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20. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be oonsldered and be effective as a finandng
<br /> statemertt and a fixture flling pursuarn to the provisions of the Unifomi Comrnercial Code (as adopted in the state where the real property is located)
<br /> covering flxtures,d�ariels,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 replacemeMs thereof and additions thereto(the"Chattels"),and Grarrtor hereby grants Lender a security interest in such Chattels. The debtor is
<br /> the Grantor desafbed above. This Deed of Trust will be effective as a financing statement filed as a fixture filing with respect to all fixturea induded within
<br /> said premises and is to be filed for recwd in the real estate records of each county where any part of said premises(induding said fixtures)is situated. This �
<br /> Deed of Trust ahall also be effective as a finandng statemem covering any other preMses and may be flled in any other appropriate filing or recording Ga
<br /> offlce. A carbon,photo�aphic a other reproduction of this Deed of Trust or of any ftnanang statemertt relating to this Deed of Trust shall be su(ficiern as a
<br /> flnandng statemern for any of the purposes refeRed to in this Paragraph. The secured party is the Lender described above. Upon dertmnd,Cirantor shall F,�,,,
<br /> make, exe�x�te and deliver such security agreemerrts (as such term is defined in said Uniform Commeraal Code) as Lender at any time mey desm
<br /> necessery or proper or required to grarn to Lender a pe►fected security iMerest in the Chattels,and upon Granto�'s failure to do so,Lender Is authorized to �
<br /> sign any such agreement as the agem of Grantor. Grantor hereby authorizes Len�r to file financing statements(as such term is defined in seid Uniform C,p
<br /> Cortrnerdal Code)with respect to the Chattels,at any tlme,without the signature of Grantor. Grantor will,however,at any time upon request of Lender, ��
<br /> sign such flnanang statements. Grantor will pay all filing fees for the filing of such financing statements and for the refiling thereof at the times required,in
<br /> ihe opinion of Lender,by said Unifortn Corrmercial Code. If the lien of this Deed of Trust be subject to any security agreemerrt co�rering the Chattels,then 0
<br /> in the event of any defauft under this Deed of Trust,all the rigM,title and iMerest of Grarrtor in and to any and all of the Chattels is hereby aasigned to O
<br /> Lender,togetF�er with the beneflt of any deposits or payments now or hereafter made thereof by Grantor or the predeoessors or sucoessors in title of
<br /> Grantor in the Property.
<br /> 21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender,at Lender's option,may expend funds(indu�ng attomeys'feea and legal
<br /> expenses)to perform any ad required to be taken by Grantor or to exerdse any right or remedy of Lender under this Deed of Trust. Upon demand,Grarnor
<br /> shall irm�ediately reimburse Lender for all such amourns e�cpended by Lender together with irnerest thereon at the lower of the highest rate described in any
<br /> Obligati�on or the highest rate allowed by law irom the date of paymem until the date of reimbursement. These sums shall be induded in the deflnition of
<br /> Obligations herein and shall be secured by the beneflaal interest granted herein. If the Obligations are paid after the beginning of publication of notice of
<br /> sale,as herein provided,or In ihe evern Lender shall,at hs sole option,permit Gramor to pay any part of the Obligations after the beginning of publication of
<br /> notice of sale,as herein provided,then,Grarnor shall pay on demand all expanses incuned by the Trustee and Lender in connection with said publicatio�,
<br /> induding reasonable attomeys'fees to ihe atlomeys for the Trustee and for the Lender,and a reasonable fee to the Trustee,and this Deed of Truat shall be
<br /> security br eU auch expenses and fees.
<br /> 22. APPLICATICN OF PAYMENTS. The Tn�stee shall�pp�y the proceeds of the irustee's sale,flrst,to the costs and expensea of exercising the power of
<br /> sale and of the sale,indu�ng the,paymern 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 pe�t of the obligation secured by the Deed of Trust,third,to the paymern of junior deeds of tnist,mortpages or other Ilenholders,and the
<br /> balance,if arry,to�he person or persons legally emrtled thereto.
<br /> 23. POWER OF dTTORNEY. GraMor herebyappoints Lender as its attomey-in-fact to endorse Grantor's name on all instrumenta and other documants
<br /> pertaining to the dbligations or Deed of Trust. In addition, Le�der shall be ernnled, but not required, tope rfortn any action or execute any documern
<br /> required to be talabn or executed by Grantor under this Deed of Trust. Lender'spe rfom�ance of such action or execution of such documerrts ahall not
<br /> relieve C3rantor frotn any Obligation or cure any defauN under this Deed of Trust. All'owers of attomey descxibed in this Deed of Tniat are coupled with an
<br /> imereat and are iRevoceble.
<br /> 21. SUBROGATION OF LENDER. Lender shall be subrogated to the rigMs of the holder of any previous Nen, security interest or encumbrance
<br /> discharged with fut�ds advanced by lender regardless of whether these liens,security interests or other encumbrances have been released of record.
<br /> Za. COLLECTIOM COSTS. To ihe exterrtpem�itted�y law,Grantor agrees to pay Lender's reasonable fees and costs,indu�ng,but not limited to,fees
<br /> and coats of attomeys and other agenis (fndudin�whhout limiiation paralegals, clerks and consuhams), whether or not such atlomey orage m is an
<br /> employee of Lender,which are incur►ed by Lender�n collecting any amouM due or enforang any�is�ht or rernedy under this Deed of Trust,whether or not
<br /> suit is b�ought,ir�ding,but not lirtitted to,all fees and costs incurred on appeal,in banivuptcy,end Tor post-judgrnent coilection actions.
<br /> 26. PAFiT1AL RELEASE. Lend� may release its irnerest in a portion of the Property by executfng and recording one or more Partiai Deeda of
<br /> Reconveyanoe without affecMing its imerest in the remaining portion of the Property. Nothing herein shall be deemed to obligate Lender to release any of ita
<br /> irnerest in�mP�(except as required under Paragraph 38 or as may be otherwise required by law),nor shall Lender be obligated to release any pert
<br /> of the P lf or is in default under this Deed of 7rust. The lien and sea��'yirnerest created by the Deed of Trust remain in effect with reapeq to
<br /> that portion of the property,as deftned in the Deed of TrusL that is not the subject of this or any Partlal Deed of Reconveyance
<br /> 27. AAODIFICATION AND WA11/ER. The rr�fication or waiver of any of Grantor's Obligations or Lender's rights under this Deed of Trust must be
<br /> contaMed in a writing signed by Lender. Lender may perform any of BoROwer's or Grarnor's Obligations,delay or fail to exerdse any of ita rigMs or axept
<br /> payments from Grarnor or anyone other than Grarnor without causing a waiver of those Obligations or rigMs. A walver on one oocasion shall not constitute
<br /> a wahrer on any cfiher oxasion. C3rantor's Obliaations under this Deed of Trust shall not be affected if Lender amenda,compromises,exchangea,faNa to
<br /> exerdse,impeirs�►eleaaes any.of the ObBgatwns belonging to any Grantor,Borrower or third party or any of its rioMs against any GraMor,Borrower or
<br /> thfrd perty a any of the Property...Lender's failure to insist upon strict pertormance of any of the Obligations shall notbe deemed a waiver and Lender shall
<br /> have the right at any time thereaffe�to insist upon strict perfom�ance.
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<br /> 28. SUBSTITUTE TRUSTEE;TRUSTEE UABIUTY;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 remcve the Trustee or any wbatitute uustee as
<br /> irustee hereundeh'end to appoint a new trustee in his place and stead,the holder of the Obligations is hereby granted full power to appoint in writing a
<br /> subatitute trustee i'or said Trustee,and the substitute trustee shall,when appointed,become suxessor to all rights of Trustee hereunder and the same shall
<br /> beoome vested in�iim for the purposes and objecis of this Deed of Trust with all the power,duties and obligations herein conferred on ihe Trustee. Trustee
<br /> shall not be liablp,for any enor of�udprt�em or act done by Trustee, or be othervvise responsible or axouMable under any circumstances whatsoever.
<br /> Tn�stee shall nnt be perso�ally liable in case of entry by it or anyone acting by virtue of the powers herein grarned ft upon the Deed of Tn�st for debts
<br /> oontracted or IiabilNy or damages incuned in the managemern or operation of said premises. Trustee shall have the ri�t to rel on any instrumer�,
<br /> documern a s�h�re authorizing or supporting any action taken or proposed to be taken by it hereunder or believed bylt in goo�failh to be genuine.
<br /> Trustee shail be e7�titled to reimbursemern for expenses incurred by R in the performance of its dutles hereunder and to reasonable Nmpenaation for such
<br /> of its servioes hereunder as shali be rendered. Grantor will,from time to time,pay compensation due Trustee hereunder and reimburse Truatee for and
<br /> save and hold it h�rt�less from and against any and ail loss,cost,liability,damage and expense whatsoever incurred by N in the performance of Ns duties.
<br /> All moneys received by Trustee shall,uMil used or applied as hereinp�ovided,be held in trust for the purposes for which ihey were received,but need not
<br /> be segregated in any menner from any other moneys(except to the extern required by law) and Trustee shall be under no liability for imerest on any
<br /> moneya received by i1 hereunder.
<br /> 29. SUCCESSORS AND ASSIGNS. This Deed of Trust shall be binding upon and inure to the benerit of Grantor and Lender and their respective
<br /> successots,assigns,trustees,receivers,administrators,personal representatives,legatees and devisees.
<br /> 30. NOTICE3. �xcept as otheMiise required by law,an noti�or other comrrxmication to be provided under this Deed of Trust shall be in writing and serrt
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<br /> to the perties at the addresses described in this Deed o Trust or such other address as the parties ma designate in writing from time to time. Any such
<br /> notice so give�arrd sent by first dass ma11,postage prepaid,shall be deemed given the earlier of three�3)days after such notice is serri or when received
<br /> by the person to whom such notice is being given.
<br /> 31. SEVERABIL�TY. Whenever possible,each provision of this Deed of Ttust shall be interpreted so as to be effective and valid under applic�ble state
<br /> law. if any provision of ihis Deed of Trust violates the law or is unenforceable,the rest of the Deed of Trust shall continue to be valid and enforceable.
<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 /> otherwise,GrantaK consents to the jurisdiction and venue of any court selected by Lender,in its sole discretion,located in that state.
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<br /> 9S. IYNSCELLANEOU3. Grarnw and Lender agree that time is of ihe essence. Grarnor waives presenimern,demand for payment,notice of dishonor and
<br /> protest except as�equired by law, All referenoes to Grantor in this Deed of Trust shall include all persons signing below. If there is more than one Grantor,
<br /> their obligati�ns aMall be p' irn and several. This Deed of Trust represents ihe complete lntegrated understanding between Grantor and Lender peRaining to
<br /> the tem�s and conditions hereof.
<br /> 34. NO THIRD PARTY RIGHTS. No person is or shall be a third party beneficiary of any�ovision 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 shal re entitled to assume or expect that Lender will not waive or
<br /> oonseni to the modification of any provision of this Deed of Trust,in lender's sole discxetion.
<br /> 35. PRESERVATION aF UABIUTY AND PRIORITY. Without affecting the liability of Borrower,Grantor,or any guarantor of ihe Obli$ations,or any other
<br /> person(except a person expressly released in writing)for ihe payment and performance of the Obiigations,and without affecting the nghts of Lender with
<br /> reaped to any Pe%�rty not expressly released in writing,and without impainng in any way the priority of this Deed of Trust over the interest of a�ny penon �
<br /> acquired or flrst ced by reoord�ng subsequern to the recording of this Deed of Trust,L.ender may,either before or after the matu�ity of the Obllgations,
<br /> and without notic9'or conserd:release any person liable for payment or pertomiance of all or any part of the Obligatfons;meke any agreement altering the
<br /> terma of payment or performance of all or any part of the Obligations;exerase or refrain from exercising or waive any rigM or ren�edy that Lender may have
<br /> under the t3eed of Trust;accept edditional security of any kind for any of the Obligations;a release or otherwise deal wfth any►eal or peraonai ►ty
<br /> securing the Obligations. My person ac�iring or recor�ng evidence of any irnerest of any nature in the Property shall be deerned, by aoquiri�audi
<br /> iMereat or rec�ding any evidence thereof,to have consented to all or any such actions by Lender.
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