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� , � � g9 �08138
<br /> .Z0. SEGURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effective as a flnancing
<br /> statemeM and a fixture filing pursuant to the provisions of the Uniform Corrmeraal Code (as adopted in the state where the real property is located)
<br /> . covering fixlures,chattels,and articles of personal property�now owned or hereafter attached to or to be used in connection with the Property together with
<br /> any and all replaoemerns thereof and additions thRreto(ihe Chattels"),and Granior hereby grarrts Lender a security interest in such Chattels. The debtor is
<br /> ihe Grantor described above. This Deed of Trust will be effective as a financing statemerrt filed as a fixture filing with respect to all fixtures induded within
<br /> said preMses and is to be filed for record in the real estate records of each county where any part of said premises(induding said fixtures)is situated. This
<br /> Deed of Trust shalt also be effecNve as a finanang statement covering any other premises and may be filed in any other appropriate flling or recording
<br /> office. A carbon,phoiographic or other reproduction of this Deed of Trust or of any financing statement relating to this Deed of Trust shall be sufficient as a
<br /> flnandng statemerri for any of the purposes referred to in this Paragraph. The secured party is the Lender described above. Upon demand,Grantor shall
<br /> make, execute and deliver such seaarity agreemerrts (as such term is defined in said Uniform Corrmeraal Code) as Lender at any time may deem
<br /> necessary or proper or required to grant to Lender a perfecled security irrterest in the Chattels,and upon Grantor's failure to do so,Lender is authorized to
<br /> sign any such ag�eement as the agent of Grantor. Grantor hereby authorizes Lender to file finanang statements(as such term is defined in said Uniform
<br /> Cormiercial 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 flnandng statemerrts. Graritor will pay all fl8ng fees for the filing of such finanang statemerns and for the refiling thereof at the times required,in
<br /> the opinion of Lender,by said Uniform Cortxnerciai Code. If the lien of this Deed of Trust be subject to any security agreement covering the Chariels,then
<br /> in the evem of any defautt under this Deed of Trust,all the rigM,title and interest of Grarrtor in and to any and all of the Chattels is hereby assigned to
<br /> Lender, t her wilh the beneflt of an de sits or nts now or hereafter made thereof Grarrtor or the edecessors or successors in title of
<br /> Gramor in�he Property. y � �� � �
<br /> 21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender, at Lender's option, may expend funds(induding anomeys'fees and legal
<br /> expenses)to perform any act required to be taken by Grantor or to exerdse any right or remedy of Lender under this Deed of Trust. Upon demand,Grantor
<br /> shall irm�ediately relmburse Lender for all such amourrts expended by Lender together with irnerest thereon at the lower of the highest rate described in any
<br /> Obligation or the hfghest rate allowed by Iaw from the date of paymerrt uMil the date of reimbursemem. These sums shall be induded in the dafinition of
<br /> Obligations herein and shalt be secured by the beneficial interest grarrted herein. If the Obligations arepa�d aiter the beginning of publication of notice of
<br /> sale,as herefn provided,or in ihe event Lender shall,at its sole opiion,pem�it Grantor to pay any part of the Obligations after the beginning of publication of
<br /> notioe 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 y 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 payment of the Trustee's ees actually mcurred 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 paymerrt of junior deeds of trust,mortgages or other lienholders,and the
<br /> balance,if any,to the person or persons legally ernitled thereto.
<br /> 23. POWER OF ATTORNEY. Grarnor herebyappoirrts Lender as its ariomey-in-fact to endorse Grantor's name on all instruments and other documerns
<br /> pertaining to the Obligations or Deed of Trust. In addition, Lender shall be errtitled, but not required, to perform any action or execute any documerrt
<br /> reyuired to be taken or executed by Grantor under this Deed of Trust. Lender'spe rfomiance of such action or execuiion of such documents shall not
<br /> reheve Grarrtor 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 /> irnerest and are irrevocable.
<br /> 24. SUBROGATION OF LENDER. Lender shall be subrogated to the rigMs of the holder of any previous lien, security interest or encumbrance
<br /> discharged wNh funds advanced by Lender regar�ess of whether these liens,secx�rity irrterests or other encumbrances have been released of record.
<br /> 25. COLLECTION COSTS. To the extent pemitted by Iaw,Grantor agrees to pay Lender's reasonable fees and costs,induding,but not limited to,fees
<br /> and costs of attomeys and other agents (indudinQ wtthout limitation paralegals, derks and consuhants), whether or not such attomey or agern is an
<br /> employ�e of Lender,which are incurred by Lender in collecting any amount due or enforang any ri�t or remedy under this Deed of Trust,whether or not
<br /> suit is brougM,induding,but not limited to,all fees and costs ina�rred on appeal,in banlwptcy,and Tor post-judgmeM collection actions.
<br /> 26. PARTIAL RELEASE Lender may release hs interest in apo rtion of the Property by executing and recording one or more Partial Deeds of
<br /> Reconveyance without affecting its interest in the remaining portion of the Property. Nothing herein shall be deemed to obligate Lender to release any of its
<br /> irnerest in the Property(except as required under Paragraph 38 or as may be otherwise required by law),nor shall Lender be obligated to release any part
<br /> of ihe Properry if Grantor is in defauN under this Deed of 7rust. The lien and secur'rty interest created by the Deed of Trust remain in effect whh respect to
<br /> that portion of the property,as defined in the Deed of Trust,that is not the subject of this or any Partial Deed of Recorneyance
<br /> 27. MODIFlCATION AND WAIVER. The modification or waiver of any of Grarrtor's Obligations or Lender's rights under this Deed of Trust must be
<br /> oontained in a writing signed by Lender. Lender may perform any of BoROwer's or Gramor's Obligations,delay or fail to exercise any of its rigMs or accept
<br /> paymerrts from Grantor or anyone other than GraMor without causing a waiver of those Obligations or rights. A waiver on one occasion shall not constitute
<br /> a waiver on any other occasion. Grantor's Obligations under this Deed of Trust shall not be affected if Lender amends,compromises,exchanges,fails to
<br /> exercise,impairs or releases any of the Obligations belonging to any Grantor,Borrower or thirdparty or any of its rigMs against any Grantor,8orrower or
<br /> third party or any of the Property. Lender's failure to insist upon strict perfomiance of any of the Obli-gations shall not tie deemed a waiver and Lender shall
<br /> have the right at any time thereafter to insist upon strict performance.
<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 whe�e the real property is located or in case the holder of the Obli�ations 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 grarned full power to appoirrt in writing a
<br /> substitute trustee for said Trustee,and the substitute 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 objecis of this Deed of Trust with all the power,duties and obligations hereln conferred on the Trustee. Trustee
<br /> shall not be liable for any error of�dgment or act done by Trustee, or be othervwse responsible or axountable under any arcumstances whatsoever.
<br /> Trustee shall not be personally Ilable in case of eMry by it or anyone acting by virtue of the powers herein gramed h upon the Deed of Trust for debts
<br /> oorrtracted or liability or damages incuned in the managemerrt or operation of said premises: Trustee shall have the ri�M to rely on any instrumem.
<br /> documern or signature authorizing or supportlng any action taken orproposed to be taken by rt hereunder or believed by it in good faith to be genuine.
<br /> Trustee shall be entftled to reimbursemerrt for expenses incurred by(t in the perfomranoe of its duties hereunder and to reasonable compensation for such
<br /> of its 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 it harmless from and against any and all loss,cost,liability,damage and expense whatsoever incurred by it in the perfomrance of its duties.
<br /> All rrpneys rec:eived by Trustee shall,uMil used or applied as hereinprovided,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 extent required by Iaw)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 Tnist shall be bindin� upon and inure to the benefit of Grantor and Lender and their respeclive
<br /> sucoessors,assigns,trustees,receivers,administrators,personal represernatnres,legatees and devisees.
<br /> 30. NOTICES. Except as otherwise required by law,any notice or other cormxinication 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 sern by first dass mall,postage prepaid,shall be deemed given the earlier of three�3)days after such notice is serrt or when received
<br /> by the person to whom such notice is being given.
<br /> S7. SEVERABIUTY. Whenever possible,each provision of this Deed of Trust shall be iMerpreted so as to be effective and valid under applicable state
<br /> Iaw. If any provision of this Deed of Trust violates the Iaw or is unenforceable,the rest of the Deed of Trust shall continue to be valid and enforceable.
<br /> 92. APPLICABLE LAW. This Deed of Trust shall be govemed by the laws of the siate where the real property is located. Unless applicable Iaw provides
<br /> otherwise,GraMor consents to the jurisdict(on and venue of any court selected by Lender,in its sole discretion,located in that state.
<br /> 33. MISCELLANEOUS. Gramor and Lender agree ihat time is of the essence. GraMor walves presentmerrt,demand for paymerrt,notice of dishonor and
<br /> protest except asrequired by law. All references to Grarnor in ihis Deed of Trust shall include allpersons signing below. If there is more than one Grantor,
<br /> their ObUgations shall be p' irn and several. This Deed of Trust represents the complete irrtegrated understanding between Grantor and Lender pertalning 10
<br /> the tem�s and conditions hereof.
<br /> 34. NO 7HIRD PARTY RIGHTS. No person is or shall be a third party benefidary of anyprovision 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 re ernitled to assume or expect that Lender will not walve or
<br /> conserrt to the modification of any provision of this Deed of Trust,in Lender's sole discretion.
<br /> 36. PRESERVATION OF LIABILITY AND PRIORITY. Wtthout affecting the liability of Borrower,Gramor,or any guarantor of the Obligations,or any other
<br /> person(except a person expressly released in writing)for the paymerrt and performance of the Obligations,and without affecting the rigMs of Lender with
<br /> respect to any Properry not expressty released in writing,and without impainng in any way the priority of this Deed of Trust over the Irrterest of any person
<br /> acquired or flrst evidenoed by recording subsequent to the recording of this Deed of Trust,Lender may,either before or after the maturity of the Oblfgations,
<br /> and without noiice or conserrt:retease any person liable forpaymerrt or performence of all or any part of the Obligations;rnake any agreemern altering the
<br /> temis of pa�orpertormence of all or any part of the Ob�igations;exerdse or refrain from exercising or waive any rl or remedy that Lender may have
<br /> under the eed of Trust;acoept additional security of any kind for any of the Obligations;or release or otherwise de�wfth any real or personal property
<br /> securing the Obiigations. My person ac�iring or recor�ng evidence of any irrterest of any nature in the Properry shall be deemed, by acquiring sucF�
<br /> iirrierest or recording any evidence thereof,to have conserrted to all or any such actions by Lender.
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