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<br /> 20. SE�URITY INTEREST UNDER 7HE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effectNe as a flnandng
<br /> •statement and a flxture flling pursuarrt to the provisions of the Uniform Commerdal Code (as adopted in the state where the real properry is located)
<br /> o�vering flxtures,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 replacemeMs thereof and additions thereto(the"Chattels"),and Grarrtor hereby grants Lender a security interest in such Chattels. The debtor fs
<br /> the Grantor descxibed above. This Deed of Trust will be effective as a flnandng statemerrt flled as a flxture flling with respect to all fixtures induded wfthin
<br /> seid premises and is to be flled br record fn the real estate records of each courrty where arry part of said premises(induding said flxtures)is sRuated. This
<br /> Deed of Trust shall also be effective as a finandng statemern covering any otherpremIses and rr�y be flled in any otherappropriate flling or recording
<br /> oiflce. A carbon,photographic or other reproductlon of this Deed of Trust or of any�inandng staterr�rrt relating to this Deed of Trust shall be suffiaerrt as a
<br /> flnandng statemerrt for any of the purposes referred to in this Paragraph. The secured perty is the Lender described above. Upon derr�end,Grarrtor shall
<br /> meke, exeaite end deifver such securtty agreemerrts (as such term is deflned fn sald Unifortn Commerdal Code) as Lender at any time may deem
<br /> neoessary or proper or required to grant to Lender a perfected securtty irrterest in the Chattels,and upon Grarrtor's fallure to do so,Lender is authorized to
<br /> si�any such agreemerrt as the agerrt of Grantor. Grarrtor hereby authorizes Lender to flle flnandng statemerrts(as such tertn is defined in said Uniform
<br /> Corrmerr,ial Code)with respect to the Chattels,at any time,wfthout the signature of Grantor. GraMor wfll,however,at any Ume upon request of Lsnder,
<br /> sign such flnandng statemerrts. Grantor will pay all flling fees for the flling of such flnandng statements and for the reflling thereof at the times required,in
<br /> the optnbn of Lender,by safd Uniform Commerdal Code. If the Ilen of thia Deed of Trust be sub�ect to any aecuriry agreemerrt covering the Chattels,then
<br /> in the everrt of any default under this Deed of Trust,all the rigM,tftle 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 deposRs or paymerrts now or hereafter made thereof by Grantor or the predecessors or suooessors in title of
<br /> Grarnor in the Property.
<br /> 21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender,at Lender's optlon,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 ot remedy of Lender under this Deed of Trust. Upon demend,Grantor
<br /> shall imne�ately reimburse Lender for all suc;h amourns expended by Lander topether wRh irrterest thereon at the lower of the highest rate describad in any
<br /> Obligation or the highest rate allowedby Iaw from the date of payment urrtll the date of relmburaement. Theae Bums shell be induded in the deflntdon of
<br /> Obligatlons herein and shall be secured by the benefldal irrterest graurted herein. If the Obligations are paid after the beginntng of publication of notioe of
<br /> sale,as herein provided,or in the ever�t Lender shall,at its sole option,pemrt GraMor 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 ahall�pp�y the proceeda of the trustee's sale,flrst,to the costs and expenses of exerdsing the power of
<br /> sale and of the sale,induding thepaymerrt 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 paymerrt of the obligation secured by the Deed of Trust,thiM,to the payment of junior deeds of trust,mortgages or other flenholders,and the
<br /> balanoe,if any,to the person or persons legally entitled thereto.
<br /> 2S. POWER OF ATTORNEY. Gramor herebyappoirrts Lender as its attomey-in-fact to endorse Grarrto�'s name on all instrumerrts and other documsnts
<br /> pertaining to the ObHgations or Deed of Trust. In addition, Lender shall be errtitled, but notrequired,toperform any action or execute any documerrt
<br /> required to be taken or executed by Grarrtor under this Deed of Trust. Lender's performance of such action or execution of wch documeMs shall not
<br /> relieve Grarrtor from any Obligation or cure any defauR under this Deed of Trust. AIf Mwers of attomey described in this Deed of Trust are coupled with an
<br /> IMerest and are irrevocable.
<br /> ?A. SUBROGATION OF LENDER. 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 Ilens,security interests or other encumbrances have been released of record.
<br /> Z5. COLLECTION COSTS. To the exterrtperMttedt�y Iaw,Grarrtor agrees to y Lenders reasonabie fees and costs,induding,but not limited to,fees
<br /> and costs of attomeys and other agerns (indudin�whhout Umitation paralegalsa de�lcs and consuhants), whether or not such attomey or agent is an
<br /> employ�e of Lender,which are incurred by Lender in collecting any amouM due or enfordng any rigM or remedy under this Deed of Trust,whether or not
<br /> suit is brougM,induding,but not limited to,all fees and oosts incurred on appeal,in baniwptcy,and for post-jud�nerrt collection actions.
<br /> 26. PARTiAL RELEASE. Lender ma release its irrterest in a on of the Property execuUn and recording one or more Partial Deeds of
<br /> Reconveyance without affecting its irrtereyst in the remeining portion o the Property. Not ih ng herein shall be deemed to obligate Lender to release any of its
<br /> irrterest in the Properry(except as required under Parapraph 38 or as may be otherwise re�ired by Iaw),nor shall Lender be obligated to release any pert
<br /> of the Property if Grantor is in default under this Deed of trust. The lian end security irrtareat aeated by the Deed of Trust rart�ain in effect wRh roapect to
<br /> that pordon of the prope�y,as daflned in the Deed of Trust,that is not the sub�t of this or any Partfal Deed of Recorneyance
<br /> 27. MODIFICATION AND WAIVER. The modiflcation or waiver of any of Gramor's Obligations or Lender's ri9Ms under this Deed of Trust must be
<br /> contained in a writing signed by Lender. Lender mey pertorm any of Borrower's or Gramor's Obligations,delay or fail to exercise any of its rigMs or axept
<br /> paymerrts from Grantor or anyone other than Grantor without causing a waiver of those Obligations or ri�hts. A waiver on one oxasion shall not constitute
<br /> a waNer on any other oxasion. Grarno�'s Obl ons under thls Deed of Trust shall not ba affected if-Lender ert�enda, miaes,exc��s,falis to
<br /> e�dse,irtpeirs or releaaes arry of the Obligat�s belonging to eny GraMor,Borrower or third perty or any of its riaMs nst any Grantor,�orrower or
<br /> third perty or any of the Properry. Lender's failure to insist upon strict perfortrrence of any of the Obligations shall notbe deerr�ed a walver and Lender shall
<br /> have the rigM at any time thereatter to insist upon suict perfom�enoe.
<br /> 28. SUBSTITUTE TRUSTEE;TRUSTEE LIABILITY;COIIAPENSATION. In case of the death,inabiliry,refusal to act or absence of the Trustee from the
<br /> state where the real propeny is located or in case the holder of the Obli�ons shall desire for any reason to rerrbve the Trustee or any substitute tn�stee as
<br /> trustee hereunder and to appoirrt a new trustee in his place and steaa,the holder of the Obligations is hereby granted full power to appoint in writing a
<br /> substRute trustee for said Trustee,and the subsUtute trustee shall,when appoirrted,become suxessor to all rigMs of Trustee hereunder and the same shall
<br /> beoome vested in him for the purposes and objects of this Deed of Trust whh all thepow er,dutles and oblfgaUons 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 a000untable under any dreumstances whatsoever.
<br /> Trustee shall not be personally li�e in case of eMry by it or anyone acting by virtue of the powers herei�g�t ed R upon the Deed of Trust for debts
<br /> corrtracted or Ilabiliry or darns�es incuRed in themanagemerrt or operation of said premises. Trustee shall have the ri�to rely on any instrumer�,
<br /> documerrt or signature authorizing or supporting any action taken or proposed to be taken by it hereunder or believed bylt in good faith to be genufne.
<br /> Trustee shall be errtitled to reimbursemerrt for e ses incurred by ft in the perfomience of its duties hereunder and to reasonable compensation for such
<br /> of its servioes hereunder as shall be rendered.�rantor will,from time to Ume,pay compensation due Trustee hereunder and relmburse Trustee for and
<br /> save and hold it harrNess from and against any and all loss,cost,liabfliiy,darr�age and expense whatsoever incurred by it in the pertomiance of its duties.
<br /> All moneys received by Trustee shall,until used or applied as herein provided,be held ln trust fw thepurposes for whfch they were received,but need not
<br /> be segregated in any manner from any other moneys (except to tFie extern required by law) and Trustee shall be under no Ifability for irrterest on any
<br /> moneys reoeived by R hereunder.
<br /> 29. SUCCESSORS AND ASSIGNS. This Deed of Trust shall be binding upon and inure to the beneflt of Grarrtor and Lender and thefr respective
<br /> suxessors,assi�s,trustees,receivers,administrators,personal represerdatives,legatees and devisees.
<br /> 90. NOTiCES. Exoept as otherwise required by Iaw,any notioe or other communicatfon to be provided under this Deed of Trust shall be in writing and serrt
<br /> to the parties at the ad�esses desaibed in this Deed of Trust or such other address as the perties ma desi�ate in writing from tlme to time. My such
<br /> notice so gfven and serrt bY flrst dass mail,post�e prepafd,shall be deomed gNen the aerlier of three�3)days after such noUce is sent or when received
<br /> by ths psraon to whom such notice is 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 Iaw or is unenforceable,the rest of the Deed of Trust shall coritinue to be valid and enforceable.
<br /> S2 APPt�CABLE LAW. This Deed of Truat shall be govemed by the laws of the state where the real property is located. Unless applicable Iaw provides
<br /> atherwise,Greritor conserrts to the jurisd�tion and venue of any court selected by Lender,in ita sole�scredon,located(n that state.
<br /> 3S. IIAISCELLANEOUS. Grantor and Lender agree that time is of the essence. Grantor waives presenttr�M,demand for paymerrt,notice of dishonor and
<br /> protest except asreq uired by Iaw. All references to Grantor in this Deed of Trust shall lndude allpersons signing below. If there is more than one Grantor,
<br /> their Obligat(ons shail be p' irrt and several. Thfs Deed of Trust represerrts the complete irrtegrated understanding between Grarrtor and Lender pertaining to
<br /> the tem�s and oonc�dons hereof.
<br /> S4. NO THIRD PARTY RIGHTS. No person is or shell be a third perty benefldary of anyprovision of this Deed of Trust. All provisfons of this Deed of
<br /> Trust in favor of Lender are intended solely for the beneflt of Lender,and no third�shall be emitled to assume or expect that Lender will not waive or
<br /> conserrt to the rt�odiflcation of any provision of this Deed of Trust,in Lender's sole scretion.
<br /> S6. PRESERVATION OF UABILITY AND PRIORITY. Without affecting the Ilabllity of BorroHrer,Grantor,or any guarantor of the Obli�ations,or any other
<br /> person(except a person expreasly released in wrltin�)for the payrt�ent andperformence of the Obligations,and without affecUng the ngMs of Lender with
<br /> respect to any Property not expressly released in writfng,and wit(�out irtpsiring in any way the prio�ity of this Deed of Trust over the imerest of any person
<br /> a�uired or flrat evidenced by reoording subsequerrt to the recording of this Deed of Trust,Lender may,etther before or after the maturfty of the Obligations,
<br /> and without notioe or consent:release any person liable forpaymerrt or pertom�ance of all or any part of the Obligations;meke anya�eert�1 altering the
<br /> tem�s of paymeM orpertormanoe of all or any pert of the Obtigations;exercise or refreln from enerasing or wafve any rigM or remedy t�iat Lender may F�ave
<br /> seauing the Obligations� My personianoqui�ro�reoordin�gneviden��of aney�enst of�any nla re in th�e roiperty hall be deeremedrby aoquiring s�ucF�
<br /> frnerest or recording any evidence thereof,to have conserrted to all or any such acdons by Lender.
<br /> INEDOTD Rw.1?/B7 Pap�4d6
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