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99 109691
<br /> 20. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effective as a financing
<br /> statemerrt and a fixture filing pursuaM to the provisions of the Uniform Cormiercial Code (as adopted in the state where the 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 replacemerrts thereof and addftions thereto(the"Chattels"),and Grantor hereby grants Lender a security interest 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 included within
<br /> said premises and is to be filed for record in the real estate records of each county where any part of said premises(induding said fixtures)is situated. This
<br /> Deed of Trust shall also be effective as a finandng statement covering any other premises and may be filed in any other appropriate filing or recording
<br /> office. A carbon,photographic or other reproduction of this Deed of Trust or of any financing statement 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,Grarnor shall
<br /> make, execute and deliver such security agreemerrts (as such term is defined in said Uniform Cormieraal Code) as Lender at any time may deem
<br /> necessary or proper or required to grant to Lender a perfected security interest in the Chattels,and upon Grantor's failure to do so,Lender is authorized to
<br /> sign any such agreemern as the agent of Grantor. Grarrtor hereby authorizes Lender to file financing statements(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 statements. Grantor will pay all filing fees for the filin�of such finanang statements and for the refiling thereof at the times required,in
<br /> the opinion of Lender,by said Uniform Cormieraal Code. If the lien 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 rigM,title and irnerest of Grantor in and to any and all of the Chattels is hereby assigned to
<br /> Lender, together whh the benefit of any deposits or paymerrts 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 io be iaken by Grantor or to exerase any right 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 until the date of reimbursemern. These sums shall be included in the definition of
<br /> Obligations herein and shall be secured by the beneficial interest granted herein. If the Obligations are paid after the beginning of publication of notice of
<br /> sale,as herein provided,or in the event Lender shall,at hs sole option,pemrt Grantor to pay any part of the Obligations afler the beginning of publication of
<br /> notice of sale,as herein provided,then,Grantor shall pay on demand all expenses incurred by the Trustee and Lender in connection with said publication,
<br /> including 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 cosls and expenses of exercising the power of
<br /> sale and of the sale,induding the�aymern of the Trustee's fees actually incurred not to exceed the amount 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 payment of junior deeds of trust,mortgages or other lienholders,and the
<br /> balance,if any,to the person or persons legally errtitled therelo.
<br /> 23. POWER OF ATTORNEY. Grantor herebyappoirrts Lender as its attomey-in-fact to endorse Grantor's name on all instruments and other documents
<br /> pertaining to the Obligations or Deed of Trust. In addition, Lender shall be errtitled, 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 documents shall not
<br /> relieve Grantor from any Obligation or cure any default under this Deed of Trust. All powers of attomey described 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 rights of the holder of any previous lien, security interest or encumbrance
<br /> discharged with funds advanced by Lender regardless of whether these liens,security interests or other encumbrances have been released of record.
<br /> 25. COLLECTION COSTS. To the extern pemrtted by law,Grantor agrees to pay Lender's reasonable fees and costs,including,but not lirrited to,fees
<br /> and costs of attomeys and other agents (indudin�wrthout limtation paralegals, clerks and consultants), whether or not such attomey or agent is an
<br /> employ�e of Lender,which are incurred by Lender m collecting any amount due or enforcing any right or remedy under this Deed of Trust,whether or not
<br /> suit is lxought,induding,but not limited to,all fees and costs incuRed on appeal,in banlwptcy,and for post-judgment collection actions.
<br /> 26. PARTIAL RELEASE. Lender may release its interest in apo rtion 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 /> irrterest in the Property(except as required under Paragraph 38 or as may be otherwise required by law),nor shall Lender be obligated to release any part
<br /> of the Property if Grarnor is in defauft under this Deed of 7rust. The lien and secur'tty irnerest created by the Deed of Trust remain in effect with respecl 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 waiver of any of Grantor's Obligations or Lender's rights under this Deed of Trust must be
<br /> cornained in a writing signed by Lender. Lender may perform any of Borrower's or Grarrtor's Obligations,delay or fail to exercise any of its rights or acxept
<br /> payments from Grarnor or anyone other than Grantor without causing a waiver of those Obligations or rights. A waiver on one occasion shall not constitute
<br /> a waiver on any other occasion. Grantor's Oblipations under this Deed of Trust shall not be affected if Lender amends,compromises,exchanges,fails to
<br /> exercise,impairs or releases any of the Obligations belonging to any Grantor, Borrower or thirdparty or any of its rights against any Grantor, 8orrower or
<br /> third party or any of the Property. Lender's failure to insist upon strict performance of any of the Obligations shall not be deemed a warver and Lender shall
<br /> have the right at any time thereafter to insist upon strict performanoe.
<br /> 28. SUBSTITUTE TRUSTEE;TRUSTEE LIABILITY;COMPENSATION. In case of the dealh,inability,refusal to act or absence of the Trustee from the
<br /> state where the real properry is located or in case the holder of the Obligations shall desire for any reason to remove ihe Trustee or any substitute trustee as
<br /> trustee hereunder and 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 /> substitute trustee for said Trustee,and the substitute trustee shall,when appoirrted,become successor 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 conferred on the Trustee. Trustee
<br /> shall not be liable for any error of�udgment or aci done by Trustee, or be otherwise responsible or accouMable under any arcumstances whatsoever.
<br /> Trustee shall not be personally liable in case of entry by it or anyone acting by virtue of the powers herein granted ft upon the Deed of Trust for debts
<br /> contracted or liability or dama�es incurred in the mana�ement or operation of said premises. Trustee shall have the ri�ht to rely on any instrument,
<br /> document or signature authorizing or supporting any action taken or Qroposed to be taken by it hereunder or believed by tt in good faith to be genuine.
<br /> Trustee shall be entitled to reimtwrsement 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. Grantor 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,liabiliry,damage and expense whatsoever incurred by it in the performance of its duties.
<br /> All moneys received 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 to the extent required by law)and Trustee shall be under no liability for interest on any
<br /> moneys received by i1 hereunder.
<br /> 29. SUCCESSORS AND ASSIGN3. This Deed of Trust shall be bindine upon and inure to the benefit of Grantor and Lender and their respective
<br /> successors,assigns,trustees,receivers,administrators,personal representatives,legatees and devisees.
<br /> 30. NOTICES. Except as otherwise required by law,any notice or other coRrrunication 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. Any such
<br /> notice so given and sent by first dass mail,postage prepaid,shall be deerned 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 /> 31. SEVERABILITY. Whenever possible,each provision of this Deed of Trust shall be interpreted 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 continue io 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 /> othervvise,Grantor consents to the jurisdiction 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 preserrtment,demand for paymem,notice of dishonor and
<br /> protest except as required by Iaw. All references to Grantor in this Deed of Trust shall indude allpersons signing below. If there is more than one Grantor,
<br /> their Obligations shall be p' int and several. This Deed of Trust represerns 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 beneficiary of any provision of this Deed of Trust. All provisions of this Deed of
<br /> Trust in favor of Lende�are intended solely for the beneflt of Lender,and no thfrd party shall re errtitled to assume or expect ihat Lender will not waive or
<br /> consern to the modiflcation of any provision of this Deed of Trust,in Lender's sole discretion.
<br /> 36. PRESERVATION OF LIABILITY AND PRIORITY. Wrthout affecting the liability of Borrower,Grarrior,or any guarantor of the Obligations,or any other
<br /> person(except a person expressly released in writfng)for the paymerrt and performance of the Obligations,and without affecting the rigMs of Lender with
<br /> respect to any ProPerty not expressly released in writing,and without impainng in any way the priority of this Deed of Trust over the interest of any person
<br /> acquired or flrst ewdenced by recording subsequent to the recording of this Deed of Trust,Lender may,ehher before or after the maturity of the Obligations,
<br /> and without notice or oonsent:release any person liable forpaymeM or pertormance of all or any part of the Obligations;rnake any agreemerrt altering the
<br /> temu of payment or performance of all or any parl of the Obligations;exerase or refrain from exerasing or waive any right or rernedy that Lender may have
<br /> under the Deed of Trust;axept additional securiiy of any Idnd for any of the Obligations;or release or otherwise deal wfth any real or personal o rty
<br /> securing the Obligations. My person acquiring or recording evidence of any iMerest of any nature in the Property shall be deemed, by acqufring sucFi
<br /> irrterest or recording any evidence ihereof,to have conseMed to all or any such actions by Lender.
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