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99 110052
<br /> Z0. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effeclNe as a financing
<br /> statement-and a fixture filing pursuarrt to the provisions of the Uniform Commercial 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 replacements thereof and additions thereto(the"Chattels"),and Grarnor 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 flnandng statement filed as a fixture flling with respect to all fixtures included 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(including said fixtures)is situated. This
<br /> Deed of Trust shall also be effective as a finanang statement covering any other premises and may be filed in any other appropriate filing or recording
<br /> office. A carbon,photographlc or other reproduclion of this Deed of Trust or of any finanang statement relating to this Deed of Trust shall be suffiaent as a
<br /> finanang statemern for any of the purposes referred to in this Paragraph. The secured party is the Lender described above. Upon demand,Grantor shall
<br /> rt�ake, execute and deliver such sec;urity agreements (as such term is defined in said Uniform Corm�eraal Code) as Lender at any time may deem
<br /> necessary 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 agerrt of Grarrtor. Grarrtor hereby authorizes Lender to file finanang statemeMs(as such term is defined in said Uniform
<br /> Commeraal Code)with respect to the Chattels,at any time,without the signature of Grantor. Grarrtor will,however,at any time upon request of Lender,
<br /> sign such finandng statemerrts. Grantor will pay all filing fees for the flling of such finanang statemerrts and for the refiling thereof at the times required,in
<br /> the opinion of Lender,by said Uniform Commercial Code. If the lien of thfs Deed of Trust be subject to any security agreement covering the Chattels,then
<br /> in the event of any defauft under this Deed of Trust,all the rigM,title and irrterest 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 paymeMs now or hereafter made thereof by Grantor or the predecessors or successors in title of
<br /> Gramor 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 pertorm any act required to be taken by Grantor or to exerase any right or remedy of Lender under this Deed of Trust. Upon demand,Grantor
<br /> shall imnediately 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 law from the date of paymerrt urrtil the date of reimbursement. These sums shall be included in the de8nition of
<br /> Obligations herein and shall be secured by the benefiaal interest graMed herein. If the Obligations are paid after the beginning of publication of notice of
<br /> sale,as herein provided,or in the everrt Lender shall,at its sole option,pemrt Grarrtor 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 incurred by the Trustee and Lender in connection with said publication,
<br /> induding 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 APPUCATION OF PAYMENTS. The Trustee shall apply the proceeds of the trustee's sale,first,to the costs and expenses of exercising the power of
<br /> sale and of the sale,induding the paymeM 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 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 herebyappoirrts Lender as its attomey-in-fact to endorse Grantor's name on all instrumems and other documents
<br /> pertaining to the Obligations or Deed of Trust. In addiiion, Lender shall be ernitled, but not required,to perform any action or execute any document
<br /> required to be taken or executed by Grarrtor under this Deed of Trust. Lender'spe rfomiance of such action or execution of such documents shall not
<br /> relfeve Grarrtor irom 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 /> interest and are irrevocable.
<br /> 24. SUBROGA710N OF LENDER. Lender shall be subrogated to the rights of the holder of any previous lien, security irnerest or encumbrance
<br /> discharged with funds advanced by Lender regardless of whether these liens,securiry irrterests or other encumbrances have been released of record.
<br /> 25. COLLECTION COSTS. To the extent pem�itted►�y law,Grarrtor a�ees to pay Lender's reasonable fees and costs,induding,but not limited to,fees
<br /> and costs of ariomeys and other agerrts (indudin9 whhout limitation paralegals, derks and consultams), wheiher or not such attomey or agerrt is an
<br /> employ�e of Lender,which are incurred by Lender in collecting any amourrt due or enfordng any rigM or remedy under this Deed of Trust,whether or not
<br /> suR is brougM,induding,but not Ilmtted to,all fees and costs incurred on appeal,in banlwptcy,and for post-judgmerrt collection actions.
<br /> 26. PARTIAL RELEASE. Lender may release its irrterest in a portion of the Property by executing and recording one or more Partial Deeds of
<br /> Recorneyance without affecting its irrterest in the remaining portfon of the Property. Nothing herein shall be deemed to obligate Lender to release any of its
<br /> irnerest in the Property(except as required under Paragraph 38 or as may be othervvise reqwred by law),nor shall Lender be obligated to release any part
<br /> of the Property if Grarnor is in default under this Deed of 7rust. The lien and sec;urrt'yimerest created by the Deed of Trust remain in effect with respect to
<br /> that portion of the property,as deflned in the Deed of Trust,thal is not the subject of this or any Partial Deed of Reconveyance
<br /> 27. MODIFICATION AND WAIVER. The modiflcation or waiver of any of Grarnor's Obligations or Lender's rights under this Deed of Trust must be
<br /> corrtained in a writing signed by Lender. Lender may perform any of Borrower's or Grarnor's Obligations,delay or fail to exercise any of its rights or accept
<br /> payments from Gramor or anyone other than Grantor without causing a waiver of those Obligations or rigMs. A waiver on one oxasion shall not constitute
<br /> a waiver on any other oxasion. Grantor's Oblipations under this Deed of Trust shall not be affected if Lender amends,compromises,exchanges,fails to
<br /> exerclse,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 perfomiance of any of the Obligations shall not be deerned a waiver and Lender shall
<br /> have the rigM at any time thereafter to insist upon strict perfomrance.
<br /> 28. SUBSTITUTE TRUSTEE;TRUSTEE LIABIUTY;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 remove the Trustee or any substitute trustee as
<br /> trustee hereunder and to appoim a new trustee in his plaoe and stead,the holder of the Obligations is hereby grarned full power to appoint 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 othervvise responsible or accountable under any arcumstances whatsoever.
<br /> Trustee shall not be personally liable in case of errtry by it or anyone acting by virtue of the powers herein granted it upon the Deed of Trust for debts
<br /> corrtracted or liabiliry or s incurred in the menagemerrt or operation of said premises. Trustee shall have the n�M to rel on any instrumern,
<br /> documem or signature authoriz ng or supporting any action taken or proposed to be taken by it hereunder or believed by tt ingoo�faith to be genuine.
<br /> Trustee shall be errtitled to reimbursemerrt for expenses incurred by it m the perfomiance of fts duties hereunder and to reasonable compensation for such
<br /> of its senrices hereunder as shall be rendered. Grantor will,from time to time,pay compensaiion due Trustee hereunder and reimburse Trustee for and
<br /> save and hold it hamiless from and against any and all loss,cost,liability,damage and expense whatsoever incurred by it in the perfomrance 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 tF�e exterrt required by law) and Trustee shall be under no liability for interest on any
<br /> moneys received by rt hereunder.
<br /> 29. SUCCESSORS AND ASSIGNS. This Deed of Trust shall be bindin� upon and inure to the benefit of Grantor and Lender and their respective
<br /> suxessors,assigns,trustees,receivers,administrators,personal represerrtat�ves,legatees and devisees.
<br /> 30. NOTICES. Except as otherwise required by Iaw,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 thls 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 serrt bv flrst dass meil,postage prepaid,shall be deemed given the earlier of three�3)days after such notice is sent or when received
<br /> by ihe person to whom suc}�notice is being given.
<br /> 31. SEVERABILIT'Y. Whenever possible,each provision of this Deed of Trust shall be irrterpreted 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 corninue 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 /> othervvise,Grantor conserrts to the�risdiction 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 waNes presentment,demand for paymsrrt,notice of dishonor and
<br /> �otest except asrequired Iaw. All references to Grantor in this Deed of Trust shall indude allpersons signing below. If there is rr�re than one Grantor,
<br /> ir Obligations shall be p' n�t and several. This Deed of Trust represerrts the complete irrtegrated 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 benefiaary of anypro vision of this Deed of Trust. All provisions of this Deed of
<br /> Trust in favor of Lender are irnended solely for the beneflt of Lender,and no third party shall be ernitled to assume or expect that Lender will not waive or
<br /> consent to the modificatlon of any provision of this Deed of Trust,in Lender's sole discretion.
<br /> 3S. PRESERVATION OF UABILITY AND PRIORITY. Wrthout affecting the liability of Borrower,Grantor,or any guarantor of the Obligations,or any other
<br /> person(except a person expressly released in writing)for the paymem and perfomience of the Obligations,ancl without affecting the rights of Lender with
<br /> respect to any Property not expressly released in w�iting,and without impainng in any way the priority of this Deed of Trust over the interest of any person
<br /> acquired or first ewdenced by recording subsequerrt to the recording of this Deed of Trust,Lender may,either before or after the maturity of the Obligations,
<br /> and wiihout notice or conserrt:release any person liable forpayment or pe�fom�enoe of all or any part of the Obli tions;meke an agreement aftering the
<br /> terms of paymern or perfomienoe of all or any part of the Obligations;exerdse or refraln from exercising or waive a�riy right or rernedy that l.ender may have
<br /> under the Deed of Trust;accepl additional security of any fdnd for any of the Obligations;or release or otherwise deal with any real or personal property
<br /> securing the Obligat(ons. My person acqui�ing or recording evidenoe of any irrterest of any nature in the Property shall be deemed, by acquiring such
<br /> irnerest or recording any evidenoe thereof,to have conser�ted to all or any sucF�actions by Lender. �
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