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<br /> 20. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effective as a financing
<br /> statement and a fixture filing pursuarrt to the provisions of the Uniform Commercial Code (as adopled in the state where the real �xoperty is located)
<br /> covering fixtures,chattels,and artides of personal property now owned or hereafter attached to or to be used in connection with the Property together wilh
<br /> anq and all replacemerits thereof and additions thereto(the"Chattels"),and Grarrtor hereby grants Lender a securiry irrterest in such Chattels. The debtor is
<br /> the Grantor described above. This Deed of Trust will be effective as a finanang statemerrt filed as a fixture filing wilh respect to all flxtures induded within
<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 situated. This
<br /> Deed of Trust shall also be effective as a finanang staiemerrt covering any other premises and may be filed in any other appropriate filing or recording
<br /> office. A carbon,photographic or other reproduction of this Deed of Trust or of any finandng statemerrt relating to this Deed of Trust shall be suffiaern as a
<br /> financing statement for any of the purposes referred to in this Paragraph. The secured paAy is the Lender described above. Upon demand,Grantor shall
<br /> make, execute and deliver such sea�rity agreements (as such term is defined in said Uniform Cormieraal Code) as Lender at any time may deem
<br /> necessary or�xoper or required to grarrt to Lender a perfected security irrterest in the Chattels,and upon Grantor's failure to do so,Lender is authorized to
<br /> sign any such agreemerrt as the agent of Grarrtor. Grarrtor hereby authorizes Lender to file finanang statemeMs(as such term is defined in said Uniform
<br /> Commeraal 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 financing statements. Grantor will pay all filing fees for the filing of such finanang statemerrts and for the refiling thereof at the times required,in
<br /> the opinion of Lender,by said Uniform Commeraal Code. If the lien of this Deed of Trust be subject to any security agreement covering the Chattels,then
<br /> in the everrt of any defauh under this Deed of Trust,all the right,title and irtterest of Grarrtor in and to any and all of the Chattels is hereby assigned to
<br /> Lender,together with the benefit of any deposits or paymerrts now or hereafter made thereof by Grarrtor or the predecessors or suxessors in title of
<br /> Grarnor in the Property.
<br /> 21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender,at Lender's option,may expend funds(including attomeys'fees and legal
<br /> expenses)to perfoRn any act required to be taken by Grantor or to exerase any right or remedy of Lender under this Deed of Trust. Upon demand,Grantor
<br /> shall irrrnediately reimtwrse Lender for all such amourrts expe�ded by Lender together wiih interest thereon at the lower of the highest rate described in any
<br /> Obligation or the highest rate allowed by law from the date of paymerrt until the date of reimbursement. These sums shall be induded in the definition of
<br /> Obligations herein and shall be secured by the benefiaal interest grarrted herein. If the Obligations are paid after the beginning of publication of notice of
<br /> sale,as herein provided,or in the event 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,Grantor shall pay on demand all expenses incurred by the Trustee and Lender in connection with said publication,
<br /> including reasonable attomeys'fees to the attomeys for the Trustee and for ihe 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 exercising the power of
<br /> sale and of the sale,induding the payment 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 payment of the obligation secured by the Deed of Trust,third,to the paymerrt of junior deeds of trust, rrbrtgages or other lienholders,and the
<br /> balance,if any,to the person or persons legally entitled thereto.
<br /> 23. POWER OF ATTORNEY. Grantor herebyappoims Lender as its attomey-in-fact to endorse Grarrtor's name on all instruments and other documents
<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 document
<br /> required to be taken or executed by Grantor under this Deed of Trust. Lender'spe rformance of such action or execution of such documenls shall not
<br /> relieve Grarrtor from any Obligation or cure any defauh under this Deed of Trusi. All powers of attomey described in this Deed of Trust are coupled with an
<br /> interest and are irrevocable.
<br /> 24. SUBROGATION OF LENDER. Lender shall be subrogated to the rights of the holder of any previous lien, security ir�terest 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 /> 25. COLLECTION COSTS. To the exterrt pemrtted by law,Grantor agrees to pay Lender's reasonable fees and costs,induding,but not limited to,fees
<br /> and costs of attomeys and other ageMs (indudin�wrthout limtation paralegals, derks and consuftarns), whether or not such attomey or agent is an
<br /> employ�e of Lender,which are incurred by Lender in collecting any amount due or enforang any rigM or rert�edy under this Deed of Trust,whether or not
<br /> suit is brought,induding,but not limited to,all fees and costs incurred on appeal,in banlwptcy,and for post-judgmerrt collection actions.
<br /> Z6. PARTIAL RELEASE. Lender may release its interest in apo rtion of the Property by executing and recordin9 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 reqwred by law),nor shall Lender be obligated to release any part
<br /> of the Property if Grarrtor is in default under this Deed of 7rus1. The lien and securrt'yinterest 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,thai is not the subject of this or any Partial Deed of Reconveyance
<br /> 27. MODIFICATION 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. Lender may perform any of Borrower's or Grarrtor's Obligations,delay or fail to exerase any of its rigMs or accept
<br /> paymerrts from Grantor or anyone other than Grarnor without causing a waiver of those Obligations or rigMs. A waiver on one occasion shall not constitute
<br /> a walver on any other oa;asion. Grantor's Obli�ations 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 third party or any of its rights against any Gramor,Borrower or
<br /> third party or any of the Property. Lender's failure to insist upon strict perfom�ance of any of the Obligations shall not be deemed a wa�ver and Lender shall
<br /> have ihe rigM at any time thereafter to insist upon strict perfomiance.
<br /> 28. SUBSTITUTE TRUSTEE;TRUSTEE LIABILITY;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 in case the holder of the Obligations shall desire for any reason to remove the Trustee or any substitute trustee as
<br /> trustee hereunder and to appoirn a new trustee in his place and stead,the holder of the Obligations is hereby granted full power to appoirrt in writing a
<br /> substftute trustee for said Trustee,and the substitute trustee shall,when appoirned,become successor 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 judgmern or act done by Trustee, or be otherwise responslble or aocournable under any arcumstances whatsoever.
<br /> Trustee shall not be personally liable in case of entry by it or anyone acting by virtue of the powers herein graMed it upon the Deed of Trust for debts
<br /> corrtracted or liability or dama�es incuRed in the mana�ement or operation of said premises. Trustee shall have the ngM to rely on any instrument,
<br /> documerrt or signature authorizing or supporting any action taken or{xoposed to be taken by it hereunder or believed by it in good faith to be genuine.
<br /> Trustee shall be errtitled to reimbursement for expenses incurred by it m the perfomrance of its duties hereunder and to reasonable compensation for such
<br /> of its services 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 hamiless from and against any and all loss,cost,liability,damage and expense whatsoever incurred by it in the performance of its duties.
<br /> All moneys received by Trustee shall,urrtil used or applied as hereinprovided,be held in trust for thepurposes for which they were reoeived,but need not
<br /> be segregated in any manner from any other moneys(except to the extent required by law)and Trustee shall be under no liability for interest on any
<br /> moneys receNed by it hereunder.
<br /> 29. SUCCESSORS AND ASSIGNS. This Deed of Trust shall be bindin� upon and inure to the benefit of Grarrtor and Lender and their respective
<br /> suxessors,assigns,trustees,receivers,administrators,personal represerrtatroes,legatees and devisees.
<br /> 30. NOTICES. Except as otherwise required by law,any notice or other cormwnication to be provided under this Deed of Tn�st 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 parties ma designate in writing from time to time. My such
<br /> notice so given and sent by first dass mail,postage prepaid,shall be deemed given the earlier of three�3)days after such notice is sent or when received
<br /> by the person to whom such notice is being gNen.
<br /> 31. SEVERABILITY. Whenever possible,each provision of this Deed of Trust shall be irrterpreted so as to be effective and valid under applicable state
<br /> law. If any provision of this Deed of Trust violates the law or is 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 applicable law provides
<br /> otherwise,Grarrtor consents to the jurisdiction and venue of any court selected by Lender,in its sole discretion,located in that state.
<br /> 33. MISCELLANEOUS. Grantor and Lender agree that time is of the essence. Grantor waives preserrtment,demand for paymerrt,notice of dishonor and
<br /> protest excePt asrequired by law. All references to Grantor in this Deed of Trust shall indude all persons signing below. If there is more than one Grantor,
<br /> their Obligations shall be p' iM and several. This Deed of Trust represerrts the complete ir►teg�ated understan�ng between GraMor and Lender pertaining to
<br /> the terms and condnions 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 intended solely for the benefit of Lender,and no third party,shall Ye errtitled to assume or expect thai Lender will not waive or
<br /> consent to the modification of any provision of this Deed of Trust,in Lender's sole discretion.
<br /> 35. PRESERVATION OF LIABIUTY AND PRIORITY. Wtthout affecting the liability of Borrower,Grarrtor,or any guarantor of the Obligations,or any other
<br /> person(except a person expressly released in writing)for the paymerrt and perfomiance of the Obligations,and wtthout affecting the rights of Lender with
<br /> respect to any Property not expressly released in writing,and without impainng m any way the priority of this Deed of Trust over the irrterest of any person
<br /> acquired or first ewdenced by recordmg subsequerrt to the recording of this Deed of Trust,Lender may,either before or after the maturity of the Obligations,
<br /> and without notice or consern:release any person liable for ymerrt or performance of all or any part of the Obligations;make any agreemerrt altering the
<br /> terms of payment orperformance of all or any part of the igations;exerase or refrain from exerasing or waive any n9M or remedy that Lender may have
<br /> under the Deed of Tn�st;axept additional security of any Idnd for any of the Obligations;or release or othervvise deal with any real or personal property
<br /> securing the Obligations. My person acquiring or recording evidence of any irrterest of any nature in the Property shall be deemed, by acquiring sucf�
<br /> irnerest or recording any evidence thereof,to have conserrted to all or any such actions by Lender.
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