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. . �9 108058
<br /> 20. SECURITY INTEREST UNDER 7HE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effective as a 8nanang
<br /> statemerrt and a fixture filing pursuant to the provisions of the Uniform Commercial Code (as adopted in the state where the real property is located)
<br /> coverfng fixtures,chattels,and artides of personal property now owned or hereafter attached to or to be used in connection with the Property together with
<br /> any and all replacemerrts thereof and additions thereto(the"Chattels"),and Grardor hereby grarrts Lender a security irrteresi in such Chattels. The debtor is
<br /> the Grarnor described above. This Deed of Trust will be effective as a finanang statemeM filed as a fixture filing whh respect to all fixtures induded wNhin
<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 shuated. This
<br /> Deed of Trust shall also be effectNe as a flnandng statement covering any otherp�emises and may be filed in any otherappropriate filing or recording
<br /> office. A carbon,photographic or other reproduction of this Deed of Trust or of any finanang statemern relating to this Deed of Tn�st shall be suffiderrt as a
<br /> finanang statemerrt for any of the purposes referred to in ihis Paragraph. The secured party is the Lender described above. Upon demand,Grantor shall
<br /> make, execute and deliver such securiry agreements (as such term is defined in said Uniform Corrmaraal Code) as Lender at any time may deem
<br /> necessary or proper or required to grarn to Lender a perfected securiiy irrterest in the Chattels,and upon Grarnor's failure to do so,Lender is authorized to
<br /> sign any such agreemerrt as the agerrt of Grarrtor. Grantor hereby authorizes Lender to flle finandng statemerrts(as such term is defined in said Uniform
<br /> Corrxnercial Code)with respect to the Chattels,at any time,without the signature of Grarnor. Grantor will,however,ai any time upon request of Lender,
<br /> si�such flnandng statemerrts. Grantor will pay all flling fees for the flling of such finanang statemerns and for the refiling thereof at the times required,in
<br /> the opinlon of Lender,by said Uniform Cormierdal Code. If the lien of this Deed of Trust be subject to any security agreemerrt covering the Chattels,then
<br /> in the everrt of any defauft under this Deed of Tn�st,all the rigM,title and iMerest of Grantor in and to any and all of the Chattels is hereby assigned to
<br /> Lender,together with the beneflt of any deposits or paymerrts now or hereafter made thereof by Grantor or the predecessors or sucoessors 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 Grantor or to exerase any rigM or remedy of Lender under this Deeii of Trust. Upon demand,GraMor
<br /> shall irmiediately reimburse Lender for all such amouMs expended by Lender together with interest thereon at the lower of the highest rate described in any
<br /> Oblfgation or the highest rate allowed by law from the date of paymerrt urrtil the date of reimbursemerrt. These sums shall be induded in the de�nition of
<br /> Obligations herein and shatl be secured by the benefiaal irnerest granted herein. If the Obligations arep�d after the beginning of publication of notice of
<br /> sale,as herein provided,or in the everd Lender shall,at its sole option,pemit Grarrtor to pay any part of the Obligations after the beginning of publication of
<br /> notice of sale,as herein provided,then,Grarnor shall pay on demand all expenses incurred by the Truslee 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 /> securiry for all such e�enses and fees.
<br /> 22. APPLICATION OF PAYMENTS. The Trustee shallappIy the proceeds of the tnistee's sale,first,to the costs and expenses of exerasing the power of
<br /> sale and of the sale,induding the paymern 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 paymern of the obligation secured by the Deed of Trust,third,to the paymerrt of junior deeds of trust,mortgages or other lienholders,and the
<br /> balanoe,if any,to the person or persons legally emitled thereto.
<br /> 23. POWER OF ATTORNEY. Grantor hereby�ims Lender as its attomey-in-fact to endorse Grantor's name on all instruments and other documents
<br /> pertaining to the Obligations or Deed of Trust. n addition, Lender shatl be eMitled, but not required,to Qerform any action or execute any documern
<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 Grentor from any Obligation or cure any defautt under this Deed of Trust. All powers of attomey described in this Deed of Trust are coupled with an
<br /> imerest and are irrevocable.
<br /> 24. SUBROGATION OF LENDER. Lender shall be sutxogated 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 irrterests or other encumbrances have been released of record.
<br /> 2b. COLLECTION COSTS. To the exterrt pemitted by Iaw.Grarrtor agrees to pay Lender's reasonable fees and costs,induding,but not limited to,fees
<br /> and costs of attomeys and other ageMs (fndudin�without limitation paralegals, derks and consultants), whether or not such attomey or agent is an
<br /> employ�e of Lender,which are i�cuRed by Lender in collecting any amourrt due or enforcing any rigM or remedy under this Deed of Trust,whether or not
<br /> suit is brougM,induding,but not limiled to,all fees and costs incurred on appeal,in banlwptcy,and for post-judgment collection actions.
<br /> 2B. PARTIAL RELEASE. Lender may release its irrterest fn apo rtion of the Property by executing and recording one or more Partial Deeds of
<br /> Recorneyance without affecting its irrterest m the remaining portion of the Property. Nothing herein shall be deemed to obligate Lender to release any of its
<br /> irrterest in the Property(except as required under Paras�raph 38 or as may be otherwise required by Iaw),nor shall Lenderbe obligated to release any part
<br /> of the Property if Grarrtor is in defauft under this Deed of trust. The lien and securtt'yurteresi created by the Deed of Trust remain in effect with respecl to
<br /> that portfon of the property,as defined in the Deed of Trust,that is not the subject of this or any Partial Deed of Reconveyance
<br /> 27. MODIFlCATION AND WAIVER. The modification or waiver of any of Grantor's Obligations or Lender's rigMs under this Deed of Trust must be
<br /> corrtained in a writing signed by Lender. Lande�may perfortn any of Borrower's or GraMor's Obligations,delay or fail to exerase any of its rights or accept
<br /> paymerns from GraMor or anyone other than Grantor without causing a waiver of those Obligations or rigMs. A waiver on one occasion shall not constitute
<br /> a waiver on any other oxasion. Grantor's Obli�ations under this Deed of Trust shall not be affected if Lender amends,compromises,exchanges,fails to
<br /> exerdse,impairs or releases any of the Obligations belonging to any Grantor,Borrower or third party or any of its rights against any Grarnor,Borrower or
<br /> third parry or any of the Property. Lender's failure to insist upon strict pertom�ance 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 perfom�ance.
<br /> 28. SUBS7ITUTE TRUSTEE;TRUSTEE LIABIUTY;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 fn case the holder of the Obligations shall desire for any reason to remove the Trusiee or any substitute trustee as
<br /> trustee hereunder and to appoirrt a new trustee in his place and stead,the holder of the Obligatfons is hereby granted tull power to appoirrt in wrfting a
<br /> substitute trustee for said Trustee,and the substitute trustee shall,when appoirded,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�udgmerrt or act done by Trustee, or be othervvise responsible or aocouMable under any circumstances whatsoever.
<br /> Trustee shall not be personally Ifable in case of entry by i1 or anyone acting by virtue of the powers herein granted it upon the Deed of Trust for debts
<br /> contracted or I'iability or damages incurred in the manapemerrt or operation of said premises; Trustee shall have the ripht to rely on any instn�ment,
<br /> documerrt or sf�ature authorizing or supporting any action taken or prOposed to be taken by rt hereunder or believed byit in good fafth to be genuine.
<br /> Trustee shall be errtitled to reimbursemern for expenses incurred by it in the perfomiance of its duties hereunder and to reasonable compensation for such
<br /> of Ns senrfces 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 hamless from and against any and all loss,cosi,Ilabiliry,damage and expense whatsoever incurred by k in the perfomiance of its duties.
<br /> All moneys received by Trustee shall,urrtil 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 exteM required by law) and Trustee shatl be under no liability for iMerest on any
<br /> mcneys reoeNed 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 respectbe
<br /> suocessors,aasigns,trustees,receNers,adMnistrators,personal representatfves,legateea and devisees.
<br /> 30. N0710ES. Exoept as othervvise required by law,any notice or other communication to be provided under this Deed of Trust shall be in writing and serrt
<br /> to the parties at the addresses described fn 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 sent bY flrst dass mail,postage prepaid,shall be deemed given the earNer of three�3)days after such notice is sent or when received
<br /> by the person to whom suc}�notice is being given.
<br /> 31. SEVERABWTY. Whenever possible,each provision of this Deed of Trust shall be iMerpreted so as io be effectNe and valid under applicable state
<br /> Iaw. If any provision of this Deed of Trust violates the Iaw or fs unenforceable,the rest of the Deed of Trust shall corrtinue to be valid and enforceable.
<br /> 32 APPLICABLE LAW. This Deed of Trust shall be govemed by the laws of the state where the real property is located. Unless appBcable law provides
<br /> otherwise,Grantor conser�s ro the jurisdiction and venue of any court selecled by Lender,in its sole discretion,located in that state.
<br /> 33. MISCELLANEOUS. Grarnor and Lender agree that tima is of the essence. Grantor waives preseMmern,demand for payment,notice of dishonor and
<br /> protest except asrequired by law. All references to Grantor in this Deed of Trust shall fndude allpersons signing below. If there is more than one Grantor,
<br /> their Obligations shall be p' irrt and several. This Deed of Trust represerrts the complete iritegrated understanding between Grantor and Lender pertaining to
<br /> the temu and conditions hereof.
<br /> 34. NO THIRD PARTY RIGHTS. No person is or shall be a third party benefiaary of anyprovision of this Deed of Trust. All provisions of this Deed of
<br /> Trust in favor of Lender are iMended solely for the benefft of Lender,and no third parly shall be eniftled to assume or expect that Lender will not waive or
<br /> conserrt to the modi8cation of any provision of this Deed of Trust,in Lender's sole discretion.
<br /> 36. PRESERVATION OF LIABILITY AND PRIORITY. Wrthout affecting the liability of Borrower,Grarnor,or any guararrtor of the Obli�ations,or any other
<br /> person(except a person expressly released in writing)for the paymeM and performence of the Obligations,and wfthout affecting the nghts of Lender with
<br /> respect to any Properry not expressly released in writing,and whhout impainng in any way the prioriry of this Deed of Trust over the interest of any person
<br /> acquired or flrst ewdenced by recording subsequent to the recording of this Deed of Trust,Lender may,either before or after the maturity of the Obligations.
<br /> and wfthout notioe or conserrt:release any person liable forpayrr�nt or performance of all or any part of the Obligations;make any agreemern altering the
<br /> tem�s of paymern or perfom�ance of all or any part of the Obligations;exerdse or refrain from exercfsing or waive any ri M or remedy thai Lender may have
<br /> under the Deed of Trust;accept additional security of any kind for any of the Obligations;or release or otherwise�with any real or personal property
<br /> securing the Obligations. My person aoquiring or recording evidence of any irrtereat of any nature in the Property shall be deemed, by soquiring sucF�
<br /> irrterest or reco�ng any evidence thereof,to have conserrted to all or any sucF�actions by Lender.
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