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<br /> 20. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shell be considered and be effeetfve as a flnandng J,
<br /> statemerrt and a fixture flNng pursuant to the provisions of the Uniform Commercial Code (as adopted in the state where the real property is locsted) �
<br /> �ve�flxtures,ehatlels,and artidea ofpe�sonal propeAy now owned or hereaRer ariached to or to be used in connection with the Props►ty topsther with
<br /> arry and all repl�merrta thereof and ad�tions thereto(the"Chariels"),and GraMor hereby grants Lender a security interest fn weh Chattels. The dsbtor is 1
<br /> the G�antor desaibed above. This Deed of Trust will be effective as a flnandng statement flted as a fixture fili�wRh respect to all flxtures inch�dsd within
<br /> said premiaes and is to be flled for record in the reat estate records of each courny where any part of said premises(induc�ng aaid fixtures)is situated. TMs �
<br /> Deed of Trust shall alao be effective as a financing slatemerrt covering any other premses and may be filed in any other appropriate 81ing a recordng
<br /> �oe, q c�bon,plwtographfc or other rep►oduction of this Deed of Trust or of any f�nandng statemem relating to this Deed of Truat ahaN bo autlident�a
<br /> fina�np statement for any of the purposes referred to in this Paragraph. The secured party is the Lender desufbed above. Upon den�end,arantor�hsq
<br /> make, execute and deflver such secu�fty agreemenls (as such term is deflned in said Uniform Cortrne►dal Code) as Lender ater�y tims mey desm
<br /> r�esaary or proper or required to grant to Lender a perfected sewriry irrierest in the Chattels,and upon Grantor's failure to do so,Lender is authorizad to
<br /> ��y� as the agent of Grantor. Grantor hereby authorizes Lender to file flnandng statemerris(as such tertn is deflned in seid Unifarm
<br /> ����reapect to the Chattels,at any time,without the signature of Grarnor. Grantor will,however,at any time upon roquest ot Lendsr,
<br /> sign a�h flnanci�g staiemerns. GraMor will pay all fliing fees for the flling of such finandng statemerrts and for the refiling thereof at ihe timea requfrsd,fn
<br /> ���o}��r,by aaid UMform Cortrr�araal Code• If the lien of this Deed of Trust be subject to any security agreemanl cover(n9 the Chattels.then
<br /> in the evern of arry defauh under this Deed of Trust,aii the rigM,tftle and irnerest of Grantor in and to any and all of the Chattela is hereby aasigned to
<br /> Lender,topelt�with the benefit of any deposits or payrneMs now or hereafter made thereof by Gramor or ihe predeceasors or succesaors �n tiNe of
<br /> Grantor in the Property.
<br /> 21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender,at Lender's option,may expend funds pnduding attomeys'fees and leqel
<br /> expenaea)to perfam any so1 required to be taken by Grantor or to exerase any right or remedy of Lender under thia Deed of Trust. Upon demend,(3rentor
<br /> shap�tely reimburse Lender for ail such amourrts e�cpended by Lender together wflh imerest thereon at the lower of the highesl rate dasaibed in�y
<br /> pbligation or the highest rate albwed by law from the date of payrt�errt urrtU the date of reimbursemerri. These sums shall be induded in the deflnition of
<br /> q���s herei�and shal�be aecured by the beneficial fnterest granted herein. If the Obligations are paid afte►the beginni�g of pudkation ot notioe of
<br /> sale,as herein provided.or in the event Lender shall,at its sole option,pem�it Grarrtor to pay any parl of the Obiigatfons aRer tha beginMng ot puWication of
<br /> notioe of sale,as herein provided,then.Grantor shall pay on demand ail expenses incurred by the Trustee and Lender in connection with aeid pubikatlon.
<br /> induding reasonabls attomeys'fees to the ariomeys for the Trustee and for the Lender,and a reasonable fee to the Trustee,and this Deed of Truat ehaM be
<br /> secixity for ell such expenses and fees.
<br /> 22 APPLICATION OF PAYMENTS. The Trustee shall appiy the proceeds of the trustee's sale,flrst,to the coats and expenses of exeroisfng the power of
<br /> sale and of the sale,induding the payment of the Trustee's fees actually incurred not to exceed the amount which may be provided for in the Deed of Truat.
<br /> seoorxJ,to peymern of the obligation secured by the Deed of Trust,third,to the payment of junior deeds of trust,moAgages or other lienhokle►s,and the
<br /> balanoe,if any,to the person or persons legally eMitled thereto.
<br /> 23. POWER OF ATTORNEY. GraMor herebya�ppo�nts Lender as Ns attomey-in-fad to endorse Granto�'s name on all instrumems and other docurne�ta
<br /> pertaining to the Obligations or Deed of Tnist. In addition, �ender shail be entitled, but not required,to perform any aclion or execute sny document
<br /> required to be take�or executed by Grarnor under this Deed of Trust. Lender'spe rformance of such action or execution of such documeMa ahaN not
<br /> relieve Grantor irom arry Obligatbn or cure any defauft under this Deed of Trust. All pwers of attomey described in this Deed of Truat are coupled with an
<br /> imerest and are irrevocable.
<br /> 24. 8UBROf3AT10N OF LENDER. Lender shall be subrogated to the rigMs of the holder of any previous lien, securiry iMerest or er�cumbrarae
<br /> �i�harged whh fu�ds advanaed by Lender regardless of whether these liens,security inte�ests or other enwmbrances have been releaaed of reoord.
<br /> 26. COLLECTION COSTS. To the extern pemiiried by law,Grarrtor agrees to pay Lender's reasonable fees and costs,Mduc�ng,but�ot Umited to,feea
<br /> and oosts of attomeys and other agerris (indu�ng wtthout limitation paralegals, derks and consuflarrts), whether or not such attomey ore�M Is an
<br /> yee of lender,whid�are incurred by Lender in wllecting any amount due or enfwcing any�or remedy under this Deed of Trust,whet�her or not
<br /> suit i�s brougM,indu�ng,but not limited to,all fees and costs incuned on appeal,in bankruptcy,and or post-judpment oollection aqions.
<br /> 2i. PARTIAL RELEA8E Lender may release Ns irrterest in apo rtion of the Property by executing and recor� one or more Partlal Deeda of
<br /> 2 .
<br /> Reoorneyance wNhout affecting Ns irnerest in the remaining portion of the Property. Nothing herein shall be deemed to i�ete Lender to rolsase any ot its
<br /> k►terest in ihe P►operty(excepl as required under Paragr�38 or as mey be othervvise required by law),nor shall Lenderbe obligated to releaae any pert
<br /> ot the Property if G►eMa ia in default under this Deed of 7rust. The lien and seaufty interest created by the Deed of Trust rerrein in e(fect wilh respad to
<br /> that poAbn of the propeAy,as defined in the Deed of Trust,that is not the subject of ihis or any Partial Deed of Reconveyanoe
<br /> 27. OAODIFICATION AND WAIVER. The modification or waiver of any of Gramor's Obligations or Lender'a rf�is under this Deed of Truat must be
<br /> oontained in a writing signed by Le�der. Le�ler may perform any of Borrower's or Grantor's Obligations,delay or faii to exerdse arry of fta rigMs or axept
<br /> payments irom Grantor a anyone other than Grantor without causing a waiver of those Obligations or ts. A waiver on one occasion shall not cbnstitute
<br /> a waiver o�any other occasion. Gramor's Obli�etions under this Deed of Tnist sha�l not be affected if der amenda,compromisea,exchanges,fafla to
<br /> e�se,impeirs or releases any of the Obligations belon�ng to any Grantor,Borrower or thirdparry or any of its�(p�s againat amr Grantor,Borrowsr or
<br /> thhd pa�1y or any oi the Property. Lender's failure to insist upon sMct performance of any of the Obligations shall notbe deemed a wafver and Lender shall
<br /> have ihe�ight at any time thereatter to insist upon stricl perfom�ance.
<br /> 28. 8UBSTITUTE TRUSTEE;TRUSTEE UABIUTY;COMPENSATION. In case of the death,inability refusal to act or absence of ihe Trustee from the
<br /> state where the real property fs located or in case the holder of the Oblfgations shall desire for any reason to remove the Trustee or any wbstitute tn�stes aa
<br /> trustee hereunder and to appoint a new trustee in his place and stead,the holder of the Obligations is hereby granted tuli power to appolrrt in writing a
<br /> subathute trustee for aald Trustee,and the substitute trustee shall,when appointed,become suxessor to all�igMs oi Trustee hereunder and the same ahall
<br /> becon�e vested in him for ihe putposes and objects of this Deed of Trust with all ihe power,duties and obligations herein confeRed on the Trustee. Tn�stee
<br /> shaH rat be Ilable for any error of�udgment or act done by Trustee, or be othervvise responsible or accountable under any dreumstanoes whataoever.
<br /> Trustee shall not be personally flable in case of errtry by H or anyone acting by virtue of the powers hereingranted it upon the Deed of Tnist fa debts
<br /> co�traded or liability or dama�es incuRed in the mana�ement or operation of said premises. Trustee shall have the ri�ht toreIy on any instrument,
<br /> documant or signature authorinng or supporting any action taken or proposed to be taken by it hereunder or believed bylt in pood falth to be genuine.
<br /> Tn�stee shall be erititled to reimbursemerrt for expenses incurred by it in the perfom�ance of its duties hereunder and to reasonabTe Nmpensation fa such
<br /> of its senrfces hereunder as shall be rendered. Grarrtor wiil,from time to time,pay compensation due Trustee hereunder and reirnburse Trustee for and
<br /> save and hold it hamiess from and agafnst any and all loss,cost,liability,damage and expense whatsoever incurred by it in the perfomience of hs duties.
<br /> All moneys reoeived by Trustee shall,urriil used or app�ied as herein provided,be held in trust for thepurposes for which ihey 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 liability for imerest on any
<br /> moneys received by it he►eunder.
<br /> 29. SUCCESSORS AND ASSIGN3. This Deed of Trust shall be binding upon and inure to the benefit of Grantor and Lender and their reapec1ive
<br /> suocessors,assigns,trustees,receivers,administrators,personal representatives,legatees and devisees.
<br /> 30. NOTICES. Exc�pt as otherwise required by law,any notice or other communication to be provided under this Deed of Trust shall be in wrtting and aern �
<br /> to the pauties 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 t
<br /> notice so given and sent bY flrst dass mail,postage prepaid,shall be deemed given the earlier of three�3)days aiter such notice is sent or when recefved
<br /> by the person to whom suc}i notice is being g�ven.
<br /> 31. 8EVERABIIJTY. Whenever possible,each provision of this Deed of Trust shall be interpreted so as to be effective and valid under applicable stete
<br /> Iaw. If any provision of ihfs 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 providea
<br /> othenvise,araMor conseMs to the jurisdiction and venue of any court selected by Lender,in its sole discretion,located in that state.
<br /> 33. MI8CELLANEOUS. Gratrtor and Lender agree that time is of ihe essence. Grantor waives preserrtment,demand for payment,notice of dishonor and
<br /> protest excep4 es ired by law. All references to Grantor in this Deed of Trust shatl indude allpersons signing below. If there is more ihan one GraMor,
<br /> their Obligations shal�be p' int and several. This Deed of Tn�st represents the complete integrated understanding beriveen Gramor and Lender pertaining 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 anyprovision of ihis Deed of Trust. Ali provisions of th(s Deed of
<br /> Tniat in favor of Lender are irnended solely for the bene�t of Lender,and no third party shall be entitled to assume or expect that Lender will not wahre or
<br /> consem to ihe modification of any provision of ihis Deed of Trust,in Lender's sole discretion.
<br /> 35. PRESERVATION OF UABILITY AND PRIORITY. Without affecting the liability of Borrower,Grantor,or any guararnor of the Obligatbna,or any other
<br /> pe►son(exoept a person expressly released in writing)for the payment and perfomience of the Obligations,and without aifeding the rlghts of Lendsr wfth
<br /> ►espeq to any p �e�y not expressIy released in writing,and without impainng in any way the priority of this Deed of Trust over the kttereat of person
<br /> acqui or 8rst� duf -enced by recorc�ng subsequent to the recording of this Deed of Trust,Lender may,ehher before or atter the matu�ity of the O�tiona,
<br /> and w�it►aut notfce or consem:release any person liable forpayment or perfomiance of all or any part of the Obligationa;melae any apr�ement eRerfng the
<br /> tem�s of payrt�n1 orperform�nce of all or any part of the Obligations;exerase or refrain from exercising or waive any ri�M or rorr�sdy ihat Lend�r may fiave
<br /> under the Deed of nisT' t;aooept additional sec;urity of any kind for any of the Obligations;or release w otherwiae deal wfth any real or per�
<br /> sea�ng the Obligationa. My person acquiring or recor��g evidence of any interest of any nature in the Properry shall be deemed.by�ui�i�
<br /> interest or recording any evidence thereof,to have conseMed to all or any such actbns by Lender.
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