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<br /> 2Q•SECURITY INTEREST UNDER THE UNIFORAA COMIIAERCIAL CODE. This Deed of Trust shall be considered and be effective as a finanang
<br /> siatement and a fixture flling pursuarrt to the provisions of the Uniform Commeraal Code (as adopted In the state where the real property is located)
<br /> covering flxtures,chattels,and aRides of personal property now owned or hereafter attached to or to be used in connectfon with the Property together with
<br /> any ar�d all replaoemerrts thereof and additions thereto(the"Chattels"),and Grantor hereby gr�.vrts Lender a security irrterest in such Chattels. The debtor is
<br /> the Grantor described above. This Deed of Trust will be effecNve as a flnandng statemerrt flled as a fixture flling wfth respect to all fixtures induded within
<br /> said premises and is to be flled for record in the real estate records of each courrty where any part of said premises(induc�ng said flxtures)is situated. This
<br /> Deed of Trust shall also be effective as a finandng statemerrt covering any other premiaes and may be filed in any other appropriate flling or recor�ng
<br /> office. A carbon,photographic or other reproductlon of this Deed of Trust or of any 8nandng staterr�eM relating to this Deed of Trust shall be suffiderrt as a
<br /> finandng statemerri for any of the purposes referred to in this Paragraph. The secured perty is the Lender described above. Upon demend,Grarrtor shall
<br /> meke, execute and deliver such security agreemerrts (as such term is defined in said Uniform Commeraal Code) as Lender at any time may deem
<br /> necessary or proper or required to grarrt to Lender a perfected securiry irrterest in the Chattels,and upon Grantor's failure to do so,Lender is authorized to
<br /> sign any such a�eemerrt as the agerrt of Grantor. Grantor hereby authorizes Lender to flle flnandng statemerrts(as such tertn is defined in said Uniform
<br /> Commerdal Code)with respect to the Chettels,at any time,without the aignature of GreMor. Grantor will,however,at any time upon request of Lender,
<br /> sign such flnanang statemerrts. Grantor will pay all filmg fees for the filing of such flnandng siatements and for the refiling thereof at the times required,in
<br /> the opinion of Lender,by said Unibrtn Comrnerdal Code. If the lien of thi�Deed of Trust be subject to any security agreemerrt cove�ing the Chattels,then
<br /> in the everrt of any default under thfs Deed of Trust,all the rigM,title and irrterest 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 paymeMs now or hereatter r�de thereof by Grantor or the predeoessors or suxessors in tfUe of
<br /> Grantor in the Property.
<br /> 21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender,at Lender's o fon,may expend funds(induding attomeys'fees and legal
<br /> expenses)to perfortn any act required to be taken by Grantor or to exerdse any rigM or rem�y of Lender under this Deed of Trust. Upon demand,Grantor
<br /> shalt irtmediately reimtwrse Lender for all such amourds expended by Lender together with irrterest thereon at the lower of the highest rate described in any
<br /> Obligation or the highest rate allowed by law from the date of paymertt urrtil the date of reimbursement. These sums shall be induded in the definition of
<br /> Obligations herein and shall be secured by the benefldal irnerest graMed herefn. If the Obligations 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,pemit Grantor to pay any part of the Obligations after the beginning of pubUcatlon of
<br /> notice of sale,as herefn 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 the Trustee,and this Deed of Trust shall be
<br /> security for all such expenses and fees.
<br /> sale and of the sale.indudin gMthe Tpayment of h�rustee's feyes actual� I�yincu�rred not to exceed the arriourrt whfch may be�pronvldedffor in�thenDteed o�f Tru tf
<br /> second,to paymerrt of the obligation secured�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 entitied thereto.
<br /> 2S. POWER OF ATTORNEY. GraMor herebyappoiMs Lender as its attomey-in-fact to endorse Grantor's name on all instrumerrts and other documents
<br /> pertaining to the Obligations or Deed of Trust. In addition, Lender shall be errtitled, but notreq uired,tope rform any action or execute any documerrt
<br /> required to be taken or executed by Grantor under this Deed of Trust. Lender'spe rtormence of such action or execution of such documerrts shall not
<br /> relieve Grantor from any Obtigation or cure any default under this Deed of Trust. All'owers of attomey descxibed in thfs Deed of Trust are coupled wfth an
<br /> irrterest and are irrevocable.
<br /> 24. SUBROGATION OF LENDER. Lender shall be subrogated to the �igMs of the holder of any previous lien, securiry irrterest or encumbrance
<br /> discharged wRh funds advanced by Lender regardless of whether these Ifens,securfty irrterests or other encumbrances have been released of record.
<br /> 25. COLLECTION COSTS. To the exterrt pemitted bv law,Grantor aprees to y Lender's reasonable fees and costs,induding,but not limited to,fees
<br /> and costs of attomeys and other agerrts (induding without limitation paralegalsaderks and consuRarrts), whether or not such attomey oragerrt is an
<br /> erriployee of Lender,which are incurred t�Lender in oollecdng any amourrt due or enforcing any rigM or remedy under this Deed of Trust,whether or not
<br /> suttps brougM,induding,but not limited to,all fees and costs incurred on appeal,in banlwptcy,and for post-judgmerrt collection actions.
<br /> 2B. PARTIAL RELEASE. Lender may release its irrterest in aportion of the Property by executing and recording one or more Partial Deeds of
<br /> Reoornreyance without affecting its ir►terest in the remaining portion of the Property. Nothing herefn shall be deemed to obligate Lender to release any of its
<br /> irrterest in the Property(except as rec�ired under Paragraph 38 or as may be otherwise required by law),nor shall Lender be obligated to release any part
<br /> of the Property if Grantor is in defauit under this Deed of 7rust. The lien and sea��ry interest created by the Deed of Trust remain in effect with respect to
<br /> that portion of the properry,as deflned in the Deed of Trust,that is not the subject of this or any Partial Deed of Reconveyance
<br /> 27. MODIFICATION AND WAIVER. The modification or waiver of any of Grarrtor's Obligations or Lender's ri�s under this Deed of Trust must be
<br /> contained fn a writing signed by Lender. Lender may perfoRn any of Borrower's or Grarrtor's Obligations,delay or fail to exerdse any of Its rigMs or acxept
<br /> paymerrts from Grantor or anyone other than Grantor without causing a waiver of those Obligations or�s. A waiver on one oocasion shall not constftute
<br /> a walver on any other oxasion. Grantor's Obli�aUons under this Deed of Trust ahall not be affected if�.ender amends,co mises,exchanges,fails to
<br /> exerdse,impairs or releases any of the Obifgat�ons belongfng to any Grantor,Borrower or third perty or any of its risaMs a nst any Grarrtor,Borrower or
<br /> third party or any of the Property. Lencler's failure to insisf upon strict perfom�ence of any of the Obligations shall not be deemed a waiver and Lender shall
<br /> have the rigM at any time thereaiter to insist upon strict perfomiance.
<br /> 28. SUBSTITUTE TRUSTEE;TRUSTEE LIABILITY;COMPENSATION. In case of the death,inabfliry,refusal to act or absenoe of the Trustee from the
<br /> state where the real propery is located or in case the holder of the Obli�ons shall desfre for any reason to remove the Trustee or any substitute trustee as
<br /> trustee hereunder and to appoint a new trustee in his place and stea7,the holder of the Obligations is hereby granted full power to appoiM in writing a
<br /> substitute trustee for sald Trustee,and the substftute trustee shall,when appoirrted,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 thepow er,duties and obligations herein conferred on the Trustee. Trustee
<br /> shall not be Ilable for any error of judgmer►t or act done by Trustee, or be otherwise responsible or axouritable under any dreumstances whatsoever.
<br /> Trustee shail not be personally Ilable in case of errtry by it or anyone acting by virtue of the powers herein granted it upon the Deed of Trust for debts
<br /> corrtracted or Ilabilhy or dama�es incurred in the menagement or operation of sald premises. Trustee shall have the rigM to rel on any instrumerrt,
<br /> documerrt or signature authorizing or supporting any action taken or Qroposed to be taken by ft hereunder or belfeved by it in faith to be genuine.
<br /> Tnistee shall be errtitted to reimbursemerrt for e nses incurred by it in the perbrmanoe of its duties hereunder and to reaso e compensation for such
<br /> of fts services hereunder as shall be rendered.�rantor will,from time to time,pay compensation due Trustee hereunder and reimburse Trustee for and
<br /> save and hold it hamiless irom and against any and all loss,cost,liabiliry,damage and expense whatsoever incurred by it in the performance of fts duties.
<br /> All moneys recelved by Trustee shall,ur►til used or applied as hereinprovided,be held fn trust for thepurposes br wMch they were received,but need not
<br /> be segregated in any menner from any other moneys(except to tf�e exterrt required by law)and Trustee shall be under no Ilabiliry for irrterest 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 /> successors,assigns,trusteea,receivers,adMnistrators,personal represerrtatNes,legatees and devisees.
<br /> 90. NOTICE3. Except as otherwise required by law,any notice or other conxrunication to be provided under this Deed of Trust shall be in writing and serrt
<br /> to the parties at the addresses described in this Deed of Trust or such other address as the partfes ma designate in writing from time to time. My such
<br /> notice so given and serrt bv flrst dass mail,postage prepaid,shall be deemed given the earlier of three�3)days aiter such notice is sent or when reoelved
<br /> by the person to whom such naUce fs being given.
<br /> S1. SEVERABILITY. Whenever possible,each provision of this Deed of Trust shall be irrterpreted so as to be effective and valid under applicable state
<br /> Iaw. If any provision of this Deed of Trust violates the law or is unenbrceable,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 applic�ble Iaw provides
<br /> otherwise,Grantor conserrts to the juris�chon and venue of any court selected by Lender,in fts sole discxetion,located in that state.
<br /> 33. NqSCELLANEOUS. Grantor and Lender agree that time is of the essence. Grantor waives preseMmerrt,demend for payment,notice of dishonor and
<br /> protest except asrequired by Iaw. All references to Grarrtor in this Deed of Trust shall indude allpersons signing below. If there is more than one Grantor,
<br /> their Obligations shall be p' irn and several. This Deed of Trust represerrts the complete irrtegrated understanding between Grantor and Lender pertaining to
<br /> the tem�s and oon�tions hereof.
<br /> S4. NO THIRD 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 irrtended solely for the benefit of Lender,and no third party shalf be errtftled to assume or expect that Lender will not weive or
<br /> consent to the rno�flcation of any provision of this Deed of Trust,in Lender's sole dfscretion.
<br /> 36. PRESERVATION OF IJABILlTY AND PRIORITY. Without affecting the Ifabiliry of Borrower,Grantor,or any guarantor of the Obli�ations,or any other
<br /> person(except a person expressly released in writinp)for the paymerrt and pertormence of the Obligations,and without affecting the ngMs of Lender wfth
<br /> respect to any Property not expressly released in writ(ng,and without impainng in any way the prioriry of this Deed of Trust over the irrterest of an y�n
<br /> ac�ired or first evfdenced by recording subsequent to tf�e recording of this Deed of Trust,Lender may,either before or after the maturity of the Obli fons,
<br /> and without notice or conserrt:release any pe�son Ifable for yment or perfomiance of all or any part of the Obligations;make anyagreemerrt eltering the
<br /> tem�s of payme�t orp�rmenoe of ail or any pert of the Ob�tions;exerdse or refrain from exercising or wafve any�i or remedy that Lender may Fiave
<br /> under the Deed of Trust;accept ad�tional security of any kind br any of the Obligations;or release or othe►wise�wlth any real or personalproperry
<br /> securing the ObligaUons. My person ac�uiring or reoording evidence of arry irrterest of any nature in the Prope�ty shall be deemed, by acquiring sucf�
<br /> Irrterest or reoording any evldence thereof,to have conserrted to all or any wcfi acdons by Lender.
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