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<br /> 20. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Tnist shall be considered and be effectNe as a flnanang
<br /> statemer� and a flxture fliing pursuant to the provisions of the UNform Cortmerdal Code (as adopted in the state where the real property is located)
<br /> covering flxtures,c�iattels,and ertides of personal properry now owned or hereafter attached to or to be used in connection with the Property together with
<br /> any and all replacements thereof and additions thereto(the"Chattels"),and Grantor hereby�ants Lender a secu�ity irrterest fn such Chattels. The debtor is
<br /> the Grantor descxibed above. This Deed of Trust will be effective as a flnandng statemerrt flled as a flxture flling wfth respect to all fixtures Induded within
<br /> safd premises and is to be flled for record fn the real estate reoords of each courrty where any part of said premises(induc�ng sald flxtures)Is situated. This
<br /> Deed of Trust shall also be effective as a 8nandng statemerrt covering any otherpremises and may be flled in any otherapproprfate flling or recording
<br /> office. A carbon,photographic or other reproductfon of this Deed of Trust or of any flnandng statement relatfng to this Deed of Trust shall be suffiaent as a
<br /> flnandng statement for any of the purposes referred to fn thfs Paragraph. The secured perty is the Lender described above. Upon demend,Grarnor shall
<br /> make, execute and deiiver such security a�eemerrts (as such term is defined in said Uniform Cormierdal Code) as Lender at any time may deem
<br /> necessary or proper or required to grant to Lender a perfected security irrterest in the Chattels,and upon Gtantor's failure to do so,Lender is authorized to
<br /> sign any such agreemern as the agern of Grantor. Grarrtor hereby authorizes Lender to flle 8nanang statements(as such term is defined in said Uniform
<br /> Cortmercial Code)wfth respect to the Chattels,at any tfine,without the sfgnature of Grarrtor. GraMor will,however,at eny rime upon request of Lender,
<br /> sign such flnanang statemerrts. Grarrtor will pay all filing fees for the flling of such financing atatements and for the reflAng thereof at the times required,in
<br /> the opinion of Lender,by said UNform CoRmerdal Code. If the Ilen of this Deed of Trust be subject to any security agreernarrt covering the Chattels,then
<br /> in the everrt of any default under this Deed of Trust,all the rigM,t�le and irnerest of Granior in and to any and all of the Chattels is hereby assigned to
<br /> Lender,together with the beneflt of any deposits or payments now or hereafter made thereof by Grarrtor 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 o lon,may expend funds(induding attomeys'fees and legal
<br /> expenses)to perform any act required to be taken by Grantor or to exerdse any rfgM or rert�y of Lender under this Deed of Trust. Upon demand,Grarrtor
<br /> shall irtrnediately reimburse Lender for all such emouMs expended by Lender together wfth iMerest thereon at the lower of the hlghest rate described in any
<br /> Obll�tion or the highest rate allowed by law from the date of paymerrt u►rtil the daie of reimbursemertt. These sums shall be induded In the definftion of
<br /> Obligations herefn and shall be secured by the benefldal irrterest granted herein. If the Obligations are paid after the beginning of publication of notice of
<br /> sale,es herein provided,or in the everrt L.ender shall,at its sole option,pemit Grarrtor to pay any part of the Obligations after the beginning of publicatlon of
<br /> noUce of sale,as herefn provided,then,GraMor shall pay on demand all expenses incurred by the Trustee and Lender in connection wfth 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 shallappIy the proceeds of the trustee's sale,flrst,to the costs and expenses of exerdsing the power of
<br /> sale and of the sale,indu�ng the paymeM of the Trustee's fees actually incurred not to exceed the amoum whfch may be provided for in the Deed of Trust,
<br /> second,to paymerrt of the obligatfon secured by the Deed of Trust,th�rd,to the paymerrt of junior deeds of trust,mortgages or other lienholders,and the
<br /> balanoe,If any,to the person or persons legally entitled thereto.
<br /> 29. POWER OF ATTORNEY. Grantor herebyappoirrts 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 additbn, Lender shall be errtitled, but notrequired,tope rform any action or execute any document
<br /> r ired to be taken or executed by Grantor under this Deed of Trust. Lender'spe rfomienoe of such actlon or execution of such documerrts shall not
<br /> rel�Grantor from any Obligation or cure any defauN under this Deed of Trust. All pwers of attomey des�xibed 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 rights of the holder of eny prevlous Ilen, security irrterest or encumbrance
<br /> diacharged wNh funds advenced by Lender regardless of whether these Ilens,sea�rtty irrterests or other encumbrances have been released of record.
<br /> 26. COLLECTION COSTS. To the extent pem�tted bY law,Grantor agrees to y Lender's reasonable fees and costs,Induding,but not Iim�ted to,fees
<br /> and costs of attomeys and other agerrts (induc�ng whhout limitatlon peralegals�, derks and consultants), whether or not such attomey orage rrt is an
<br /> employee of Lender,which are incurred by Lender in collecting any amourri due or enfordng any risaM or remedy under this Deed of Trust,whether or not
<br /> suit is brought,induding,but not limited to,all fees and oosts incurred on appeal,in baniwptcy,and�or post-judgment collection actions.
<br /> 28. PARTIAL RELEASE. Lender may release its Imerest in apo rtion of the Property by executing and recording one or more Partlal Deeds of
<br /> Recomeyanoe wfthout affecNng fts irrterest in the remefning portion of the Property. Not ih ng herein shall be deemed to obligate Lender to release any of fts
<br /> irnerest in the Property(except as requfred under Paragraph 38 or as may be otherwise requfred by Iaw),nor shall Lender be obligated to release any part
<br /> of the Properry If Grantor is in default under this Deed of 7rust. The Ilen and secu�ry irrterest created by the Deed of Trust remain in effect wnh respect to
<br /> that portion of the properry,as deflned in the Deed of Trust,that is not the subject of tF�is or any Partfal Deed of Recorneyance
<br /> 27. MODIFICATION AND WAIVER. The modlflcation or waiver of any of Gramor's Obligations or Lender's riph�s under this Deed of Trust must be
<br /> contained in a wriNng signed by Lender. Lender may perfortn any of Borrower's or Grantor's Obligatlons,delay or fail to exercise any of its rights or accept
<br /> paymerrts from Grarrtor or anyone other than Grantor wfthout causing a waiver of those Oblipations orr�hts. A walver on one occasion shall not constitute
<br /> a waNer on eny other occasion. Grarrtor's Oblfgations under this Deed of Trust shall not be affected if�Lender amends,compromises,exchanges,fails to
<br /> exerase,Impeirs or releases any of the Obligations belonging to any Grantor,Borrower or thirdperty or any of its rigMs against any Grantor,Borrower or
<br /> third pazty or any of the Property. Lender's failure to insist upon strict perfom�ence of any of the Obli�gatfons shall not be deemed a waiver and Lender shall
<br /> have the rlgM at any time thereafter to insist upon atrict perfom�ence.
<br /> 28. SUBSTITUTE TRUSTEE;TRUSTEE LJABIUTY;COMPENSATION. In case of the death,InabiBry,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 end to appoirrt a new trustee in h(s place and stea7,the holder of the ObNgations is hereby grarrted full power to appoint in writing a
<br /> substftute trustee for seld Trustee,and the substftute trustee shali,when appoiMed,become successor to all rights of Trustee hereunder and the sarne shall
<br /> become vested In him for the purposes and objects of 1Ms Deed of Ttust wtth ell the power,dutles and obligaUons hereln conferred on the Trustee. Trustee
<br /> shall not be fiable for any error of�udgmem o�ac�done by Trustee, or be otherwise responsible or axountable under any arcumstances whatsoever.
<br /> Trustee shall not be personaliy liable in caae of er�try by ft or anyone actlng by virtue of the powers herein granted it upon the Deed of Trust for debts
<br /> contracted or Ilablliry a derneqes IncuRed in the managemerrt or operatlon of said premises. Trustee shall have the rigM to rely on any instrument,
<br /> documant or signature authorizing or supporting any actlon taken or proposed to be taken by ft hereunder or believed by it in good faith to be genuine.
<br /> Trustee shall be ernitted to reimbursemerrt for expenses incurred by it in the performance of its duties hereunder and to reasonable compensation for such
<br /> of fts services hereunder as shall be rendered. Grarnor will,from time to time,pay compensation due Trustee hereunder and reimburse Trustee for and
<br /> save and hold it ham�less from and againat any and all loss,cost,liabiliry,darnage and expense whatsoever incurred by it in the perfom�ance of fts duties.
<br /> All nwneys receNed by Trusiee shell,urrtil used or applled as hereinpro vided,be held in trust for thepurposes for which they were received,but need not
<br /> be segregated in any msnner from any other moneys(exoept to the exterrt requfred by law)and Trustee shell be under no liabiliry for irrterest on any
<br /> moneys received by it hereunder.
<br /> 29. SUCCESSORS AND A381GN3. Thfs Deed of Trust shall be binding upon and inure to the bene�t of Grantor and Lender and their respective
<br /> successors,assigns,trustees,receivers,administrators,personal represerrtatives,legatees and devisees.
<br /> 30. NOTICE8. Except as otherwise required by Iaw,any notice or other oormunicatlon to be provided under this Deed of Trust shall be in writing and serrt
<br /> to the partles at the addresses described In this Deed of Trust or such other address as the perties ma designate in writing from tfine to time. Any such
<br /> noUce so given end serrt by flrst dass meil,postage prepafd,shall be deemed gfven the earller of three�3)days after such notice Is serrt or when received
<br /> by the person to whom such notioe is being gNen.
<br /> 91. SEVERABIUT1f. Whenever possfble,each provisfon of this Deed of Tnast shall be Interpreted 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 coMinue to be valid and enforceable.
<br /> S2 APPUCABLE LAW. This Deed of Trust shell be govemed by the laws of the state where the real property is located. Unless applicable Iaw provides
<br /> otherwfse,Grentor conserits to the jurisdictlon and venue of eny court selected by Lender,in fts sole discretion,located in that state.
<br /> 33. MIBCELLANEOU3. Grantor and Lender agree that time is of the essence. GraMor waives presentment,demend for paymerrt,notice of dishonor and
<br /> protest except as uired by law. All references to Grantor in thfs Deed of Trust shall indude all persons signing below. If there is more than one Grantor,
<br /> their Obligatfons sh�be p' irrt and several. Thfs Deed of Trust represerrts the complete(ntegrated understanding between Grarrtor and Lender pertaining to
<br /> the tertns and conditions hereof.
<br /> 34. NO THIRD PARTY RIGHTS. No person is or shell be a third perty benefldary of anyprovision of this Deed of Trus1. All provisions of this Deed of
<br /> Trust in favor of Lender are irrtended solely for the beneflt of Lender,and no thlyd party shell re errtitled to assume or expect that Lender will not waive or
<br /> conserrt to the modification of any provislon of this Deed of Trust,in Lender's sole discretfon.
<br /> 96. PRESERVATION OF IJABILlTY AND PRIORITY. Without affecting the BabilNy of Borrower,Grantor,or any guarantor of the Obligations,or any other
<br /> person(except a person expressly released in writins�)for the paymerrt andpertormance of the Obligations,and without affecting the rights of Lender wfth
<br /> respect to eny Property not expressly released in wrftng,and without impeiring in any way the priority of this Deed of Trust over the irrterest of any person
<br /> acquired or flrat evidenced by recording subsequern to the recording of this Deed of Trust,Lender may,efther before or after the maturity of the Obligations,
<br /> and wfthout notice or conserrt:release any person Aable forpeyment or performance of ell or any part of the ObUgations;rt�ke any agreement alterin9 the
<br /> temis of peymerrt or��erfomiance of all or any part of the Obligations;exerdse or refrafn irom exerdsing or walve any�i M or remedy that Lender may have
<br /> under the Deed of Trust;accept additfonal security of any Idnd for any of the Obligations;or release or otherwise�wRh any real or personal property
<br /> securing the Obligations. My person ac�ul�ing or recor�ng evidenoe of eny irnereat of any nature in the Property shall be deemed, by acquiring sucF�
<br /> frrterest or reco�ng any evidence thereof,to have conaemed to all or arry such actions by Lender.
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