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<br /> 20. SECUR1TY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effective as a finanang
<br /> statement and a fixture filing pursuant to the provisions of the Unifortn Commeraal 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 conneclfon with the Property together with
<br /> any and all replacemems thereof and additions thereto(the"Chattels"),and Grantor hereby grarrts Lender a security iMerest in such Chattels. The debtor is
<br /> the Grantor described above. This Deed of Trust will be effective as a flnanang statemerrt filed as a fixture�ling whh respect to all flxtures 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 situated. This
<br /> Deed of Trust shaN also be effective as a flnanang 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 finanang statemerrt relating to this Deed of Trust shall be suffiaer►t as a
<br /> finanang statemeM for any of the purposes referred to in this Paragraph. The secured party is the Lender described above. Upon demend,Grantor shall
<br /> meke, execute and deliver such security agreemerrts (as such term is defined in sa(d Uniform Corrxneraal Code) as Lender at any time may deem
<br /> necessary or proper or required to grant to Lender a perfected securfty irnerest in the Chattels,and upon Grantor's failure to do so,Lender is authorized to
<br /> sign any such agreemeM as the agent of GraMor. Grarrtor hereby authorizes Lender to file finandng statements(as such term is defined in said Uniform
<br /> Cormiercial Code)wfth respect to the Chanels,at any time,without the signature of Grantor. Grantor will,however,at any time upon request of Lender,
<br /> sign such finanang statemerrts. Grarrtor will pay all filing fees for the filing of such finanang statemerrts and for the refifing thereof at the times required,in
<br /> the opinion of Lender,by said Uniform Cortmerdal Code. If the lien of this Deed of Trust be subject to any security agreerr�errt covering the Chattels,then
<br /> in the everrt of any default under this Deed of Trust,all the right,title and interest of Grarrtor in and to any and all of the Chattels is hereby assigned to
<br /> Lender,together with the benefft of any deposits or paymerits now or hereafter made thereof by Grantor or the predecessors or successors in title of
<br /> Grantor in the Property.
<br /> 21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender,at Lender's option,may expend funds(induding attomeys'fees and legal
<br /> expenses)to perform any act required to be taken by GraMor or to exercise any right or remedy of Lender under this Deed of Trust. Upon demand,Grarnor
<br /> shall irrmediately 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 paymerrt urrtil the date of reimbursement. These sums shall be induded in the deHnition of
<br /> Obligations herein and shall be secured by the beneficial irderest grarrted hereln. If the�Iigations are paid after the beginning of publication of notice of
<br /> sale,as herein provided,or in the eveM Lender shall,at its sole option,pemrt Grantor to pay any part of the Obligations aRer the beginning of publication of
<br /> notice of sale,as herein provided,then,Grarrtor 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 ihe 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 exerasing the power of
<br /> sale and of the sale,induding the paymerrt of the Trustee's fees actually incurred not to exceed the amourrt which may be provided for in the Deed of Trust.
<br /> second,to payment of the obligatwn 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 errtitled ihereto.
<br /> 23. POWER OF ATTORNEY. Grarrtor hereby appoirrts Lender as its attomey-in-fact to endorse Grantor's name on all instrumerrts and other doa�merrts
<br /> pertaining to the Obligations or Deed of Trust. In addition. Lender shall be entitled, but notrequired, to Qerform any action or exec;ute any documertt
<br /> required to be taken or executed by Grantor under this Deed of Trust. Lender'spe rfomiance of such action or execution of such documerrts shall not
<br /> relieve Grarrtor from any Obligation or cure any defauft under this Deed of Trust. All'owers of attomey described in this Deed of Tn�st are coupled with an
<br /> imerest 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 repardless of whether these liens,securfty irrterests or other encumbrances have been released of record.
<br /> 25. COLLECTION COSTS. To the extent pemitted bv law,Grarnor agrees to y Lender's reasonable fees and costs,induding,but not limited to,fees
<br /> and costs of attomeys and other agents (indudin$without limitation paralegals�, derks and consultants), whether or not such attomey or agent is an
<br /> employee of Lender,which are incurred by Lender in collecting any amourrt due or enforang any risaM or rernedy under this Deed of Trust,whether or not
<br /> suil is brougM,induding,but not limited to,all fees and costs incurred on appeal,in banlwptcy,and Tor post-judgmerrt collection actions.
<br /> 26. PARTIAL RELEASE. Lender may release its imerest in a portion of the Property by executing and recording one or more Partial Deeds of
<br /> Reconveyance whhout affecting its irrterest in the remaining portion of the Property. Nothing herein shall be deemed to obligate Lender to release any of its
<br /> irneresl in the Property(except as required under Paragraph 36 or as may be otherwise reqwred by law),nor shall Lender be obligated to release any part
<br /> of the Property if Grarnor is in defautt under thfs Deed of trust. The lien and securrt'yirrterest 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 Deed of Reconveyance
<br /> 27. MODIFICATION AND WAIVER. The rr�odification or waiver of any of Grantor's Obligations or Lender's rigMs under this Deed of Trust must be
<br /> contained in a writing signed by Lender. Lender may perform any of Borrower's or Grarrtor's Obligations,delay or fa11 to exercise any of hs rights or accept
<br /> payments from Grantor or anyone other than Grarrtor without causing a walver of those Obligations or ripMs. A waiver on one occasion shall not constitute
<br /> a waiver on any other oxasion. GraMor's Obligations under this Deed of Trust shall not be affected if-L.ender amends,co omises,exchanges,falls to
<br /> exerdse,impairs or releases any of the Obligations belonging to any Grarrto�,Borrower or third party or any of its rights agai�nst any Grantor,Borrower or
<br /> third party or any of the Properry. Lender's fallure to insist upon strict performance of any of the Obligations shall not be deemed a waiver and Lender shall
<br /> have the�igM at any time thereafter to insist upon strict perfomianoe.
<br /> 28. SUBSTITUTE TRUSTEE;TRUSTEE LIABILITY;COMPENSA710N. In case of the death,inabiliiy,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 Obligetions shall desire for any reason to remove the Trustee or any substitute trustee as
<br /> trustee hereunder and to appolrn a new trustee in his place and stead,the holder of the Obligations is hereby graMed full power to appolrn in writing a
<br /> substitute trustee for said Trustea,and the substftute trustee shall,when appointed,become successor 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 thepow er,duties and obligations herein conferred on the Trustee. Trustee
<br /> shall not be liable for any error of wdgmerrt or act done by Trustee, or be otherwise responsible or axourrtable under any circumsiances whatsoever.
<br /> Trustee shall noi be personally liable in case of errtry by it or anyone actfng by virtue of the powers herein granted it upon the Deed of Trust for debts I�
<br /> corrtracted or liabfitry or darr�asaes incurred in the menagemerrt or operation of said premises. Trustee shall have the rigM to rel on any instrument,
<br /> document or signature autho�izing or supporting any action taken orproposed to be taken by it hereunder or believed by it ingoo�faith to be genuine.
<br /> Trustee shall be errtitled to reimbursemerrt for expenses incurred by it in the pertormance of its duties hereunder and to reasonable compensation for such
<br /> of fts services hereunder as shall be rendered. �rarrtor will,from time to time,pay compensation due Trustee hereunder and reimburse Trustee for and
<br /> save and hold N ham�less from and against any and all loss,cost,Ilabiliry,damage and expense whatsoever incurred by R in the perfom�ance of fts duties.
<br /> All rtwneys received by Trustee shall,until used or applied as herein provided,be held in trust for the purposes for which they were recefved,but need not
<br /> be segregated fn any manner from any other moneys(exoept to the exterrt 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 /> suocessors,assigns,trustees,receivers,administrators,personal represerrtatives,legatees and devisees.
<br /> 30. N0710ES. Except as otherwise required by law,any notice or other coRrrunication to be provided under this Deed of Trust shall be in writing and sent
<br /> to the partfes at the addresses described in this Deed of Trust or such other address as ihe parties ma designate in writing from time to time. My such
<br /> notice so g�ven and serrt bv first dass mail,postage prepaid,shall be deemed given the earlier of three�3)days after such notioe is serrt or when received
<br /> by the person to whom such notice is being given.
<br /> S1. 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 /> 32 APPUCABLE LAW. This Deed of Trust shalt be govemed by the laws of the state where the real property is located. Unless applicable law provides
<br /> otherwise,Grarrtor consents to the jurisdiction and venue of any court selected by Lender,in fts sole discrei(on,located in that state.
<br /> 3S. AMSCELLANEOUS. Gramor and Lender agree that time is of ihe essence. Grarrtor waives presentmerrt,demand for paymerrt,notioe of dishonor and
<br /> protest except as ired by law. All references to Grarrtor in this Deed of Trust shall indude all persons signing below. If there is more than one Grantor.
<br /> thelr Obligations sh�be p' irrt and several. This Deed of Trust represents the complete iritegrated understanding beiween Gramor and Lender perta(ning to
<br /> the terms and conditions hereof.
<br /> 34. NO THIRD PARTY RIGHTS. No person is or shall be a third party beneflcfary of anyprovision of this Deed of Trust. All provisions of this Deed of
<br /> Trust in favor of Lender are irnended solely for the beneflt of Lender,and no thirdparty shall be erititled to assume or expect that Lender will not walve or
<br /> consent ro the modiflcation of any provision of thfs Deed of Trust,in Lender's sole discretion.
<br /> 95. PRESERVATION OF UABILJTY AND PRIORITY. Without affecting the Ilability of Borrower,Grarrtor,or any guararrtor of the Obligations,or any other
<br /> person(except a person expressly released in writing)for the paymerrt andperfomiance of the Obligations,and without affecting the rl�hhts of Lender with
<br /> respect to any Property not expressly released in writ(ng,and without impairing In any way the priority of this Deed of Trust over the irrterest of any person
<br /> ac�ired or first evidenced by recorc�ng subsequem to tFie recording of this Deed of Trust,Lender may,either before or aRer the maturity of the Obligations,
<br /> and without notice or conserrt:release any person liable forpeymern or perfom�ance of all or any part of 1he Obligations;make any agreemerrt altering the
<br /> terms of paymern or pertom�ence of all or any part of the Obligations;exercise or refrain from exerciaing or waive any�or remedy that Lender mey have
<br /> under the Deed of rrust;accepR ad�tional sea�rfty of any Idnd for any of the Obligations;or release or othervvise wfth any real or personal property
<br /> sea
<br /> secu�fng the Obligations. My person acquiring or recordfng evidence of any irnerest of any nature in the Property shall be deemed, by soqui�ing sucf�
<br /> irrterest or recording any evidence thereof,to have conserKed to all w any sucfi actions by Lender.
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