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' ' 99 107528
<br /> 20. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE This Daed of Trust ahall be considered and be effective as a finandng
<br /> . statement and a fixture filing purauarrt to the provisions of the Unifortn Comneraal Code (as adopted in the state where the real property is located)
<br /> covering flxtures,chariels,and artides of personal property now owned or hereafter�ed to or to be used in connecNon with the Property together with
<br /> any and all replaoernants thereof and additions thereto(the"Chattels"),and Grantor hereby grants Lender a sacurfty irrterest In such Chattels. The debtor is
<br /> the Grantor described above. This Dsed of Trust will be effective as a flnandng statement filed as a flxture flling wfth respect to all flxtures induded within
<br /> said premises and is to be filed fw record in the real estate records of each courrty where any part of said premises(induding said flxtures)is sftuated. This
<br /> Deed of Tn�st shall also be effective as a flnandng statemerrt oovering any other premi�ea and may be flled in any other appropriate flling or recor�ng
<br /> office. A carbon,photographic or other reproduction of this Deed of Trust or of any flnandng statement relating to this Deed of Trust shall be suffident as a
<br /> finandng statement br any of the purposes referred to in th1s Paragraph. The secured psrty is the Lender described above. Upon demend,Grantor shall
<br /> make, execute and delber wch security agreements (as such tertn is deflned in caid Uniform Comnardal Code) as Lender at any time may deem
<br /> neoessary or proper or required to grant to Lender a perfected security(rrtaron in the Chattels,and upon Grarrto�'s failure to do so,Lender is authorized to
<br /> sign any suchagreemerrt as the agerrt of Grarrtor. C3rantor hereby authorizes Lender to flla flnandng stataments(as such term is deflned in sald Unifortn
<br /> Comnerdal Code)wRh respect to the Chattels,at any Ume,without tha signature of Grantor. Grantor wlll,however,at any tfine upon request of Lender,
<br /> sign such flnandng statements. Grantor will pay all filing fees for the flling of such financc;ing statementc and for the refiling thereof at the times required,in
<br /> the opinion of lender,by said UNfortn Commerdal Code. If the lien of this Deed of Trust be wbject to any securiy agreemerrt covering the Chattels,then
<br /> in the everrt of any default under this Deed of Trust,all the right,UUe and iMerest of GraMor in and to any and all of the Chattels is hereby asslgned to
<br /> � Lender,together with the benefit of any deposits or paymerrts novn or hareafter made thereof by Grarrtor or the predecessors or suxessors in title of
<br /> Grantor in ihe 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 perfortn any act rec�ired to be taken by Grantor or to exerdse any rigM or rert�y of Lender under this Deed of Trust. Upon demend,Grantor
<br /> shall imrbdiately reimburse Lender for all such amourns expended by Lender together with irrterest thereon at the lower of the highest rate described in any
<br /> ObUgation or the hi�est rate allowed by Iaw from the date of payment urrtil the date of reimburserr�ent. These sums shall be induded in the definit(on of
<br /> ObligaUons herefn and shall be secured by the benefldal irrterestg�t ed herein. If the Obligations arepa�d after the beginning of publication of notice of
<br /> I sale,as herein provided,or in the everrt l.ender shall,at fts sole optlon,pamtt Grarrtor to pay any part of the Obligations after the beginning of publicatfon of
<br /> notice of sale,as herefn provlded,then,Grantor ahall pay on demand 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 shall be
<br /> securiy for all such expenses and fees.
<br />, 22 APPLJCATION OF PAYMENTS. The Trustee shall�y the proceeds of the trustee's sale,first,to the costs and expenses of exerdsing the power of
<br /> sale and of the sale,induding thep ymerrt of the Trustee's ees actualty incurred not to exceed the amourrt which may be provided for in the Deed of Trust,
<br /> seoond,to payment of the obtigatiOn secured by the Deed of Trust,th(rd,to the pa�mierrt of junior deeds of trust,mortgages or other lienholders,and the
<br /> balance,if any,to the person or persons legally entitled thereto.
<br /> 2S. POWER OF ATTORNEY. Grazrtor herebyappoirrts Lender as its attomey-in-fact to endorse Grarrtor's name on all instrumerrts and other documerrts
<br /> pertaining to the Obligations or Deed of Trust. In addition, Lender shatl be errtitled, but notrequired,top�ortn any action or execute any documerrt
<br /> required to be taken or executed by Grarrtor under thia Deed of Trust. Lender'spe rformance of such acdon or e�cecution of such documerrts ahall not
<br /> relieve Grantor from any Obligation or cure any ckfauR under this Deed of Trust. All pwers of attomey descxibed in thia Deed of Trust are coupled with an
<br /> itrterest and are irrevocable.
<br /> 24. SUBROGATION 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 Ilens,securiry irrterests or other encumbrances have been released of record.
<br /> 2b. COLLECTION�OSTS. To the exterrt pemiited by Iaw,Grantor agraes to pay Lender's reasonable fees and costs,Induding,but not Iimited to,fees
<br /> and costs of attomeys and other agents (tnduding without Iimftation paralegals, derks and consultants), whether or not such attomey or agerrt is an
<br /> employee of Lender,which are incurred by Lender In collecting any amouM due or enforcing any right or rert�dy under this Deed of Trust,whether or not
<br /> wit is brougM,induding,but not limited to,all fees and oosts incurred on appeal,in benlvuptcy,and for post-judgmerit collection actions.
<br /> 26. PARTIAL RELEASE Lender may release fts iMerest in a portion of the PrAperty by executlng and recording one or more Partial Deeds of
<br /> Reoorneyance without affecting its irrterest in the remeining portion of the Property. Nothing herein shall be deemed to obligate Lender to release any of fts
<br /> irrterest in the Property(except as required under Para�rap�38 or as may be otherwise requ(red by law),nor shall Lender be obligated to release any part
<br /> of the Property if Grantor is in defauft under this Deed of 7rust. The lien and secu�y lrrterest created by the Deed of Trust remain in effect with respect to
<br /> that portion of the property,as defined in the Deed of T►ust,that is not the wbject of this or any Partial Deed of Reconveyance
<br /> 27. MODIFICA710N AND WAIVER. The modiflcation or waiver of any of Grantor's Obligations or Lender's rigMs under this Deed of Trust must be
<br /> coMained in a writing signed by Lender. Lender may perform any of Borrower's or Grantor's Obligations,delay or fail to exerdae any of its rigMs or axept
<br /> paymerrts from Grarrtor or anyone other than Grantor without causing a waiver of those Obllgations or riphts. A waiver on one oxasion ahall not constitute
<br /> a walver on any other oocaalon. Grantor's Obligstions under thls Deed of Trust shall not be affected ifZ.ender amends,co mises,exchanges,fails to
<br /> exercise,irtpeirs or releases any of the Obligatfons belon�ng to any Grantor,Borrower or thlyd party or any of its rigMs nst any Grantor,Borrower or
<br /> third party or any of the Property. Lender's failure to insfat upon strict performance of any of the Obligations shali not be deemed a waiver and Lender shall
<br /> have the rigFrt at any time thereafter to insist upon strict pertomienoe.
<br /> 28. SUB371TUTE TRUSTEE;TRU8TEE LIABIUTY;COMPENSATION. In case of the death,inabiliry refusal to act or absence of the Trustee from the
<br /> state where the real property(s located or in case the holder of the Obl�' ns 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 place and steaa,the holder of the Obligations is hereby granted full power to appoirrt in writing a
<br /> wbatRute trustee for said Tn�stee,and the substitute trustee shall,when appoirrted,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 the power,duties and obligations herein conferred on the Trustee. Trustee
<br /> shall not be liable for any error of�ud�ment or act done by Trustee, or be otherwise responsible or acoountable under any arcumstances whatsoever.
<br /> Trustee shall not be personally liable�n case of errtry by it or anyone ac�ing by vlrtue of the prnnrers hereingranted h upon the Deed of Trust for debts
<br /> corrtracted or liability or dama�es incurred in the managemerrt or operation of said premises. Trustee shall have the ri�to rely on any instrumeM,
<br /> document or signature authorizmg or supporting any a ion taken or proposed to be taken by h hereunder or believed bylt in good faith to be genuine.
<br /> Trustee shall be eMkled to reimbursement for expenses incurred by ft in the performance of fts duties hereunder and to reasonable compensation for such
<br /> of its services hereunder as shall be rendered. Grantor will,from time to Ume,pay compensat(on due Trustee hereunder and reimburse Trustee for and
<br /> save and hdd it hamilesa from and�efnst any and all loss,cost,liabiliry,dertgge and expense whatsoever incurred by it in the perfom�ance of its duties.
<br /> All moneys received by Trustee ahall,urrtil used or applied as herein�royI� 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 tf�e exter�t required by law)and Trustee shall be under no Ilabiliry for lrrterest on any
<br /> moneys received by it hereunder.
<br /> 29. SUCCESSORS AND ASSIGNS. This Deed of Trust ahall be bin�ng upon and inure to the benefit of Grantor and Lender and their respective
<br /> successo�s,assigns,trustees,receNers,administrators,personal representaUves,legatees and devisees.
<br /> 30. N0710ES. Except as otherwise required by Iaw,any notice or other cortYnrnicaUon 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. My such
<br /> notice so given and serrt bv fint dass mail,postage prepaid,shall be deemed given the earlfer of three�3)days after such notioe is sent or when received
<br /> by the person to whom suc'h notice is being given.
<br /> S7. SEVERABILIIY. Whenever possible,each provision of this Deed of Trust shall be irrterpreted so as to be effective and val(d under applicable state
<br /> Iaw. 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 APPLICABLE LAW. This Deed of Trust shall be govemed by the Iaws of the state where the real property is located. Unless applicable law provides
<br /> otherwise,Grantor consents to the jurisdiction and venue of any court selected by Lender,in its sole disaetton,located in that state.
<br /> S3. NYSCELLANEOUS. Grantor and Lender agree that tirne ia of the essence. Grantor wafves presernmerrt,demend for paymerrt,notice of dishonor and
<br /> protest except asreq uired by Iaw. All references to Grantor in this Deed of Truat shall indude all persona signing below. If there is more than one Grantor,
<br /> their Obligat(ons shall be p' int and saveral. Th1s Deed of Trust representc the complate irnegratod underatanding between Grantor and Lender pertaining to
<br /> the tertns and conditlons hereof.
<br /> 94. NO THIRD PARTY RIGHTS. No person is or shall be a third party benefldary of anyprovision of this Deed of Trust. All provisions of this Deed of
<br /> Tn�st in favor of Lender are irrtended solely for the beneflt of Lender,and no thirdp�ty shall be ent�led to assume or expect that Lender will not waive or
<br /> conserrt to the mo�flcation of any provision of this Deed of Trust,in Lende�'s sole dcaetion.
<br /> S6. PRESERVA710N OF UABIlJTY AND PRIORITY. Without affecting the liabiliry of Borrower,Grantor,or any guarantor of the ObUgations,or any other
<br /> person(except a person expressly released in writins�)for the paymerrt andpertom�snce of the ObligaUons,and without affecting the rigMs of Lender with
<br /> respsct to any Property not expressly released in w�(ng,and without impafrfng in any way the priority of this Deed of Trust over the irrterest of any person
<br /> a�uired or flrat evidenced by reoording subsequerrt to the reoording of this Daed of Trust,Lender may,either before or aiter the maturiry of the Obligations,
<br /> and without notice or conserrt:release any person Ilable forpaymerrt or partom�enoe of all or any pert of the Obligations:make anyegreement altering the
<br /> tertns of payrt�t orperformance of all or any part of the Obligations;exerdse or refrain from exerasing or weive any ri or remedy that Lender may Fiave
<br /> under the Deed of Trust;accept additional secu�ity of any Idnd for any of the Obliga�ons;or release or othervvise de�with any real or personal
<br /> securing the Obligatlons. Arry person acquiring or recording evidencs of any irrterest of any nature in the Property shall be deemed, by aoqui ng su
<br /> interest or reoo►ding any svidenca thareof,to have oonarrted to all or any wcf�actlons by Lender.
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