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<br /> � 20. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effeclive as a finanang
<br /> statemerrt and a fixture filing pursuant to the provislons of the Uniform Cormiercial Code (as adopted in the state where the real property 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 with
<br /> any and all replacements thereof and additions thereto(the"Chattels"),and Grantor hereby grants Lender a securiry interest in such Chattels. The debtor is
<br /> the Grantor described above. This Deed of Trust will be effective as a finandng statement filed as a fixture filing with respect to all fixtures induded within
<br /> said premises and is to be filed for record in the real estate records of each county where any part of said premises(induding said flxtures)is situated. This
<br /> Deed of Tn�st shall also be effective as a financing statement 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 finanang statemerrt relating to this Deed of Trust shall be suffiaent as a
<br /> finanang statement for any of the purposes referred to in this Paragraph. The secured party is the Lender described above. Upon demand,Grantor shall
<br /> make, execute and deliver such security agreements (as such term is defined in said Uniform Corrrneraal Code) as Lender at any time may deem
<br /> necessary or proper or required to grant to Lender a perfected security irnerest in the Chattels,and upon Grantor's failure to do so,Lender is autho�ized to
<br /> sign any such agreemeni as the agerrt of Grantor. Grarrtor hereby authorizes Lender to file finanang statements(as such term is defined in said Uniform
<br /> Cormiercial 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 flnancing stalemerrts. Grarrtor w111 pay all filing fees for the filing of such finandng statemerrts and for the refiling thereof at the tlmes required,in
<br /> the opinion of Lender,by said Uniform Commeraal Code. If the lien of this Deed of Trust be subject to any securiry agreement covering the Chattels,then
<br /> in the event of any default under this Deed of Trust,all the rigM,title and interest of Grarnor in and to any and all of the Chattels is hereby assigned to
<br /> Lender, together with the benefit of any deposits or paymems now or hereafter made thereof by Grantor or the predecessors or suxessors in title of
<br /> Grantor in the Properry.
<br /> 21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender, at Lender's opt ion,may expend funds(induding attomeys'fees and legal
<br /> expenses)to perform any act required to be taken by Grantor or to exerase any rigM or remedy of Lender under this Deed of Trust. Upon demand,Grantor
<br /> shall immediately reimburse Lender for all such amounts expended by Lender together wfth(nterest 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 urnil the date of reimtwrsement. These sums shall be induded in the definition of
<br /> Obligations herein and shall be secured by the benefiaal iMerest grarned herein. If the Obligations aze paid after the beginning of publication of notice of
<br /> sale,as herein provided,or in the ever�t Lender shall,at its sole option,pemrt Grantor to pay any part of the Obligations atter the beginning of publication of
<br /> notice of sale,as herein provided,then,GraMor shall pay on demand all expenses incurced 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 APPIJCATION OF PAYMENTS. The Trustee shall apply the prooeeds of the trustee's sale,flrst,to the costs and expenses of exercising the power of
<br /> sale and of the sale,including the paymerrt of the Trustee's fees actually incurred not to exceed the amoum which may be provided for in ihe Deed of Trust,
<br /> second,to payment of the obligation secured by the Deed of Trust,third,to ihe payment of junior deeds of trust,mortgages or other lienholders,and the
<br /> balance,if any,to the person or persons legally entitled thereto.
<br /> 23. POWER OF ATTORNEY. Grantor herebyappoirrts Lender as its attomey-in-fact to endorse Grantor's name on all instruments and other documerrts
<br /> pertaining to the Obligations or Deed of Trust. In addition, Lender shall be entitled, but not required, to Qerform any action or execute any documerrt
<br /> required to be taken or executed by Grantor under this Deed of Trust. Lender'spe rformance of such action or execution of such documents shall not
<br /> relieve Grantor from any Obligation or cure any defauR under this Deed of Trust. All powers of attomey described in this Deed of Trust are coupled with an
<br /> imerest and are irrevocable.
<br /> 24. SUBROGATION OF LENDER. Lender shall be subrogated to the rigMs of the holder of any previous lien, security irrterest or encumbrance
<br /> discharged wfth funds advanced by Lender regardless of whether these liens,security interests or other encumbrances have been released of record.
<br /> 25. COLLECTION COSTS. To the exterit permitted by Iaw.Grantor agrees to pay Lender's reasonable fees and costs,induding,but not limited to,fees
<br /> and costs of attomeys and other agerrts (indudin� without limitation paralegals, derks and consuftarrts), whether or not such attomey or agent is an
<br /> employee of Lender,which are incurred by Lender in collecting any amourrt due or enforang any rigM or rerr�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-judgment collection actions.
<br /> 26. PARTIAL RELEASE. Lender may release its irrterest in a portion of the Property by executing and recording one or more Partial Deeds of
<br /> Recorneyance wfthout affecting its irnerest in the remaining portion of the Property. Nothing herein shall be deemed to obligate Lender to release any of its
<br /> interesi in the Properry(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 Gramor is in defauft under this Deed of trust. The lien and secur'�1y irrterest created by the Deed of Trust remain in effect with respect to
<br /> that portion of the property,as defined in the Deed of Trust,that is not the subject of this or any Partial Deed of Recorneyance
<br /> 27. MODIFICATION AND WAIVER. The modification or walver of any of Grarrtor's Obligations or Lender's rigMs under this Deed of Trust must be
<br /> contained in a writing signed by Lender. Lender may perform any of Borrower's or Grantor's Obligations,delay or fail to exerdse any of its rigMs or aocept
<br /> paymeMs from Grarrtor or anyone other than Grantor without causing a waiver of those Obligations or rigMs. A waiver on one occasfon shall not constitute
<br /> a waiver on any other oa:asion. Grarrtor's Obli$ations under this Deed of Trust shall not be affected if Lender amends,compromises,exchanges,fails to
<br /> exerase,impalrs or releases any of the Obligations belonging to any Grantor,BoROwer or thirdp�y or any of hs rip�s against any Grantor, Borrower or
<br /> third party or any of the Property. Lender's fallure to insist upon strict performance of any of the Obli�gations shall notbe deemed a waiver and Lender shall
<br /> have the rigM at any time thereafter to insist upon strict perfomiance.
<br /> 28. SUBSTITUTE TRUSTEE;TRUSTEE LIABIUTY;COMPENSATION. In case of the death,inability,refusal to act or absence of the Truslee 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 appoirrt a new trustee in his place and stead,the holder of the Obligations is hereby grarrted full power to appoint in writing a
<br /> substitute trustee for said Trustee,and the substhute trustee shall,when appoir�ted,become suxessor 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. Trusiee
<br /> shall not be liable for any error of�dgmerrt or act done by Trustee, or be otherwise responsible or axournable under any circumstances whatsoever.
<br /> Tn�stee shall not be personally liable in case of eMry by it or anyone acting by virtue of the powers herein grarned it upon the Deed of Trust for debts
<br /> corrtracted or Ilabllity or dartias�es incurred in the managemerrt or operation of said premfses. Trustee shall have the right to rel on any instrumerrt,
<br /> documern or signature authorizing or supporting any act(on taken or Qroposed to be taken by ft hereunder or believed by it in faith to be genulne.
<br /> Trustee shall be errtltled to reimbursemerrt for expenses incurred by it in the performance of its duties hereunder and to reason e compensation for such
<br /> of its senrices hereunder as shall be rendered. Grantor will,from time to time,pay compensation due Trustee hereunder and relmburse Trustee for and
<br /> save and hold it harmless from and agatnst any and all loss,cost,liability,damage and expense whatsoever incurred by it in the performance of its dutfes.
<br /> All moneys received by Trustee shall,urrtil used or applied as hereinp�ovided,be held in trust for thepurposes for which they were received,!wt need not
<br /> be segregated in any menner f�om any other moneys (except to the extent requfred by Iaw) and Trustee shall be under no liabilfry for irrterest on any
<br /> moneys received by it hereunder.
<br /> 29. SUCCESSORS AND ASSIGN3. This Deed of Trust shall be bindinp upon and inure to the benefit of Grantor and Lender and their respective
<br /> sucxessors,assigns,trustees,receNers,�dministretors,personal represernatroes,legatees and devisees.
<br /> 30. NOTICES. Except as otherwise required by law,any notice or other cortrrrmication to be provided under this Deed of Trust shall be in wrfting and serrt
<br /> to the parties at the addresses descxibed 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 sern bv first dass mail,postage prepaid,shall be deemed given the earlier of three�3)days after such notice is serrt or when received
<br /> by the person to whom suoh notice is being given.
<br /> 31. SEVERABILITY. Whenever possible,each provislon of this Deed of Trust 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 corrtinue to be valid and enforceable.
<br /> S2. APPLJCABLE LAW. This Deed of Trust shall be govemed by the laws of the state where the real property is located. Unless applicable Iaw provides
<br /> otherwise,Grantor conserrts to the jurisdictlon and venue of any court selected by Lender,in its sole discretion,tocated in that state.
<br /> 33. IYNSCELLANEOUS. GraMor and Lender agree that time is of the essence. Grantor waives preserrtmer»,demand for paymertt,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' irrt and several. This Deed of Trust represerrts the complete integrated understanding between Grarrtor and Lender pertaining to
<br /> the terms and conditions hereof.
<br /> 34. NO 7HIRD 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 re entitled to assume or expect that Lender will not waNe or
<br /> conserrt to the modiflcation of any provision of this Deed of Trust,in Lender's sole discretion.
<br /> 96. PRESERVATION OF LIABILITY AND PRIORITY. Without affecting the liability of Borrower,Grantor,or any guaramor of the Obli�ations,or any other
<br /> person(except a person expressly released in writing)for the payment andpertormence of the Obligations,and without affecting the ngMs of Lender wfth
<br /> respecllo any Property not expressly released in writ(ng,and without impairing in any way the priority of this Deed of Trust over the interest of any person
<br /> acquired or first evidenoed by reoording subsequent to the recording of this Deed of Trust,Lender may,either before or after the maturfty of the Obligations,
<br /> and without notice or conserrt:release any person liable forpaymerrt or performance of all or any part of the Obligstions;meke anyagreemerrt altering the
<br /> terms of payr�nt orperformence of all or any part of the Obligations;exercise or refrain from exerdsing or waive any rigM or remedy that Lender may have
<br /> under the Deed of Trust;accepl additlonal sea�rity of any Idnd for any of the Obligations;or release or otherwise deal with any real or personal o rty
<br /> securing the Obligatfons. My person acquiring or recordfng evidenoe of any imerest of any nature in the Property shall be deemed, by acquiring sucf�
<br /> IMerest or recording any evidence thereof,to have consented to all or any such actions by Lender. �
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<br /> NEDOTD Rev.1297 � Paea d d B
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