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<br /> �20. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be
<br /> effective as a finanang
<br /> 'state�nerrt and a flxture filing pursuaM to the provisions of the Uniform Cormieraal Code (as adopted in the state where the real property is located)
<br /> covering fixtures,chattels,and artides of personal property now owned or hereafter attached to or to be used in connectio
<br /> n with the Pro t ther wfth
<br /> an and all re acements thereof and additions thereto the"Chattels",and Gramor here �� �
<br /> Y P� ( ) by grarrts Lender a security imerest in such Chariels. The debtor is �
<br /> the Grantor described above. This Deed of Trust will be effective as a finanang statement filed as a fixture filing with respect to all fixtures included within �
<br /> said premises and fs to be filed for record in the real estate records of each courny where any part of said premises(induding said fixtures)is situated. This
<br /> Deed of Trust shall also be effective as a finanang statemerrt 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 nnanang statement relating to this Deed of Trust shall be sufficient as a 0
<br /> financing statemerrt for any of the purposes referred to in this Paragraph. The secured party is the Lender described above. Upon demand,Gramor shall
<br /> make, execute and deliver such security agreements (as such term is defined in said Uniform Comneraal Code) as Lender at any time may deem "�
<br /> necessary or proper or required to grarrt to Lender a perfected security irrterest in the Chattels,and upon Grarrtor's failure to do so,Lender is authorized to Q'�
<br /> sign any such agreemerrt as the agerrt of Grantor. Grarnor hereby authorizes Lender to file finanang statemerns(as such term is defined in said Uniform �
<br /> Commeraal Code)with respect to the Chattels,at any time,without the signature of Grantor. Grantor will,however,at any time upon request of Lender,
<br /> sign such finanang statemerrts. Grantor will pay all filing fees for the filin�of such finanang statemerrts and for the refiling thereof at ihe times required,in 4�
<br /> the opinion of Lender,by said Uniform Cormiercial Code. If the lien of this Deed of Trust be subject to any securiry agreemerrt covering the Chattels,then
<br /> in the event of any defauft under this Deed of Trust,all the rigM,title and interest of Grantor in and to any and all of the Chattels is hereby assigned to
<br /> Lender, together with the benefit of any deposits or paymerrts now or hereafter made thereof by Gramor or the predecessors or successors in title of
<br /> Grarrtor in the Property.
<br /> 21. HEIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender,at Lender's option, may expend funds(ipcluding attomeys'fees and legal
<br /> expenses)to perform any act required to be taken by Grantor or to exerase any right or rernedy of Lender under this Deed of Trust. Upon demand,Grantor
<br /> shall immediately reimburse Lender for all such amourrts expended by Lender together with irrterest thereon at the lower of the highest raie described in any
<br /> Obligation or the highest rate allowed by law from the date of paymerrt until the date of reimbursement. These sums shall be induded in the definition of
<br /> Obligations herein and shall be secured by the benefiaal irrterest grarrted herein. If the Obligations are paid after the beginning of publication of notice of
<br /> sale,as herein provided,or in the event Lender shall,at its sole option,perMt 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 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 /> security for all such expenses and fees.
<br /> 22 APPLICATION OF PAYMENTS. The Trustee shall apply the proceeds of the trustee's sale,first,to the costs and expenses of exercising the power of
<br /> sale and of the sale,induding the�ayment 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 paymerrt of the obligation secured by the Deed of Trust,third,to the payment of junior deeds of trust,mortgages or other lienholders,and the
<br /> balance,if any,to the person or persons legally eMhled thereto.
<br /> 23. POWER OF ATTORNEY. Grantor herebyappoints Lender as its ariomey-in-fact to endorse Grantor's name on all instruments and other documents
<br /> pertaining to the Obligations or Deed of Trust. In addition, Lender shall be errthled, but not required, to perform any action or execute any document
<br /> required to be taken or executed by Grantor under this Deed of Trust. Lender'spe rfomiance of such achon or execution of such documents shall not
<br /> relieve Grantor from any Obligation or cure any defauft under this Deed of Trust. All powers of attomey described in this Deed of Trust are coupled with an
<br /> irrterest and are irrevocable.
<br /> 24. SUBROGATION OF �ENDER. Lender shall be subrogated to the rigMs of the holder of any previous lien, security iMerest or encumbrance
<br /> discharged with funds advanced by Lender regardless of whether these liens,security interests or other encumbrances have been released of record.
<br /> 25. COLLECTION COSTS. To the extent pemitted by law,Grarrtor agrees to pay Lender's reasonable fees and cosis,induding,but not limhed to,fees
<br /> and costs of attomeys and other ageMs (induding wdhout limitation paralegals, derks and consultarrts), whether or not such attomey or agerrt 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 banlwplcy,and for post-judgment collection actions.
<br /> 26. PARTIAL RELEASE. Lender may release its interest in apo rtion of the Property by executing and recording one or more Partial Deeds of
<br /> Reconveyance without affecting its irrterest in the remaining portion of the Property. Nothing herein shall be deemed to obligate Lender to release any of its
<br /> irrterest in the Properry(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 defauft under this Deed of trust. The lien and secur'rty interest created by the Deed of Trust remain in effect wiih respect to
<br /> that portion of the property,as defined in the Deed of Trust,that is not the subject of tF�is or any Partial Deed of Reconveyance
<br /> 27. MODIFICATION AND WAIVER. The modification or waiver of any of Grantor's Obligations or Lender's rights under this Deed of Trust must be
<br /> corrtained in a writing signed by Lender. Lender may perform any of Borrower's or Grantor's Obligations,delay or fail to exerase any of its rights or accept
<br /> payments from Grantor or anyone other than Grarrtor without causing a waiver of those Obligations or rigMs. A waiver on one occasion shall not constitute
<br /> a waiver on any other occasion. GraMor's Obli�ations under this Deed of Trust shall not be affected if Lender amends,compromises,exchanges,fails to
<br /> exerase,impairs or releases any of the Obligations belonging to any Grantor, Borrower or third party or any of its rights against any Grantor, Borrower or
<br /> third party or any of the Property. Lender's failure to insist upon strict performance of any of the Obligations shall not be deemed a waiver and Lender shall
<br /> have the right at any time thereafter to insist upon strict perfomiance.
<br /> 28. SUBSTITUTE TRUSTEE;TRUSTEE UABILITY;COMPENSATION. In case of the death,inability,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 Obligations 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 place and stead,the holder of the Obligations is hereby granted full power to appoint in writing a
<br /> substftute trustee for said Trustee,and the substitute trustee shall,when appointed,become 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 with all the power,duties and obligations herein conferred on the Trustee. Trustee
<br /> shall not be liable for any error of�udgmerrt or act done by Trustee, or be otherwise responsible or accountable under any dreumstances whatsoever.
<br /> Trustee shall not be personally liable in case of entry by it or anyone acting by virtue of the powers herein grarrted it upon the Deed of Trust for debts
<br /> cornracted or Uability or dama�es incurred in the mana�ement or operation of said premises: Trustee shall have the rigM to rely on any instn�ment,
<br /> documeM or signature authorizing or supporting any action taken or proposed to be taken by rt hereunder or believed by it ingo od faith to be genuine.
<br /> Trustee shall be errtitled to reimbursement for e�cpenses incurred by ft in the performance of its duties hereunder and to reasonable compensation for such
<br /> of its services hereunder as shall be rendered. Grantor will,from time to time,pay compensation due Trustee hereunder and reimburse Trustee for and
<br /> save and hold it harmless from and against any and all loss,cost,liability,damage and expense whatsoever incurred by it in the perforrr�ance of its duties.
<br /> All moneys received by Trustee shall,urrtil used or applied as hereinprovided,be held in trust for thepu rposes for which they were received,but need not
<br /> be segregated in any manner from any other moneys (except to the extent required by law)and Trustee shall be under no liability for interest on any
<br /> moneys received by it hereunder.
<br /> 29. SUCCESSORS AND ASSIGNS. This Deed of Trust shall be binding upon and inure to the benefit of Grantor and Lender and their respective
<br /> suxessors,assigns,trustees,receivers,administrators,personal represerrtatives,legatees and devisees.
<br /> 30. NOTICES. Except as otherwise required by Iaw,any notice or other cortminication 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 parties ma designate in writing from time to time. Any such
<br /> notice so given and seM by first dass mail,postage prepaid,shall be deemed given the earlier of three�3)days after such notice is sem or when received
<br /> by the person to whom such notice is being given.
<br /> 31. SEVERABILITY. Whenever possible,each provision of this Deed of Trust shall be interpreted 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 coMinue to be valid and enforceable.
<br /> 32 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 /> otherwise,Graritor consents to the jurisdiction and venue of any court selected by Lender,in its sole discretion,located in that state.
<br /> 33. MISCELLANEOUS. Grantor and Lender agree that time is of the essence. Gramor waives preserrtment,demand for payment,notice of dishonor and
<br /> protest excepl as required by law. All references to Grantor in this Deed of Trust shall indude all persons signing below. If there is more than one Grantor,
<br /> their Obligations shall be�'oim and several. This Deed of Trust represerrts the complete integrated 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 party benefldary 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 beneftt of Lender,and no third party shall Ye entitled to assume or expect that Lender will not waive or
<br /> conseM to the modification of any provision of this Deed of Trust,in Lender's sole discretion.
<br /> 36. PRESERVATION OF LIABILITY AND PRIORITY. Without affecting the liabilhy of Borrower,Grarrtor,or any guarantor of the Obligations,or any other
<br /> person(except a person expressly released in writina)for the payment andperformance of the Obligations,and without affecting the rigMs of Lender with
<br /> respect to any Property not expressly released in wrtting,and without impairing in any way the priority of this Deed of Trust over the interest of any person
<br /> acqwred or flrst evidenoed by recordmg subsequent to the recording of this Deed of Trust,Lender may,either before or after the maturity of the Obligations,
<br /> and without notice or consent:release any person liable forpaymerrt or pertormance of all or any part of the Obligations;make any agreement atlering the
<br /> terms of payment orperformance of all or any part of the Obligations;exerase or re(raln from exercising or waive any rigM or remedy that Lender may have
<br /> under the Deed of Trust;accept additional security of any kind for any of the Obligations;or release or otherwise deal with any real or personal property
<br /> securing the Obligations. My person acquiring or recording evidence of any fnterest of any nature in the Property shall be deemed, by acquiring sucf�
<br /> irrterest or recorc�ng any evidence thereof,to have conserrted to all or any such actions by Lender.
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