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99• 168364
<br /> 20. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Dead of,Trust shall be considered and be effective as a flnandng
<br /> -statemerrt and a flxture flling pursuant to the provisions of the Uniform Commerdal Code (as adopted in the state where the real property is located)
<br /> covering flxturea,chattels,and artides ofpersonal property now owned or hereafter attached to or to be used in connection with the Property together with
<br /> any and ail replacemerrts thereof and additions thereto(the"Chattels"),and Grantor hereby grants Lender a security irrterest in such Chattels. The debtor is
<br /> the Grantor described above. This Deed of Trust wlll be effective as a financing statement flled as a fixture filing with respect to all fixtures induded within
<br /> said premises and is to be filed for reoord in the real estate records of each courrty where any part of said premises(induding said flxtures)is situated. This
<br /> Deed of Trust shall also be effectNe as a flnandng statemerrt covering any other premises and may be filed in any otherappropriate flling or reoording
<br /> offlce. A carbon,photographic or other reproduction of this Deed of Trust or of any flnanang statement rela�ng to this Deed of Trust shall be sufflaerrt as a
<br /> finanang statemerrt for any of the purposes referred to in this Paragraph, The secured party is the Lender described above. Upon demand,Grarrtor shall
<br /> meke, execute and delfver such securiry agreements (as such term 1s deflned in said Uniform Cortmerdal Code) as Lender at any time may deem
<br /> necessary or proper or required to grant to Lender a perfected securfty irrterest in the Chattels,and upon Grantor's failure to do so,Lender is authorized to
<br /> slgn any such agreement as the agerrt of Grantor. Grantor hereby authorizes Lender to flle flnandng statemaMs(as such term is deflned in sald UnifoRn
<br /> Corm�rcial Code)with respect to the Chattels,at any time,without the signature of Grantor. Grarrtor w(Ii,however,at any time upon request of Lender,
<br /> tF e opi on of l.ender, ��^��il�y�all ftC ion�g feei�e Ileneof'fthia Deed of Tn�isdtn�stat�emerrts and for the refiling thereof at the times required,in
<br /> �ect to any securiry agreement covering the Chattels,then
<br /> in the eveM of any default under this Deed of Trust,all the rigM,title and interest of Grantor in and to any and all of the Chattels is hereby asaigned to
<br /> Lender,together with the beneflt of any deposits or peymerrts now or hereafter made thereof by Grantor or the predecessors or suocessors in title of
<br /> Grantor in the Property.
<br /> 21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender,at Lender's opdon,may expend funds(induding attomeys'fees and legal
<br /> expenses)to perform any act required to be taksn by Grantor or to exerdse any rigM or remedy of Lender under this Deed of Trust. Upon demand,Grarrtor
<br /> shall irrrnedlately reimburse Lender for all such amourrts expended by Lender together wRh irrterest thereon ffi the lower of the hfghest rate described in any
<br /> Obligation or the highest rate allowed by law from the date of payment urrtil the date of reimbursement. These sums ahall be induded in the definftion of
<br /> Obligations herein and shall be secured by the benefldel irrterestg�t ed herein. If the ObligaUons are paid after the beginning of publication of notice of
<br /> sale,as herein provided,or in the everrt Lender shalt,at its sole optlon,pem4t Grantor to pay any part of the Obllgations after the beginNng 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 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 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 thepaymerrt of the Trustee's fees actually IncuRed 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,third,to the paymerrt of junior deeds of trust, mortgages or other lienholders,and the
<br /> balanoe,N any,to the person or persons legally errtitled thereto.
<br /> 23. POWER OF ATTORNEY. Grantor herebyappoiMs Lender as its attomey-in-fact to endorse Grarrtor's name on all instrumerrts and other documerrts
<br /> pertaining to the Obligations or Deed of Trust. In addition, Lender shall be errtitled, but notrequired,to perform any action or execute any documsrrt
<br /> required to be taken or executed by Grantor under this Deed of Trust. Lender'spe rformance of such acbon or execution of such documerrts shall not
<br /> relieve Grarrtor irom any Obligation or cure any default under this Deed of Trust. Atl pwers of attomey described in this Deed of Trust are coupled with an
<br /> irrterest and are irrevocable.
<br /> 24. SUBROGATION OF LENDER. Lender shall be subrogated to the rigMs of the holder of any previous lien, securiry irrterest or encumbrance
<br /> discharged wfth funds advanced by Lender regardless of whether these liens,seautty interests or other encumbrances have been released of record.
<br /> �. COLLECTION COSTS. To the exterrtpem9tted�y law,Grarnor agrees to y Lender's reasonable fees and costs,induding,but not Iimfted to,fees
<br /> and costs of attomeys and other agerrts (induding without Iimitation paralegalsaderks and consuftarrts), whether or not such attomey or agerrt is an
<br /> employee of Lender,which are incurred by Lsnder�n collecting any amcunt due or enfordng any rigM or rert�edy under this Deed of Trust,whether or not
<br /> suit is brougM,induding,but not Iimited to,all fees and costs incurred on appeal,in banlwptcy,and for post-judgmeM collection actions.
<br /> 28. PARTIAL RELEASE Lender may release fts interest in apo rtion of the Property by executing and recording one or more Partial Deeds of
<br /> Reconveyance without affecting its irrterest in the remeining portion of the Property. Nothing herein shalt be deemad to obligate Lender to release any of its
<br /> irrterest 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 the Property if Grantor is fn default under this Deed of trust. The Uen and secu�ity irrterest cxeated by the Deed of Trust remain in effect with respect to
<br /> that portion of the property,as deflned in the Deed of Trust,that is not the aubject of tf�is or any Partial Deed of Recorneyance
<br /> 7l. MODIFICATION AND WAIVER. The rtw�flcatfon or waiver of any of Grantor's Obligations or Lender's rigMs under this Deed of Trust must be
<br /> oontafned in a writing signed by Lender. Lender may perform any of Borrower's or Granto�'s Obligat(ons,delay or fail to exerase any of its riflhis or axept
<br /> paymerrts from Grantor or anyone other than Grarttor without causfng a waiver of those Obligedons or ri�hts. A waiver on one oa:asion ahall not consthute
<br /> a waiver on any other oa�sion. Grantor's Obligations under this Deed of Trust shall not be affected if-f..ender amends,co Mses,exchanges,fails to
<br /> exerdse,impairs or releases any of the Obligatfons belonging to any Grantor,Borrower or thirdparty or any of its rigMs a nst any Grarrtor,Borrower or
<br /> third party or any of the Property. Lende�'s failure to insist upon strlct performance of any of the Obli-gations shall not be deemed a waiver and Lender shall
<br /> have the rigM at any time thereafter to insist upon atrict performence.
<br /> 28. SUBSTiTUTE TRUSTEE;TRUSTEE UABILITY;COMPENSATION. In case of the death,inabiliry,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 Trustee or any substftute trustee as
<br /> trustee hereunder and to appoirn a new tn�stee in his place and stead,ihe holder of the Obligations is hereby granted full power to appoint in writing a
<br /> substitute trustee for said Trustee,and the substftute trustee shall,when appoirrted,become successor to all rights of Trustee hereunder and the sarr�e shall
<br /> beccrt�e 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 udgrt�errt or act done by Trustee, or be otherwise responsible or accourrtable under any circumstances whatsoever.
<br /> Trustee shall not be personally li�e in case of errtry by it or anyone acting by virtue of the powers herein grarited'R upon the Deed of Trust for debls
<br /> contracted or Ilabiliry or dama�es incurred in the manapemerrt or operation of said premises. Trustee shall have the rigM to rel on any instrumerrt,
<br /> document or signature suthorizing or supporting any acdon taken orproposed to be taken by R hereunder or believed by ft in�faith to be genuine.
<br /> Trustee shall be errtitled to reimbursemerrt for expenses incurred by it in the performence of its duties hereunder and to reasonable compensation for such
<br /> of hs services hereunder as shall be rendered. Grarrtor will,from time to time,pay compensation due Trustee hereunder and reimburse Trustee for and
<br /> save and hold it hamiless from and against any and all loss,cost,liabiliy,darrrage and expense whatsoever incurred by it in the performance of its duties.
<br /> All moneys received by Trustee shall,urrtfl 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 manner from any other moneys(except to the exteM required by law) and Trustee shall be under no Ilability for irrterest on any
<br /> mcneys recebed by ft hereunder.
<br /> 29. SUCCESSORS AND ASSIGNS. Th1s Deed of Trust shall be binding upon and inure to the benefit of Grantor and Lender and their respective
<br /> sucoessors,assi�s,trustees,receivers,a�ninistrators,personal represerrtatives,legatees and devisees.
<br /> 90. NOTICES. Except as otherwise required by law,any notice or other cormunication to be provided under this Deed of Trust shall be in writing and sent
<br /> to the parties at the addresses descrlbed in this Deed of Trust or such other address as the parties ma designate in writing from time to time. My such
<br /> noUce so gNen and serit bv first dass meil,postage prepaid,shall be deemed given the earifer of three�3)days after such notice is sent or when received
<br /> by the person to whom such notice is being given.
<br /> S1. SEVERABWTY. Whenever possible,each provision of this Deed of Trust shall be interpreted so as to be effective and velid 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 Tn�st ahall corrtinue to be valid and enforceable. �
<br /> 32 APPLICABLE LAW. This Deed of Trust shall be povemed by the Iaws of the state where the real properry is located. Unless applicable law provides
<br /> othervvise,Grantor consents to the jurisdiction and venue of any court selected by Lender,in fts sole dfacretion,located in that state.
<br /> 33. AMSCELLANEOUS. Grantor and Lender agree that time is of the essenoe. Grantor waives preserrtmerrt,demend fot paymerrt,notice of dishonor and
<br /> protest except as uired by law. All references to Grantor in this Deed of Trust shall indude allpersons signing below. If there is more than one Grarrtor,
<br /> their Obligatfons sh�be p' iM and several. This Deed of Trust represerns the complete irrteprated understanding between Grantor and Lender pertaining to
<br /> the tem�s and con�tions hereof.
<br /> S4. NO THIRD PARTY RIGHT3. 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 fntended solely for the beneflt of Lender,and no thirdparty shall be errtitled to assume or expect that Lender will not waive or
<br /> consent to the modiflcation of any provision of this Deed of Trust,in Lender's sole dfscretion.
<br /> S6. PRESERVA710N OF LIABIUTY AND PRIORITY. Without affecting the Ifabiliry of Borrower,Granto�,or any guaraMor of the Obligations,or any other
<br /> person(except a person expressly released ln writing)for the payrtient andpertormence of ihe Obligations,and without affecting the rishts of Lender wfth
<br /> respect to any Property not expressly released in writing,and wfthout irtpalrfng in any way the prioriry of this Deed of Trust over the IMerest of any person i
<br /> a�ired or flrat evidenoed by recording subsequerrt to the recording of thls Deed of Truat,Lender may,eRher before or after the maturity of the Obligations,
<br /> and wittwut notice or conaerrt:release any person liable brpaymerrt or performence of all or any part of the ObNgations;make anyagree ment altering the
<br /> tem�s of paymerrt or pertormance of aii or any pert of the Obligations;exerdae or refrain from exerdsing or waive any ri M or remedy that Lender may f�ave
<br /> under the 6eed of Trust;aocept ad�tional securiry of any Idnd for any of U�e Obifgations;or release or otherwiae�with any real or personal property
<br /> securing the Obligations. Any peraon soquiring or reooniing evidence of any irtterest of any nature in the Property shall be deemed, by acquiring sucF�
<br /> irrterest or rocotding any evidence thereof,to have oonserrted to all or any wch ecNons by Lender.
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