provides
<br /> otherwise,Grantor conserrts to the jurisdiction and venue of any court selected by Lender,in its sole discreUon,located in that state.
<br /> 33. N9SCELLANEOUS. Grantor and Lender egree that Ume is of the essence. Grantor walves presentment,demend for payment,notice of dishonor and
<br /> protest except asrequ ired by Iaw. All references to Grantor in thfs Deed of Trust shall indude allpersons signing below. If there is more than one GraMor,
<br /> their Obligatioons shall be p' 1nt and several. Thls Deed of Tn�st represents the oomplete iMegrated underatanding between Grantor and Lender pertaining to
<br /> the terms and condidons f�ereof.
<br /> 94. NO THIRD PARTY RIGHTS. No peraon is or shall be a third party benefldary of anypro vision of this Deed of Trust. All provisions of this Deed of
<br /> Tn�st in favor of Lender are(rrtended solely fa the benefrt of Lender,and no thirdparty shall be eMftled to assume or expect that lender w(II not walve or
<br /> oonserrt to the rtadiflcation of eny provision of this Deed of Trust,in Lender's sole dfscxetion.
<br /> S6. PRESERVA?lON OF LIABIUTY AND PRIORITY. Without affec8ng the liability of Borrower,Grantor,or any guararrtor of the Obli�ations,or any other
<br /> person(except a person expressly released in writing)for the paymerrt and performance of the ObligaUons,and wfthout affecting the ngMs of Lender wfth
<br /> respect to any Properry not expressly released in writing,and without impainng in an��yway the priority of this Deed of Trust over the interest of a�ny person
<br /> acquired or firat evidenoed 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 wfthout notke or conserrt:release any person liable forpeymerrt or pertom�ance of all or any part of the Obligations;make anyagree merrt altering the
<br /> tem�of payr�t or�ertormence of all or any pert of the Obligations;exerdse or refrain from exeroising or waive any ri or remedy that Lender may F�ave
<br /> under ihe Deed of Trust;accept additional securiry of any kind for arry of the Obligation:;or release or otherwise�wRh an real or personal
<br /> securing the ObligaUo�a. My person aoquiring or reoording evidence ofarry ir�terest of any nature in the Property shall be
<br /> irrterest or reoor�ng a►iy evfdence thareof,to have conaented to all or any wcfi actlons by Lander. ' ��+�9�
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