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99 109014
<br /> 20. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effective as a finanang
<br /> statement and a fixture filing pursuant to the provisions of the Uniform Commerdal Code (as adopted in the state whe�e the real property is located)
<br /> coveringfixtures,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 Grarnor hereby grants Lender a security interest in such Chattels. The debtor is
<br /> !he Grantor described above. This Deed of Trust will be effective as a finanang statement filed as a fixture filing with respect to all fixtures included within
<br /> said premises and is to be filed for recorcJ in the real estate records of each couMy where any part of said premises(induding said fixtures)is situated. This
<br /> Deed of Trust shall also be effective as a financing statement covering any otherpremises and may be filed in any otherappropriate 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 suffiaent as a
<br /> finanang statement for any of the purposes referred to in this Paragraph. The secured party is ihe Lender described above. Upon demand,Grarrtor shall
<br /> make, execute and deliver such security agreemerrts (as such teRn is defined in said Uniform Cortmercial Code) as Lender at any time may deem
<br /> necessary or proper or required to grarn to Lender a perfected security irnerest in the Chattels,and upon Grantor's failure to do so,Lender is authorized to
<br /> sign any such agreement as the agerrt of Grantor. Grantor hereby authorizes Lender to file finanang statemeMs(as such term is defined in said UnifoRn
<br /> Corm�erdal Code)with respecl to the Chattels,at any time,without the signature of Grarnor. Grantor will,however,at any time upon request of Lender,
<br /> sign such flnandng statemeMs. Grarrtor will pay all filing fees for the flling of such finandng statemerrts and for the refiling thereof at the times required,in
<br /> the opinion of Lsnder,by said Uniform Commeraal Code. If the lien of this Deed of Trust be subject to any security agreemerrt covering the Chattels,then
<br /> in the event 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 assigned to
<br /> Lender,together with the benefit of any deposits or paymerns 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(including attomeys'fees and legal
<br /> expenses)to perform any act required to be taken by Grantor or to exerase any right or remedy of Lender under this Deed of Trust. Upon demand,Grarnor
<br /> shall immediately reimburse Lender for all such amourrts expended by Lender together with irrterest thereon at the lower of the highest rate described in any
<br /> Obligation or the highest rate allowed by law from the date of payment until the date of reimbursement. These sums shall be included in the definftion 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 everrt Lender shall,at its sole option,pemrt 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 inairred by the Trustee and Lender in connection wilh 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 the paymerrt of the Trustee's fiees actually incurred 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 Trusi,third,to the paymerrt of junior deeds of trust,mortgages or other lienholders,and the
<br /> balance,if any,to the person or persons legally ernitled thereto.
<br /> 23. POWER OF ATTORNEY. Grantor herebyappoirrts Lender as its attomey-in-fact to endorse Grantor's name on all instruments and other documeMs
<br /> pertalning to the Obligations or Deed of Trust. In addition, Lender shall be entitled, but not required, to Qerform any action or execute any document
<br /> required to be taken or executed by Grarrtor under this Deed of Trust. Lender'spe rformance of such action or execution of such documerrts shall not
<br /> relieve Grantor from any Obligation or cure any defauft under this Deed of Trust. All'owers of attomey described 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 rigMs of the holder of any previous lien, security interest or encumbrance
<br /> discharged with funds advanced by Lender regardless of whether these liens,sec;urity irnerests or other encumbrances have been released of record.
<br /> 25. COLLECTION COSTS. To the exterrt pemitted by law,Grarrtor agrees to pay Lender's reasonable fees and costs,induding,but not limited to,fees
<br /> and costs of attomeys and other agerrts (mdudin�wtthout limitation paralegals, derks and consuftarrts), 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 enforcing any rigM or remedy under this Deed of Trust,whether or not
<br /> suit is brougM,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 apo rtion of the Property by executing and recording one or more Partial Deeds of
<br /> Reconveyance without affecting its interest in the remalning portion of the Properry. Nothing herein shall be deemed to obligate Lender to release any of hs
<br /> interest in the Property(except as required under Parag�ph 38 or as may be othervvise reqwred by law),nor shall Lender be obligaied to release any part
<br /> of the Property if Grantor is in defautt under this Deed of trust. The lien and sec;urrt'yirrterest 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 waiver of any of Grantor'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 exerase any of fts rigMs or accept
<br /> payments 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 waiver on any other oocasion. Grarrtor's Obliaations under this Deed of Trust shall not be affected if Lender amends,compromises,exchanges,fails to
<br /> exerase,impairs or releases any of the Obligations belonging to any Grantor,Borrower or third party or any of its rigMs against any Grantor,Borrower or
<br /> third party or any of the Property. Lender's failure to insist upon strict pertormance of any of the Obligations shall not be deemed a waiver and Lender shall
<br /> have the right at any time thereafter to insist upon strict pertormance.
<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 appoirrt a new trustee in his place and stead,the holder of the Obligations is hereby granted full power to appoint in writing a
<br /> substitute trustee for said Trustee,and the substitute trustee shall,when appointed,become suxessor to all rigMs 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 Qower,duties and obligations herein conferred on the Trustee. Trustee
<br /> shall not be liable for any error of judgmerrt or act done by Trustee, or be otherwise responsible or axountable under any arcumstances whatsoever.
<br /> Trustee shall not be personally liable in case of errtry by it or anyone acting by virtue of the powers herein granted it upon the Deed of Trust for debts
<br /> corrtracted or liability or damaQes incuRed in the mana�ement or operation of said premises. Trustee shall have the nght io rely on any instrumem.
<br /> documeM or signature authorizing or supporting any action taken or proposed to be taken by it hereunder or believed by it in good faith to be genuine.
<br /> Trustee shall be entitled to reimbursement for expenses incurred by,it m the perfomrance of its duties hereunder and to reasonable compensation for such
<br /> of its senrices hereunder as shall be rendered. Grantor will,from time to iime,pay compensation due Trustee hereunder and reimburse Trustee for and
<br /> save and hold it harmless from and against any and all loss,cost,liability,damage and expense whatsoever incurced by it in the perfom�ance of its duties.
<br /> All moneys received by Trustee shall,urrtil 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 extent required by law)and Trustee shall be under no liabiliry for interest on any
<br /> moneys recenred by it hereunder.
<br /> 29. SUCCESSORS AND ASSIGNS. This Deed of Trust shall be binding upon and inure to the benefrt of Gramor and Lender and their respective
<br /> suxessors,assigns,trustees,receivers,administrators,personal represerrtatives,legatees and devisees.
<br /> 30. NOTICES. Except as othervvise required by law,any notice or other cormiunication to be provided under this Deed of Trust 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. Any such
<br /> notice so gnren and seM by first dass mail,postage prepaid,shall be deemed given the eaiiier of three�3)days after such notice is sem or when recerved
<br /> by the person to whom such notice is being grven.
<br /> 31. SEVERABILITY. Whenever possible,each provision of this Deed of Trust shall be interpreted so as to be effeclNe 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 enforoeable.
<br /> 32 APPUCABLE 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 /> othervvise,Grantor consents to the jurisdictfon and venue of any court selected by Lender,in its sole discxetion,located in that state.
<br /> 33. MISCELLANEOUS. Grantor and Lender agree that time is of the essence. Grarrtor waives presernment,demand for payment,notice of dishonor and
<br /> protest except as required by Iaw. 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 joirri and several. This Deed of Trust represents the complete integrated understanding between Grarrtor and Lender pertaining to
<br /> the temis and conditions 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 irrtended solely for the benefit of Lender,and no third party shall re eMitled to assume or expect that 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,Grantor,or any guaramor of the Obli$ations,or any other
<br /> person(excepl a person expressly released in writing)for the paymerrt andperfomiance of the Obligations,and wnhout affecting the nghts of Lender with
<br /> respect to any Property not expressly released in writing,and without impairing in any way the priority of this Deed of Trust over the interest of any person
<br /> acqwred or first evidenced by recordmg subsequerrt to tF�e recording of this Deed of Trust,Lender may,either before or after the maturity of the Obligations,
<br /> and without notice or conserrt:release any person liable forpaymem or performance of all or any part of the Obligations;make any agreement attering the
<br /> terms of payment orperformance of all or any part of the Obligations;exerase or refrain from exerasing or waive any right or remedy that Lender may have
<br /> under the Deed of Trust;axept addftional security of any kind for any of the Obligations;or release or otherwise deal with any real or personal property
<br /> securing the Obllgations. My person acquiring or recording evidence of any imerest of any nature in the 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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