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99 10934�
<br /> 20. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effective as a financing
<br /> statement and a flxture flling pursuant to the provisions of the Uniform Corrxnercial Code (as adopted in the state where the real property is located)
<br /> covering fiMures,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 grarrts Lender a security irrterest in such Chattels. The debtor is
<br /> the Grantor described above. This Deed of Trust will be effective as a finanang 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 courrty where any part of said premises(induding said fixtures)is situated. This
<br /> Deed of Trust shall also be effective as a flnancing statement covering any otherpremises and may be filed in any otherappropriate filing or recording
<br /> otfice. A carbon,photographic or other reproduction of this Deed of Trust or of any finanang statement relating to this Deed of Trust shall be sufficient as a
<br /> finanang statement for any of the purposes refeRed to in this Paragraph. The secured party is the Lender described above. Upon demand,Grantor shall
<br /> make, execute and deliver such security agreemeMs (as such term is defined in said Uniform Corrrr�ercial Code) as Lender at any time may deem
<br /> neoessary or proper or required to grarn to Lender a perfected security irrterest in the Chattels,and upon Gramor's failure to do so,Lender is authorized to
<br /> sign any such agreement as the agem of GraMor. Grantor hereby authorizes Lender to file financing statemerns(as such term is defined in said Uniform
<br /> Cormieraal 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 finanang statemerrts. Grantor will pay all filing fees for the filing of such financing statements and for the refiling thereof at the times required,in
<br /> the opinion of Lender,by said Uniform Cormiercial Code. If the Nen of this Deed of Trust be subject to any security agreemerrt covering the Chattels,then
<br /> in the evem of any default under this Deed of Trust,all the right,tRle and ir»erest 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 payments now or hereafter made thereof by Grantor or the predecessors or suxessors in title of
<br /> Grantor in the Property.
<br /> 21. REIMBURSEMENT OF AMOUNT3 EXPENDED BY LENDER. Lender, at Lender's option,may expend funds(including attomeys'fees and legal
<br /> expenses)to perfortn any act required to be taken by GraMor or to exerdse any rigM or remedy of Lender under this Deed of Trust. Upon demand,Grantor
<br /> shall immediately reimburse Lender for all such amourrts expended by Lender together with interest 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 uMil the date of reimbursement. These sums shall be induded in the definition of
<br /> Obligations herein and shall be secured by the benefiaal irrterest grarrted herein. If the Obligations are paid after the beginning of publication of notice of
<br /> sale,as herein provided,or in the eveM Lender shall,at its solo option,perrnit Grantor to pay any part of the Obligations after the beginning of publication of
<br /> notice of sale,as herein provided,then,Grantor shaii pay on demand all expenses incurred by the Trustee and Lender in connection with said publication,
<br /> induding reasonable attomeys'fess 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 /> secu�ity for all such expenses and fees.
<br /> 22 APPUCATION 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 paymern of the Trustee's fees actually incuRed not to exceed the amourrt which may be provided for in the Deed of Trust,
<br /> second,to payment of the obligation secured by the Deed of Trust,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 errtitled thereto.
<br /> 23. POWER OF ATTORNEY. Grantor herebyappoinis Lender as its attomey-in-fact to endorse Grantor's name on all instruments and other docximents
<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'spe rfomiance of such action or execution of such documerrts shall not
<br /> relieve Grarrtor from any Obligation or cure any defauft under this Deed of Trust. All'owers of attomey descxibed 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 rigMs of the holder of any previous lien, security irrterest or encumbrance
<br /> discharged with funds advanced by Lender regardless of whether these liens,securiry interests or other ena�mbrances have been released of record.
<br /> 25. COLLECTION COSTS. To the extent pemitted by law,Grarnor agrees to pay Lender's reasonable fees and costs,induding,but not limited to,fees
<br /> and costs of attomeys and other agents (indudin�without limftation paralegals, clerks and consultarrts), whether or not such attomey or agerrt is an
<br /> employ�e of Lender,which are incurred by Lender in collecting any amourrt due or enforang any rigM or remedy under this Deed of Trust,whether or not
<br /> suit is brought,induding,but not Iimited to,all fees and costs incurred on appeal,in banlwptcy,and for post-judgment collection actions.
<br /> Z6. PARTIAL RELEASE. Lender may release its interest in a portion of the Property by executing and recording one or more Partial Deeds of
<br /> Reconveyance without affecting its irrterest m the remaining portion of the Property. Nothing herein shall be deemed to obligate Lender to release any of its
<br /> irderest in the Property(except as required under Paragraph 38 or as may be otherwise reqwred by law),nor shall Lender be obligated to release any part
<br /> of the Property if Grarnor is in defauft under this Deed of trust. The lien and security imerest created by the Deed of Trust rerrnln 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 Reconveyance
<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 /> coMained in a writing signed by Lender. Lender may perfortn any of Borrower's or Grarrtor's Obligations,delay or fail to exercise any of its rigMs or aocept
<br /> paymerrts from Grantor or anyone other than Granior witfio�K causing a wai�er of those Ot�ligations or rigMs. A waiver on one occasion shall not constitute
<br /> a wanrer on any other occasion. Grantor's Obligations under this Deed of Trust shall not be affected if Lender amends,compromises,exchanges,fails to
<br /> exerdse,impairs or releases any of the Obligatfons belonging to any Grarrtor,Borrower or third party or any of its rfgMs agalnst any Grantor, Borcower or
<br /> third psrty or any of the Property. Lender's failure to insist upon strict performance of any of the Obligations shall not be deemed a waiver and Lender shall
<br /> have the�IgM at any time thereafter to insist upon strict pertomiance.
<br /> 28. SUBSTITUTE TRUSTEE;TRUSTEE UABIUTY;COMPENSATION. In case of the death,inabiliry,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 appoirn 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 appoirned,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 confeRed on the Trustee. Tn�stee
<br /> shall not be liable for any error of�!udgmern or act done by Trustee, or be otherv►rise responsible or axournable under any circumstances whatsoever.
<br /> Trustee shall not be personally liable in case of ernry by it or anyone acting by virtue of the powers herein granted it upon the Deed of Trust for debts
<br /> corrtracted or liabilfry or dama$es Incurred in the mana�emeM or operation of said premises. Trustee shall have the ri�M to rel on any instrument,
<br /> documerrt or signature authorizing or supporting any action taken or proposed to be taken by it hereunder or believed by tt in faith to bege nuine.
<br /> Trustee shall be entitled to reimbursement for e nses incurred by it m the perfomience of its duties hereunder and to reason e compensation for such
<br /> of its servioes hereunder as shall be rendered.�rarrtor will,from time to time,pay compensation due Trustee hereunder and reimburse Trustee for and
<br /> save and hold it hamiless from and against any and all loss,cost,Ilability,damage and expense whatsoever incurred by h in the performence of its duties.
<br /> All moneys receNed by Trustee shall,until used or applied as hereinprovided,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 ro the extent required by law) and Trustee shall be under no liability for interest on any
<br /> moneys recenred by rt hereunder.
<br /> 29. SUCCESSORS AND ASSIGNS. This Deed of Trust shall be bindin� upon and inure to the beneftt of Grantor and Lender and their respective
<br /> suxessors,assigns,trustees,receivers,administrators,personal representatroes,legatees and devisees.
<br /> 30. NOTICES. Exoept as otherwise required by law,any notice or other comTxinication to be provided under this Deed of Trust shall be in writing and sent
<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. My such
<br /> notice so given and seM bY first dass mafl,postage prepaid,shall be deemed given the earlier of three�3)days after such notice is sent or when received
<br /> by the person to whom such notice is being given.
<br /> S1. SEVERABIUTY. Whenever possibie,each provision of this Deed of Trust shall be iMerpreted 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 /> 32 APPLICABLE LAW. This Deed of Trust shall be govemed by the laws of the state where the real property ls located. Unless applicable law provides
<br /> otherwise,Grantor consents to the jurisdiction and venue of any court selected by Lender,in its sole discretion,located in that state.
<br /> 33. MISCELLANEOUS. Grarrtor and Lender ag�ee that time is of the essence. Grantor waives presentment,demand for payment,notice of dishonor and
<br /> protest except as required by law. All references to Gtantor in this Deed of Trust shalldndude allpersons signing below. If there is more than one Grantor,
<br /> their Obllgations shall be p' int and several. This Deed of Trust represents the complete integrated understanding between Grantor and Lender pertaining to
<br /> the terms and conditions hereof.
<br /> 34. NO THIRD PARTY RIGHTS. No person is or shall be a third party beneflclary of any provlsion 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 waive or i
<br /> conserrt to the modification of any provision of this Deed of Trust,in Lender's sole discretion. �
<br /> 36. PRESERVATION OF LIABILITY AND PRIORITY. Without affecting the Ilability of Borrower,Grantor,or any guarantor of the Obligatfons,or any other
<br /> person(except a person expressly released in writina)for the paymeM andperfom�ance of the Obligations,and without affecting ifie rights of Lender with
<br /> respect to any Property not expressly released in wrrting,and without impairfng in any way the priority of this Deed of Trust over the lnterest of any person
<br /> a�u ired or first evidenoed by recording subsequerrt to the 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 eny part of the Obligations;make any agreement aftering the
<br /> tem�s of paymern or performance of all or any part of the Obligations;exercise or refrain from exercising or walve any right or remedy that Lender may have
<br /> under the Deed of 7ruat;axept additional securiry of any kind for any of the Obligations;or release or otherwise deal whh any real or personal property
<br /> securing the Obligatfons. My person acquiring or recording evidence of any irnerest of any nature in the Properry shall be deemed, by aoquiring such
<br /> irrterest or recording any evidence thereof,to have conserrted to all or any such actions by Lender.
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