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. . ��9 10763�
<br /> 20. SE6URITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effective as a flnandng
<br /> .staternerd and a fixture filing pursuant to the provisfons of the Uniform Cortrnerdal Code (as adopted in the atate where the real property is located)
<br /> cowring fixtures,chattels,and artides of personal property now owned w hareatter attached to or to be used in connection with the Property together wrth
<br /> arry and ali roplacemerrts thereof and additions thereto(the"Chattels"),and Grarrtor herebygrants Lender a securiry irrterest in such Chattels. The debtor is
<br /> the Grantor described above. This Deed of Truat will be effective as a flnandng statemerrt iiled as a fixture filing wRh respect to all flxtures induded within
<br /> said promises and is to be flled for record in the real estate records of each county where any part of said premises(induc�ng said flxtures)ls shuated. This
<br /> Deed of Tn�st shall slso be effective as a finandng atatemerrt covering arry other premises and may be flled in any other eppropriate flling or reoo�ng
<br /> offlce. A carbon,photographic or other reproduction of this Deed of Truat or of any finandng atatemerrt relating to this Deed of Trust shall be suffident aa a
<br /> finandng statement for any of the purposes referred to in this Paragraph. Tha�cured perty is the Lender described above. Upon demend,Grarrtor shall
<br /> rr�eke, execute and deliver such security agreemerrts (as such term is deflnad in said Unibrm Cortmerdal Code) as Lender at any t(me may deem
<br /> neoessary or proper or required to graM to Lender a perfected security IMereat in tha Chattels,and upon Grantor's failure to do so,Lender fs audwrized to
<br /> sign any suchagreemeM as the�rt of Grantor. Grantor hereby autho�izes Lender to flle flnandng natarrerrts(as such tartn is deflned in said Uniform
<br /> Comnerdal Code)with respect to the Chattels,at any�me,wfthout the�ure of Grantor. Grantor will,hanrever,at any Ume upon request of Lender,
<br /> sign such finandng statemerrts. Grantor will pay all flling fees for the flllng of such flnandng atatements and for the reflling thereof at the times required,in
<br /> the opinion of Lender,by said Unffortn Cortmerdal Code. If the lien of this Deed of Trust ba wbject to any sacurity agreemerrt oovering the Chattela,then
<br /> in the svent of any default under this Deed of Trust,all the rigM,tRle and interest of Qrantor in and to any and all of the Chattola fs hereby assigned to
<br /> Lender,together wfth the beneflt of any deposits or paymerrts now or hereafter made thereof by Grantor or the predecessors or wcoessors in�tle of
<br /> Grantor in the Property.
<br /> 21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender,at Lender'�o on,mty expend funds(induding attomeys'fees and legal
<br /> expenses)to perfortn any act rec�ired to be taken by Grarrtor or to exerdaa any rigM or rert�y of Lender under this Deed of Trust. Upon demend,Grantor
<br /> shall irm�ediately reimburse Lender for all such amourrts expended by Lender together with irrtereat thereon at the lower of the highest rate described in any
<br /> Obligation or the highest rate allowed by Iaw from the date of payment urrtil the date of reimbursemeM. These sums shall be induded in the deflnidon of
<br /> Obligations herein and shall be secured by the benefidal irrterestgraMed herein. If the Obligations arepeid after the beginNng of publication of notice of
<br /> sale,as herein provided,or in the everrt Lender shall,at Rs sole optlon,pem�it Grarrtor to pay any pert of the Obligations after the beginning of publicatfon of
<br /> notioe of sale,as herein provided,then,Grantor shall pay on demand all expenses fncurred by the Trustee and Lender in connection wfth said pubUcaUon,
<br /> induding reasonable attomeys'fees to the attomeys for the Trustee and for the Lsnder,and a reasonable fee to the Trustee,and this Deed of Trust ahall be
<br /> security for all such expenses and fees.
<br /> 22. APPLICATION OF PAYMENTS. The Trustee ahall apply the proceeds of the truatee's sale,flrst,to the costs and expenses of exercising the power of
<br /> sale and of the sale,induding the paymerrt of the Truatee's fees actually incurred not to exceed the amourrt which may be provided for in the Deed of Truat,
<br /> second,to paymerrt of the obligation secured by the Deed of Trust,third,to the paymerrt of junior deeds of trust,mortg�es or other lienholders,and the
<br /> balance,lf any,to 1he person or persons legally entlded thereto.
<br /> 23. POWER OF ATTORNEY. Grantor herebyappoirrts Lender as fts attomey-in-fact to endorse Grantor's name on all instrumerrts and other doa�ments
<br /> pertaining to the Obligations or Deed of Trust. In addition, Lender shall be errtiNed, but notrequired, to perform any actbn or execute any doc;umerrt
<br /> rec}iired to be taken or executed by Grantor under this Deed of Trust. Lender'spe rformence of such actron or execution of such documents shall not
<br /> reUeve Grantor irom any Obligation or cure any defauft under this Deed of Trust. All pwers of aitomey descxibed in this Deed of Trust are coupled with an
<br /> irrterest and are irrevocable.
<br /> 24. SUBROGATION OF LENDER. Lender shall be subrogated to the rights of the holder of any previous lien, security irrterest or encumbranoe
<br /> �scharged wfth funds advanced by Lender regardless of whether these Ifens,secu�ity irrterests or other encumbrances have been released of record.
<br /> 2b. COLLECTION COSTS. To the exterrt pemitted by Iaw,Grantor agrees topay Lendet's reaaonable fees and costs,induding,but not IiMted to,fees
<br /> and costs of attomeys and other agents (indudin�without limita�on 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 amcurrt due or enfordng any ri�or remedy under thia Deed of Trust,whether or not
<br /> suit is brougM,induding,but not Iimited to,all fees and costs incurred on appeal,in banlvuptcy,and�or post-jud�nent collection actions.
<br /> 26. PARTIAL RELEASE. Lender may release its irrterest in apo rtion of the Property by exeafing and recording one or more Partial Deeds of
<br /> Reoorneyanoe without affecting fts interest in the remeining portion of the Property. Nothing herein shall be deemed to oblig�e Lender to release any of fts
<br /> irrterest in the Property(except as required under Paragraph 38 or as may be otherwise required by Iaw),nor shall Lender be obl(gated to release any part
<br /> of the Property if Grantor is in default under this Deed of 7rust. The lien and securitv interest cxeated by the Deed of Trust remafn in effect with respect to
<br /> that portion of the property,as defined in the Deed of Trust,that is nat the cubpct of this or any Partial Dead of Recorneyance
<br /> 27. MODIFlCA110N AND WAIVER. The modffication o►waiver of arry of Grantor's Obligations or Lender's rigMs under this Deed of Trust must be
<br /> oor►tained in a w�idng signed by Lender. Lender may pertortn any of Borrower's or Grarrtor's Obligations,delay or fail to exerdse any of its rigMa or aooept
<br /> paymems from Grantor or anyone other than Grantor without causing a waiver of those Obligations or rip�s. A waiver on one oocasion shall not constitute
<br /> a waiver on any other oxasion. Grantor's Obligations under this Deed of Trust shell not be affected if-L.ender amends, Mses,exdianges,fails to
<br /> exercise,impairs or releases any of the Obligatfons belonging to any Grantor,Borrower or ri�irdp�rty or arry of fta ri s nst any Grarrtor,Borrower or
<br /> thlyd party or any of the Property. Lender's failure to insist upon strict pertormence of any of the Obli-gations shall not�deemed a waiver and Lender shall
<br /> have the rigM at any time thereafter to ins�at upon suict perfomience.
<br /> 28. SUBSTITUTE TRU8TEE;TRUSTEE LIABIUTY;COMPENSATION. In case of tha death,inabiliry,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 Oblig�lons shall desire for any reason to remove the Truatee or any substftute truatee as
<br /> trustee hereunder and to appoiM a new trustee in his place and steaa,the holder of the Obligations is hereby granted full power to appoirrt in writing a
<br /> substitute trustee for safd Trustee,and the substitute trustee shall,when appointed,become suocessor to all rigMs of Trustee hereunder and the same shall
<br /> beoome 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�neM or act done by Trustee, or be otherwise responsible or a000urttable under any dreumstances whatsoever.
<br /> Trustee shall not be personally Ii�in case of errtry by it or anyone actlng by virtue of the powers herein ed it upon the Deed of Trust for debts
<br /> conttacted or Ifabil ordar��s incurred in the mena�emeM or operation of safd premises. Trustee have the rl�to rel on any insirument,
<br /> documerrt or signature authorizing or wpporting any action taken or proposed to be taken by h hereunder or believed bylt in fafth to be genuine.
<br /> Trustee shail be errtitled to reimbursemerrt for expenses incurred by it m the pertomience of its duties hereunder and to e compensation for such
<br /> of its servioes hereunder as shall be rendered. Grarrtor will,from time to time,pay compensaUon due Trustee hereunder and reimburse Trustee for and
<br /> save and hold h hamiless from and against any and all loss,cost,IfabilNy,dsmage and expense whatsoever incurred by it in the pertomrence of its duties.
<br /> All moneys receNed by Trustee shall,untfl 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(except to the exterrt required by law)and Trustae shall be under no liabiliry for fMerest on any
<br /> moneys received by k hereunder.
<br /> 29. SUCCESSORS AND ASSIGNS. This Deed of Tn�st shall be binding upon and inure to the beneflt of Grarrtor and Lender and their respectNe
<br /> successors,assigns,trustees,recefvers,administrators,personal represerrtatives,legatees and devisees.
<br /> 9Q NOTICES. Except as otherv►rise required by Iaw,any notice or other cormunication to be provided under this Deed of Trust shall be in wriUng 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 sem by ftrst dass mail,postage prepefd,shail be deemed given the earlier of three�3)days aiter such notice is serrt or when received
<br /> by the person to whom such notice is being�ven.
<br /> 31. SEVERABIUTY. Whenever possible,each provision of this Deed of Trust shall be irrterpreted so as to be effecNve and valid under applfcable state
<br /> Iaw. If any provision of this Deed of Trust violates the Iaw or is unenforceable,the rest of the Deed of Trust ahall coMinue to be valid and enforceable.
<br /> 32 APPUCABLE LAW. This Deed of Trust shall be govemed by the Iaws of the state where the real property fs located. Unleas applicable law provides
<br /> otherwlse,Grantor conseMs to the ju►isdictlon and venue of any court selected by Lsndar,in fts aole dis�xetion,located in that state.
<br /> SS. MISCELLANEOUS. Grantor and Lender�ree that time is of the essence. Grantor waives presentmerrt,demend for paymerrt,notice of dishonor and
<br /> protest except asrequ ired by Iaw. All references to Grarnor In this Deed of Trust shall Indude allpersons signing below. If there is more than one Grantor,
<br /> their Obligatfons shall be p' int and several. This Deed of Trust represeMs the complete iMegrated underatanding between Grantor and Lender pertaining to
<br /> the temis and conditions hereof.
<br /> 94. NO THIRD PARTY RIGHTS. No person is or shall be a thlyd party benefldary of any prOVision of this Deed of Trust. All provisions of this Deed of
<br /> Trust in favor of Lender are irrtended solely br the benefit of Lender,and no thircJ party shall be errtlUed to assume or expect that Lender will not waive or
<br /> consent to the modification of any provision of this Deed of Trust,In Lender's sole dfscretion.
<br /> 36. PRESERVATION OF UABILITY AND PRIORITY. Without affecting the liability of Borrower,Grantor,or any guarantor of the Obligations,or any other
<br /> person(excepd a person expressly released in writina)for the payrt�ent andperfomience of the Obligations,and without affecting the rigMs of Lender with
<br /> respect to any Property not expressly released ln wrrtfng,and witF�out impairing in any way the priority of this Deed of Trust over the irrterest of any person
<br /> acquired or flrat evidenoed by recording subsequerrt to tF�e recording of thia Deed of Trust,Lender may,either before or after the maturtry of the Obfigations,
<br /> and without notioe or consent:release any person Ifable forpaymerrt or perfom�anoe of all or any part of the Obligatlons;mek�e any agreement altering the
<br /> tem�s of paym�t or�perfom�ence of all or any pert of the Obligations;exerdse or refrain from exerdsing or wabe arry rf M or remedy that Lender may have
<br /> under the deed of Trust;accept additional security of any Idnd for any of the Obll�ons;or release or atherwiae�wfth any real or personalproperty
<br /> sea��ing the Obligatlons. My person acquiring or recor�ng evidence of any irnerest of any nature in the Properry shall be deert�d, by acquiring suc�
<br /> irrterest a recording any svidence thereof,to have oonsented to all or any wcfi acdons by Landar.
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