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� �V�vi
<br /> 20. SECl1RITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of �ist shiall be considered and be effective as a financing
<br /> staiemenl and a fixture filing pursuant to the provisions of the Uniform Commercial Code (as adopted in the state where the real property is located)
<br /> covering fixtures,chattels,and articles of personal property now owned or hereafter atiached to or to be used in connection with tYie Propeny together witYi
<br /> ahy and all replacements thereof and additions ihereto(the"Chattels"),and Grantor hereby grants Lender a security interest in such Chattels. The debtor is
<br /> the Granlor described above. This Deed of Trust will be effective as a financing statement filed as a fixture filing with respect to all fixtures included witfiin
<br /> said premises and is to be filed for record in the real estate records of each county wtiere any part of said premises(including said fixtures)is situated. Ttiis
<br /> Deed of Trust shall also be effective as a financing statement covering any other premises and n�y be filed in any other appropriate filirig or recording
<br /> office. A carbon,pholographic or other reproduction of this Deed of Trust or of any financing statement relating to this Deed of Trust shall be sufficient as a
<br /> financing staternent for any of the purposes referred to in this Paragraph. The secured party is the Lender described above. Upon demand,Grantor shall
<br /> rrk�ke, execute and deliver such security agreemenis (as such term is defined in said Uniform Commercial Code) as �ender at any time rnay deem
<br /> necessary or proper or required io grant to Lender a perfected security interest in the Chattels,and upon Grantor's failure to do so, Lender is authiorized io
<br /> sign any such agreement as the agent of Grantor. Granior hereby authorizes Lender to file financing statements(as such term is defined in said Uniform
<br /> Cornmercial Code)with respect to the Chattels,at any time,without the signature of Grantor. Grantor will, however,at any time upon request of L.erider,
<br /> sign siich financing sTatements. Grantor will pay all filing fees for the filing of such financing statemenis and for the refiling thereof at the times required, in
<br /> the opinion of Lender,by said Uniform Commercial Code. If the lien of this Deed of Trust be subject to any security agreement covering the Ctiattels,trien
<br /> in the event of any default under ihis Deed of Trust, all ihe rigFit, title and interest of Grantor in and to any and all of the Chattels is hereby assiqned to
<br /> Lender, together wilh the benefit of any deposits or payments now or hereafter made thereof by Grantor or the predecessors or successors in title of
<br /> Grantor in the Property.
<br /> 21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender, at Lender's option, may expend funds (indi.idirig attorrieys' iees arid legal
<br /> expenses)to perform any act required to be taken by Grantor or to exercise any right 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 with interest thereon at the lower of the highest rate desrribed in airy
<br /> Obligation or the highesl rate allowed by law from the date of payment until the date of reimbursement. These sums shall be included in tlie definition of
<br /> Obligaiions herein and shall be secured by the beneficial interest granled herein. If the Obligations are paid after the beginning of publication of notic;e of
<br /> sale,as herein provided,or in the event Lender shall,at its sole option,permit Grantor 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 ihe Trustee and Lender in connection witli said publication,
<br /> including reasonable attorneys'fees to the attorneys for the Trustee and for ihe Lender,and a reasonable fee io the Trusiee,and this Deed of Tri�st shall be
<br /> securiiy for all such expenses and fees.
<br /> 22. APPLICATION OF PAYMENTS. The Trusiee shall apply the proceeds of the tnastee's sale,first,io the costs and expenses of exercisirig ihe power of
<br /> sale and of the sale,including the payment of the Trustee's iees aclually incurred not to exceed the amount which may be provided for in the Deed of Tri ist,
<br /> second,to payment of the obligation secured by the Deed of Trust,third,to ihe payment of junior deeds of trusi, morigages or other lienholders,and the
<br /> balance,if any,to the person or persons legally entitled iherelo.
<br /> 23. POWER OF ATTORNEY. Grantor hereby appoints Lender as its attorney-in-fact to endorse Grantor's name on all instruments and other doruments
<br /> pertaining to the Obligations or Deed of Trust. In addition, Lender shall be entitled, 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's performance of such action or execution of such documents shall not
<br /> relieve Grantor from any Obligation or cure any default under this Deed of Trust. All powers of attorney 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, securiiy interest or enci�mbrance
<br /> discharged with funds advanced by Lender regardless of whether ihese liens,seairity interesis or other encumbrances have been released of record.
<br /> 25. COLLECTION COSTS. To the extent permitted by law,Grantor agrees to pay Lender's reasonable fees and costs, including,but not limited to,fees
<br /> and costs of attorneys and other agents (including without limitation paralegals, clerks and consultants), whether or not such attorney or agent is an
<br /> empioyee of Lerider,which are incurred by Lender in collecting any amount due or enforcing any right or rernedy under this Deed of Trust,whether or not
<br /> suit is brouglit,induding,bui not limited to,all fees and costs incurred on appeal,in bankruptcy,and for post judgment collection actions.
<br /> 26. PARTIAL RELEASE. Lender may release iis interest in a portion of the Property by executing and recording one or more Partial Deeds of
<br /> Reconveyance without affecting its interest in the remaining portion of the Property. Nothing herem shall be deemed to obligate Lender to release any of its
<br /> inierest in lhe 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 ihe Property if Grantor is in defauli under this Deed of Trust. The lien and security interest created by the Deed of Triast remain in effect with respect to
<br /> thai portion of the property,as defined in the Deed of Trust,that is not the subject of ihis or any Partial Deed of Reconveyance
<br /> 27. MODIFICATION AND WAIVER. The modification or waiver of any of Grantor's Obligations or Le�der's rights 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 exercise any of its righTs or accept
<br /> payi��ents from Grantor or anyone other than Grantor wrthout causing a waiver of ihose Obligations or rights. A waiver on one occasion shall not constitur�
<br /> a waiver on any oiher occasion. Grantor's Obligations under this Deed of Trust shall not be affected if Lender amends,compromises,exchianges, fails to
<br /> exercise, impairs or releases any of the Obligations belonging to any Grantor, Borrower or third party or any of its righis against any Grantor, Borrower or
<br /> ihird party or any of ihe Property. Lender's failure to insist upon strict performance of any of ihe Obligations shall not be deemed a waiver and Lender sl�all
<br /> have the right at any time ihereafier to insist upon sirict performance.
<br /> 28. SUBSTITUTE TRUSTEE;TRUSTEE LIABILITY;COMPENSATION. In case of the death,inability,refusal to act or absence of the Trustee from the
<br /> siate where the real property is localed or in case the holder of the Obligations shail desire for any reason to remove the Trustee or any substilute irustee as
<br /> truslee hereunder and to appoint a new irustee in his place and stead, the holder of the Obligations is hereby granted full power to appoint in writinq a
<br /> substitute trustee for said Trustee,and ihe substitute trustee shall,when appointed,become successor to all rights of Trustee hereunder and the sarne shall
<br /> become vested in him for the purposes and objects of this Deed of Trust with all the power,duties and obligations herein conterred on the Trustee. Tri.istee
<br /> shall not be liable for any error of judgment or aci done by Trustee, or be otherwise responsible or accountable under any circurnstances whatsoever.
<br /> Trustee shall not be personally liable in case of eniry by it or anyone acting by virtue of the powers herein granted ii upon the Deed of Trust for debt�
<br /> cornracted or liability or damages incurred in the managemeni or operation of said premises. Trustee shall Fiave ihe right to rely on any instri.�rnent,
<br /> document or signature authorizing or supporting any action taken or proposed to be taken by it hereunder or believed by rt in good faitfi to be yenuine.
<br /> Trustee shall be entitled to reimbursement for expenses incurred by it in the performance of its duties hereunder and to reasonable cornpens�tiori for siir,li
<br /> of i1s services hereunder as shall be rendered. Grantor will, from time to time,pay compensation due Trustee hereunder and reimburse Truslee tor and
<br /> save and hold it harmless from and against any and all loss,cost,liability,damage and expense whatsoever incurred by it in ihe performarice of its diaties.
<br /> All moneys received by Trustee shall,until used or applied as herein provided,be held in trust for the purposes for which they were received,biit need not
<br /> be segregated in any manner from any other moneys (except 10 the extent required by law) and Trustee shall be under no liability for interest on any
<br /> moneys received by ii hereunder.
<br /> 29. SUCCESSORS AND ASSIGNS. This Deed of Trust shall be binding upon and inure to ihe benefit of Grantor and Lender and iheir respective
<br /> successors,assigns,trustees,receivers,administrators,personal representatives,legatees and devisees.
<br /> 30. NOTICES. Excepi as otherwise required by law,any notice or other comrnunication to be provided under ihis Deed of Trust shall be in writing and sent
<br /> to the parties at the addresses described in ihis Deed of Trust or such other address as the parties may designate in writing from time to time. Any such
<br /> notice so given and sent by first class mail,postage prepaid, shall be deemed given ihe earlier of tYiree(3)days after such notice is ser�t or when received
<br /> by the person to whom such notice is being given.
<br /> 31. SEVERABILITY. Whenever possible, each provision of this Deed of Trust shall be inlerpreted so as to be effective arid valid under applicable state
<br /> law. If any provision of this Deed of Trust violates the law or is unenforceable,the rest of ihe Deed of Trust shall coniinue to be valid and enforceable.
<br /> 32. APPLICABLE LAW. This Deed of Trust shall be governed by the laws of the state where the real property is located. Unless applicable law provides
<br /> othervvise,Granlor consents to ihe jurisdiction and venue of any court selected by Lender,in its sole discreUon,located in ihat state.
<br /> 33. MISCELLANEOUS. Grantor and Lender agree that time is of the essence. Grantor waives preseniment,demand for payment,notice of dishonor and
<br /> protest except as required by law. All references to Grantor in this Deed of Trust shall include all persons signing below. If there is more ihan one Grantor,
<br /> ttieir Obligations shall be'oint and several. This Deed of Trust represents the complete integrated underslanding between Grantor and Lender pertairiing to
<br /> the tenns and conditions�ereof.
<br /> 34. NO THIRD PARTY RIGHTS. No person is or shall be a lhird party beneficiary of any provision of lhis Deed of Trust. All provisions of this Deed of
<br /> Tn�st in favor of Lender are intended solely for the benefit of Lender,and no ihird party shall be enlitled to assume or expect that Lender will not waive or
<br /> consent to the modification of any provision of this Deed of Trusi,in Lender's sole discretion.
<br /> 35. PRESERVATION OF LIABILITY AND PRIORITY. Without affecting the liability of Borrower,Grarnor,or any guarantor of the Obligations,or any other
<br /> person (except a person expressly released in writing)for 1he payment and performance of ihe Obligations,and without affeciing the nghts of Lender with
<br /> respect 10 any Property not expressly released in writing,and wilhout impairing in any way tFie priority of lhis Deed of Tn�st over the interest of ariy person
<br /> acquired or first evidenced by recording subsequent to the recording of ihis Deed of Trust,Lender may,either before or after the maturity of tfie Obligatioris,
<br /> and without notice or consenl:release any person liable for payment or performance of all or any part of the Obligations;make any agreer�ient altering the
<br /> terms of payment or performance of all or any part of the Obligations;exercise or refrain from exercising or waive any right or remedy ihat Lender may have
<br /> under ihe Deed of Trus1;accept additional security of any kind for any of ihe Obligations;or release or otherwise deal witYi any real or personal property
<br /> securing lhe Obligations. Any person acquiring or recording evidence of any interest of any nature in ihe Property shall be deemed, by acquiring such
<br /> interest or recording any evidence thereof,to have consented to all or any such actions by Lender.
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