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<br /> 20. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effective as a financing
<br /> statement and a fixture flling pursuarrt to the provisions of the Uniform Commercial Code (as adopted in the state where the real property is located)
<br /> cove�ing fixtures,chattels,and artides of personal property now owned or hereafter attached to or to be used in connection whh the Property together with
<br /> any and all replacemerrts 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 financing statement filed as a fixture filing with respect to all 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(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,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 statemern for any of the purposes referred to in this Paragraph. The secured party is the Lender described above. Upon demand,Grantor shall
<br /> rnake, execute and deliver such securfry agreements (as such term is defined in said Uniform Corrmercial Code) as Lender at any time may deem
<br /> necessary or proper or required to grant to Lender a perfected security imerest in the Chattels,and upon Grantor's failure to do so,Lender is authorized to
<br /> sign any such agreement as the agerrt of Grantor. Grarrtor hereby authorizes Lender to file finanang statements(as such term is defined in said Uniform
<br /> Cormieraal Code)wfth respect to the Chattels,at any time,without the signature of Grantor. Grarnor will,however,at any time upon request of Lender,
<br /> sign such flnandng statemerrts. Grantor will pay all filing fees for the filing of such finanang statemerns and for the refiling thereof at the times required,in
<br /> the opnion 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 right,title and imerest of Grantor in and to any and all of the Chattels is hereby assigned to
<br /> Lender,together wiih 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�ENDER. Lender, at Lender's option, may expend funds(including attorneys' fees and legal
<br /> expenses)to perform 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 inmediately reimburse Lender for all such amourrts expended by Lender 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 reimbursement. These sums shall be induded in the definition of
<br /> Obligations herein and shall be secured by the benefiaal irnerest granted herein. If the Obligations are paid after the beginning of pubtication of notice of
<br /> sale,as herein provided,or in the everrt Lender shall,at its sole option,pemit Grantor to pay any part of the Obligations after the beginning of pudication of
<br /> notice of sale,as herein provided,then,Grantor shall pay on demand all expenses incurred by ihe Trustee and Lender in connection wfth 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 APPLICATION OF PAYMENTS. The Trustee shall apply the proceeds of the trustee's sale,first,to the costs and expenses of exerasing the power of
<br /> sale and of the sale,induding the Payment of the Trustee's fees actually incurred not to exceed ihe amourn which may be provided for in the Deed of Trust,
<br /> second,to paymerrt of the obligation secured by the Deed of Trusi,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 erttitled thereto.
<br /> 23. POWER OF ATTORNEY. Grarnor hereby appoirrts Lender as fts 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 Qerform any action or execute any document
<br /> required to be taken or executed by Grardor under this Deed of Trust. Lender'spe rformance of such action or execution of such documents 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 sulxogated to the rigMs 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 exteM pemttted by law,Grarnor agrees to pay Lender's reasonable fees and costs,including,but not limited to,fees
<br /> and costs of attomeys and other agerrts (indudin�wrthout limitation paralegals, clerks and consuhants), whether or not such attomey or agent is an
<br /> employ�e of Lender,which are incurred by Lender in collecting any amount due or enforcing any right or remedy under this Deed of Trust,whether or not
<br /> suft is brougM,induding,but not limited to,all fees and cosls incurred on appeal,in banlwptcy,and for post-judgment collection actions.
<br /> 26. PARTIAL RELEASE. Lender may release i1s interest in apo rtion of the Property by executing and recording one or more Partiai Deeds of
<br /> Reoonveyance whhout affecting its irrterest m the remaining portion 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 Pazagraph 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 defautt under this Deed of trust. The lien and sea�rity urterest created by the Deed of Trust remain in effect with respect to
<br /> that portion of the properry,as defined in the Deed of Trust,that is not the subject of this or any Partial Deed of Reconveyance
<br /> 71. MODIFICATION AND WAIVER. The modification or waiver of any of Grantor's Obligations or Lender's rfghts under this Deed of Trust must be
<br /> cornained in a writing signed by Lender. Lender may perfom�any of Barower's or Grantor's Obligations,delay or fafl to exerase any of its rights or aooept
<br /> paymerrts from Grarrtor or anyone other than Grantor without causing a walver of those Obllgations or rights. A waiver on one occasion 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,fails to
<br /> exerase,impairs or releases any of the Obligations belonging to any Grantor,Borrower or thirdpart y 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 performance of any of the Obligations shall not be deemed a waiver and Lsnder shall
<br /> have the rigM at any time 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 appoint a new trustee in his place and steaa,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 appointed,become successor to all rigMs of Trustee hereunder and the same shall
<br /> become vested in him for ihe purposes and objects of this Deed of Trust with all the power,duties and obligations herein confetred on the Trustee. Trustee
<br /> shall not be liable for any eROr of�udgmerrt or act done by Trustee, or be otherwise responsible or accountable under any circumstances whatsoever.
<br /> Trustee shall not be personally liable in case of entry 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 damages 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�xoposed to be taken by it hereunder or believed by it in good faith to be genuine.
<br /> Trustee shall be eMitled to reimbursemem for expenses incurred by it in the performance of its duties hereunder and to reasonable compensation for such
<br /> of its senrices 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,liability,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 herein provided,be held in trust for the purposes 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 liabilhy for interest on any
<br /> moneys receNed 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 /> suxessors,assigns,trustees,receivers,administrators,personal represernatives,legatees and devisees.
<br /> 30. NOTICES. Except as otherwise required by'law,any notice or other carmxmication to be provided under this Deed of Trust shall be in writing and sent
<br /> to the parties at ihe addresses descxibed 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 gNen and serrt by flrst 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. SEVERABWTY. Whenever possible,each provision of this Deed af Truat shaH be iMerpreted 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 ihe Deed of Trust shall continue to be valid and enforceable.
<br /> 32. APPLICABLE LAW. Thfs Deed of Trust shall be govemed by the Iaws of the state where the real property is located. Unless applicable law provides
<br /> otherwise,Grarrtor conserrts to the jurisdiction and venue of any court selected by Lender,in its sole discretion,located in that state.
<br /> 33. MISCEILANEOUS. Grarrtor and Lsnder agree that time is of the essence. Grantor waives presentment,demand for payment,notice of dishonor and
<br /> protest except as required by law. All references 10 Grarnor in this Deed of Trust shall indude allpersons signing below. If there is more than one Grantor,
<br /> iheir 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 parry beneficiary of anyprovision of this Deed of Trust. All provisions of this Deed of
<br /> Trust in favor of Lender are irrtended solely for the benefit of Lender,and no third party shall re entitled to assume or expect that Lender will not waive or
<br /> consent to the modiflcation 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 Borrower,Grantor,or any guarantor of the Obligations,or any other
<br /> person(except a person expressly released in writin�)for the payment and perfom�ance of the Obligations,and without affecting the rights of Lender with
<br /> respect to any Property not expressly released in wnting,and without impainng m any way the priority of this Deed of Trust over the irrterest of any person
<br /> acqwred or first evidenced by recording subsequent 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 forpayment or perfomiance of all or any part of the Obligations;make any agreement altering the
<br /> terms of payment orperformance of all or any part of the Obligations;exerase or refrain from exercismg or waive any rigM or remedy that Lender may have
<br /> under the Deed of Trust;acoepl 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 imerest of any nature in the Property shall be deemed, by acquiring such
<br /> imerest or recording any evidence thereof,to have consented to all o�any such actions by lender.
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