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<br /> 99 10950�
<br /> 20. SEGl1RITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effective as a financing
<br /> atatement and a flxture flling pursuarrt to the provisions of the UnifoRn Corrmeraal Code (as adopted in the state where 1he 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 security irrterest in such Chattels. The debtor is
<br /> the GraMor descrfbed above. This Deed of Trust will be effective as a finanang statemern flled as a fixture filing with respect to ail flxtures 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 finandng statemem covering any other premises and may be filed in any otherappropriate flling or recording
<br /> oifioe. A carbon,photographic or other reproduction of this Deed of Trust or of any finanang statemerrt relating to this Deed of Trust shall be sufficiem 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,Grarrtor shall
<br /> make, execute and deliver such securiry agreemeMs (as such term is defined in said Uniform Corm�ercial Code) as Lender at any time may deem
<br /> necessary or proper or required to grarrt to Lender a pertected security interest in the Chattels,and upon Grantor's failure to do so,Lender is authorized to
<br /> sign any such agreement as the agent of Grantor. Grantor hereby authorizes Lender to file finanang statements(as such term is defined in said Uniform
<br /> Corm�ercial 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 th�filing of such finanang statemerns and for the refiling thereof at ihe limes required,in
<br /> the opnion of Lender,by safd Unfform Commerdal Code. If the lien of this Deed of Trust be subject to any security agreemerrt covering the Chattels,then
<br /> in the evern of any defaufl under this Deed of Trust,all the right,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 paymerrts now or hereafter made thereof by Grantor or the predecessors or suocessors in title of
<br /> Grantor in the Property.
<br /> 21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender,at Lender's option,may expend funds(induding attomeys'fees and legal
<br /> expenses)to perform any act required to be taken by Grantor or to exercise any�igM or remedy of Lender under this Deed of Trusi. Upon demand,Grarnor
<br /> shall immediately reimburse Lender for all such amounts 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 Iaw from the date of payment uMil the date of reimlwrsement. These sums shall be induded in the deflnition of
<br /> Obligations herefn and shall be secured by the benefiaal interest granted herein. If the Obligations are paid after the beginning of pubflcation of notice of
<br /> sale,as herein provided,or in the evern Lender shall,at its sole option,pemit 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 incuRed by the Trustee and Lender in connection with said publication,
<br /> induding reasonable attomeys'fees to the attomeys for the Trustee and for the lsnder,and a reasonable fee to the Tn�stee,and this Deed of Trust shall be
<br /> security for all such expenses and fees.
<br /> 22 APPUCATION OF PAYMENTS. The Trustee shall apply the proceeds of the trustee's sale,flrst,to the costs and expenses of exerdsing the power of
<br /> sale and of the sale,fnduding thepa yment of ihe Trustee's fees actually incurred not to exceed the amount which may be provided for in ihe Deed of Trust,
<br /> second,to paymeM of the obligation secured by the Deed of Trust,third,to the 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. Grarrtor herebyappoirrts Lender as its attomey-in-fact to endorse Grantor's name on all instrumerrts and other documents
<br /> pertaining to the Obligations or Deed of Trust. In addition, Lender shall be emitled, but notrequired,to Qerform any action or execute any document
<br /> required to be taken or executed by Gramor under this Deed of Trust. Lender'spe rtomrance of such acnon or execution of such documerrts shall not
<br /> relieve Grantor from any Obligation or cure any defauft under this Deed of Trust. All powers 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 rights of the holder of any previous lien, security interest or encumbrance
<br /> discharged with funds advanced by Lender regardless of whether these Ilens,securiry irrterests or other encumbrances have been released of record.
<br /> 25. COLLECTION COSTS. To the exterrt pemltted bv law,Grantor agrees to pay Lender's reasonable fees and costs,induding,but not limited to,fees
<br /> and costs of attomeys and other agerns (indudin�without limitation paralegals, derks and consultants), whether or not such attomey or agent is an
<br /> employee of Lender,which are incurced by Lender in collecting any amourrt due or enforang 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-judgmerrt collection actions.
<br /> 26. PARTIAL RELEASE. Lender may release its iMerest in apo rtion of the Property by executing and recording one or more Partial Deeds of
<br /> Reconveyance wfthout affecting its irnerest in the remaining portion of the Properly. Nothing herein shall be deemed to obligate Lender to release any of its
<br /> irrterest in the Property(except as required under Paragraph 38 or as may be otherwise requved by law),nor shall Lender be obligated to release any part
<br /> of the Property if Grantor is in defauft under this Deed of 7rust. The lien and secu�'rty 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 Reconveyance
<br /> 27. MODIFICATION AND WAIVER. The rr�flcation 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 Grarrtor's Obligations,delay or fail to exerdse any of fts rigMs or accept
<br /> pa�mierns from Grarrtor or anyone other than Grantor wfthout ceusing a waiver of those Obligations or rigMs. A waiver on one occasion shall not constftute
<br /> a waiver on any other oxasion. GraMor's Obli�ations under this Deed of Trust shall not be affected if Lender amends,compromises,exchanges,fails to
<br /> exeroise,impairs or releases any of the Obligations belonging to any Grantor, Borrower or third party or any of its rights against any Grantor,Borrower or
<br /> third party or any of the Property. Lender's failure to insist upon strict perfomrance of any of the Obligations shall not be deemed a warver and Lender shall
<br /> have the rigM at any time thereafter io insist upon strict perfomiance.
<br /> 28. SUBSTITUTE TRUSTEE;TRUSTEE LIABILITY;COMPENSATION. In case of ihe 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 appo(rrt a new trustee in his place and stead,the holder of the Obligations is hereby gramed full power to appoirrt in writing a
<br /> substitute trustee for said Trustee,and the substitute trustee shall,when appoirrted,become successor 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 power,duties and obligations herein conferred on the Trustee. Trustee
<br /> shall not be liable for any error of udgmerrt or act done by Trustee, or be otherwise responsible or axountable under ariy arcumstances whatsoever.
<br /> Trustee shall not be personally li�e in case of entry by it or anyone acting by virtue of the powers herein grarrted it upon the Deed of Trust for debts
<br /> contracted or liability or damages incurred in the menagemeM or operation of said premises. Trustee shall have the rigM to rely on any instn�ment,
<br /> documer»or signature authorizing or supporting any action taken or po sed to be taken by it hereunder or believed by lt ingoo d faith to be genuine.
<br /> Trustee shall be errtitled to reimbursement for expenses incurred by it in�the performance of its duties hereunder and to reasonable compensation for such
<br /> of its services hereunder as shall be rendered. Grarrtor will,from time to time,pay compensation due Trustee hereunder and reimburse Trustee for and
<br /> save and hold it hamiless(rom and against any and all loss,cost,liability,damage and expense whatsoever incurred by it in the perfomiance of its duties.
<br /> All moneys received by Trustee shall,urrtil used or applied as hereinprovided,be held in trusl for thepu rposes for which they were received,but need not
<br /> be segregated in any manner from any other moneys (exoept to the extern required by law)and Trustee shall be under no liability for irrterest on any
<br /> moneys recenred by it hereunder.
<br /> 29. SUCCESSORS AND ASSIGNS. This Deed of Trus1 shall be bindin� upon and inure to the benefit of Grantor and Lender and their respective
<br /> sucoessors,assigns,trustees,receivers,administrators,personal represernatroes,legatees and devisees.
<br /> 30. NOTICES. Except as oiherwise required by law,any notice or other corrm�nication 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 wrfNng from time to time. Any such
<br /> notice so give�and sent by flrst dass mail,postage prepaid,shall be deemed given the earlfer of three�3)days after such notice is sern or when received
<br /> by the person to whom such notice is befng gfven.
<br /> 31. SEVERABILITY. Whenever possible,each provision of this Deed of Trust shall be irrterpreted so as to be effective and valid under applicable state
<br /> Iaw. If any provision of this 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 APPLICABLE 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,Grantor conserrts to the jurisdictlon and venue of any court selected by Lender,in its sole discretion,located in that state.
<br /> 33. MISCELLANEOUS. Grantor and Lender agree that time is of the essence. Grantor waives preserrtmerrt,demand for payment,notice of dishonor and
<br /> • protest except asreq uired by law. All references io Grantor in this Deed of Trust shall indude allpersons signing below. If there is more than one Grarnor,
<br /> their Obligations shall be p' irrt and several. This Deed of Trust represents the complele integrated understanding between Grantor and Lender pertaining to
<br /> the terms and condftions hereof.
<br /> 34. NO THIRD PARTY RIGHTS. No person is or shall be a third party beneficiary of any provision of this Deed of Trust. All provisfons of this Deed of
<br /> Trust in favor of Lender are imended solely for the benefit of Lender,and no third party shall be errtitled to assume or expect that Lender will not waive or
<br /> conserrt to the modi8cation 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 guarantor of the Obligations,or any other
<br /> person(except a person expressly released in writingl for the paymerrt and performance of the Obligations,and without affecting tk�e rigMs of Lender with ',
<br /> respect to any Property not expressly released in wrftfng,and without impairing in any way the priority of this Deed of Trust over the imerest of any person i
<br /> aoqwred 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 consent:release any person liable forpaymerrt or performance of all or any part of the Obligations;make any agreement altering the
<br /> terms of paymerrt orperfomience of all or any part of the Obligations;exercise or refrain irom exercising or waive any rigM or remedy that Lender may have
<br /> under the Deed of Trust;accept addRional security of any Idnd for any of the Obligations;or release or otherwise deal with any real or personal property
<br /> securing the Obligatlons. My person acquiring or recordng evidence of any ir�erest of any nature in the Property shall be deemed, by acqu(ring such
<br /> irrterest or recording any evidenoe thereof,to have conserned to all or any such actions by Lender.
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