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99 110105
<br /> 20. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effective as a financing
<br /> stalement and a fixture filing pursuarrt to the provisions of the Uniform Commeraal 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 wfth the Property together with
<br /> any and all replacements thereof and additions 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 flnanang statemeM filed as a fixture filing with respeci 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 statemeM 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 finanang statement relating to this Deed of Trust shall be sufficient as a
<br /> finanang statemerrt for any of ihe purposes referred to in this Paragraph. The secured party is the Lender described above. Upon demand,Grarnor shall
<br /> make, execute and deliver such sec;uriry agreemerrts (as such term is defined in said Uniform Corrmeraal 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 agreement as the ageM of Grarrtor. Grantor hereby authorizes Lender to file financing statemenls(as such term is defined in said Uniform
<br /> Cormieraal Code)with respect to the Chattels,at any time,without ihe 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 filing of such financing statements and for the refiling thereof at the times required,in
<br /> the opinion of Lender,by said Uniform Commerdal Code. If the lien of this 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 right,title and interest 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 payments now or hereaiter made thereof by Grantor or the predecessors or suasssors in title of
<br /> Grantor in the Properry.
<br /> 21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender,at Lender's option, may expend funds(induding attomeys'fees and legal
<br /> expenses)to pertorm any act required to be taken by GraMor or to exerase any rigM or remedy of Lender under this Deed of Trust. Upon demand,Grantor
<br /> shall immediately reimburse Lender for all such amounts expended by Lsnder together with irrterest 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 reimbursemeM. These sums shall be induded in the deflnition of
<br /> Obligations herein and shall be secured by the beneficial irrterest grarrted herein. If the Obligatfons are paid after the beginning of publ(cation of notice of
<br /> sale,as herein provided,or in the everrt Lender shall,at its sole option,pemrt Grantor to pay any part of the Obligations after the beglnning 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 attorneys'fees to the attorneys 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 costs and expenses of exercising the power of
<br /> sale and of the sale,including the paymeM 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 paymeM of the obligation secured by the Deed of Trust,thvd,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. Grantor herebyappoiMs Lender as its attomey-in-fact to endorse Gramor's name on all instruments and other documents
<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 documerrt
<br /> required to be taken or executed by GraMor under this Deed of Trust. Lender'spe rformance of such action or execution of such documertts shall not
<br /> relieve Grarnor from any Obligation or cure any defauft under this Deed of Trust. All powers of ariomey described ln this Deed of Trust are coupled whh 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 liens,security interests or other encumbrances have been released of record.
<br /> 25. COLLECTION COSTS. To the extent pemitted by law,Grantor agrees to pay Lender's reasonable fees and costs,induding,but not limited to,fees
<br /> and costs of attomeys and other agents (indudin�wdhout limitation paralegals, clerks and consullarns), whether or not such attomey or agent 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 /> suh is brought,induding,but not IiMted 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 without affecting its interest m the remaining portion of the Property. Nothing herein shall be deemed to obligate Lender to release any of hs
<br /> interest 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 Grantor is in defauft under this Deed of 7rust. The lien and security interest 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. MODIFICA710N AND WAIVER. The modification or waiver of any of Grantor's Obligations or Lender's rights under this Deed of Trust must be
<br /> corrtained in a writing signed by Lsnder. Lender may pertorm any of Borrower's or Grantor's Obligations,delay or fail to exerase any of its rigMs or axept
<br /> payments from Grantor or anyone other than Grar►tor without causing a waiver of ihose Obligations or rights. A waiver on one oxasion shall not constitute
<br /> a waiver on any other occasion. Grantor's Obli�ations under this Deed of Trust shall not be affected if Lender amends,compromises,exchanges,faiis to
<br /> exerase,impairs or releases any of the Obligations belonging to any Grantor,Borrower or thirdparty or any of its rights against any Grantor,Borrower or
<br /> third party or any of the Property. Lender's faflure to insist upon strict perfomrance of any of the Obligations shall not be deemed a waiver and Lender shall
<br /> have the rigM at any tlme thereafter to insist upon strict perfomiance.
<br /> 28. SUBSTITUTE TRUSTEE;TRUSTEE LIABILITY;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 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 suxessor 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�udgmeM or act done by Trustee, or be otherwise responsible or accourrtable under any circumstances 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 liabilhy or dama�es incuRed in the mana�emern or operation of said premises: Trustee shall have the ri�ht to rely on any instrument,
<br /> document or signature authorizmg or supporting any achon taken or 4xoposed to be taken by rt hereunder or believed by rt in good faith to be genuine.
<br /> Trustee shall be errtitled to reimbursemeM 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 reirnburse Trustee for and
<br /> save and hold it harmless from and against any and all loss,cost,liability,damage and expense whatsoever incuRed by it in the performance of fts duties.
<br /> All moneys received by Trustee shall,until used or applied as hereinprovided,be held in trust for thepu rposes for which they were received,but need not
<br /> be segregated in any menner 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 it 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 /> suocessors,assigns,trustees,receivers,administrators,personal representatives,legatees and devisees.
<br /> 90. NOTICES. Except as otherwise required by law,any notice or other cormwnication 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 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 /> 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 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,Grarrtor conseMs 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. Grarnor waives presentmerrt,demand for payment,notice of dishonor and
<br /> protest except as required by law. All references to GraMor in this Deed of Trust shall include all persons signing below. If there is more than one Grarrtor,
<br /> their Obligat(ons shall be p' irn and several. This Deed of Trust represents the complete integrated understanding between GraMor 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 any�vision of this Deed of Trust. All provisions of this Deed of
<br /> Trust in favor of Lender are fntended solely for the benefit of Lender,and no third party shal be ernitled to assume or expect that Lender will not waive or
<br /> conserrt to the modification of any provision of this Deed of Trust,in Lender's sole discretion.
<br /> 35. PRESERVATION OF LIABILITY AND PRIORITY. Without affecting the liability of Borcower,Grantor,or any guarantor of the Obli�ations,or any other
<br /> person(exoept a person expressly released in writing)for the payment and perfomiance of the Obligations,and without affecting the nghts of Lender whh
<br /> respect to any Property not expressly released in writing,and without impainng m any way the priority of this Deed of Trust over the interest of any person
<br /> acqwred or flrst ev�denced 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 conseM:release any person liable forpaymern or performance of all or any part of the Obligations;make any agreemerrt altering the
<br /> temis of payment orperformance of all or any part of the Obligations;exercise or refrain from exerasing or waive any right or remedy that Lender may have
<br /> under the Deed of Trust;axept additional security of any Idnd for any of the Obligations;or release or otherwise deal with any real or personal property
<br /> securing the Obligations. My person acqui�ing or recording evidence of any interest of any nature in the Property shall be deemed, by acquiring sucf�
<br /> irrterest or recording any evidence thereof,to have conseMed to all or any such actions by Lender.
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