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<br /> 99 11067 � `
<br /> 40. 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 filing pursuarrt to the provisions of the Uniform Commeraal Code (as adopted in the state where ihe real property is located)
<br /> covering fixtures,chattels,and articles 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 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 finandng statement filed as a fixture filing with respect to all fixtures induded 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(including said fixtures)is situated. This
<br /> Deed of Trust shall also be effective as a financing 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 /> make, execute and deliver such security agreements (as such term is defined in said Uniform Corm�ercial Code) as Lender at any time may deem
<br /> necessary or proper or required to grarrt 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 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 filing of such finanang statements and for the refiling thereof at the times required,in
<br /> the opinion of Lender,by said Uniform Commeroial 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 default under this Deed of Trust,all the rigM,title and interest of Gramor in and to any and all of the Chattels is hereby assigned to
<br /> Lender,together with the benefit of any deposits or payments 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(induding attomeys'fees and legal
<br /> expenses)to perform any act required to be taken by Grantor or to exerase any rigM or remedy of Lender under this Deed of Trust. Upon demand,Grantor
<br /> shall irrmediately reimburse Lender for all such amounts expended by Lender together with interest thereon at the lower of the highest rate desaibed in any
<br /> Obligation or the highest rate allowed by law f�om the date of paymern until the date of reimbursement. These sums shall be included in the definition of
<br /> Obligations herein and shall be secured by the benefiaal iMerest grarrted herein. If the Obligations are paid after the beginning of publication of notice of
<br /> sale,as herein provided,or in the evenl Lender shall,at its sole option,pemrt Grantor 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 incuned 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 ihis Deed of Trust shall be
<br /> security for all such expenses and fees.
<br /> 22 APPLICATION OF PAYMENTS. The Trustee shall apdy the prxeeds of the trustee's sale,first,to the costs and expenses of exerdsing the power of
<br /> sale and of the sale,including the payment of the Trusiee'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 payrnern 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 herebyappoirns Lender as its attomey-in-fact to endorse Grantor's name on all instruments and other documents
<br /> peAaining to the Obligations or Deed of Trust. In addition, Lender shall be entitled, 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 rformance 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. Alf powers of attomey described in this Deed of Trust are coupled wfth an
<br /> interest and are irrevocable.
<br /> 24. SUBROGATION OF LENDER. Lender shall be sutxogated to the rigMs of the holder of any previous lien, security interest or encurnbrance
<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,including,but not limited to,fees
<br /> and costs of attomeys and other agents (indudin�wrthout limitation paralegals, clerks and consultarrts), whether or not such attomey or agent is an
<br /> employ�e of Lender,which are incurred by Lender in collecting any am�unt due or enforcing any right or rernedy under this Deed of Trust,whether or not
<br /> suit is brought,induding,but not limited to,all fees and costs incurred on appeal,in banlwptcy,and for post-judgment colleGion actions.
<br /> 26. PARTIAL RELEASE. Lender may release its irrterest in apo rtion of the Property by executing and recording one or rrpre Parlial Deeds of
<br /> Reconveyance without affecting its irneresi in 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 mey be otherwise required by law),nor shall Lender be obligated to release any part
<br /> of the Property if Grantor is in defauR under this Deed of trust. The lien and security irrterest 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. MODIFICATION AND WAIVER. The modification or waiver of any of Grantor's Obligations or Lender's rigMs under this Deed of Trust must be
<br /> contained in a writing signed by Lender. Lender may perform any of Borrower's or Grantor's Obligations,delay or fail to exerase any of its rights or accept
<br /> payments from Grantor or anyone other than Grarrtor without causing a waiver of those Obligations or rights. A waiver on one occasion shail not constitute
<br /> a waiver on any other occasion. Grarnor's Obligations under this Deed of Trust shall not be affected if Lender amends,compromiNi;exchanges,fails to
<br /> exerase,impairs or releases any of the Obligations belonging to any Grantor, Borrower or third party or any of its rights against any�raMor, Borrower or
<br /> third party or any of the Property. Lender's failure to insist upon strict perfom�ance of any of the Obligations shall not be deemed a waiver and Lender shall
<br /> have the rigM at any time thereafter to insist upon strict performance.
<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 properry is located or in case the holder of the Obligalions shall desire for any reason to remove the Trustee or any substitute trustee as
<br /> irustee hereunder and to appoirrt a new trustee in his place and stead,the holder of the Obligations is hereby granted full power to appoirrt in writing a
<br /> substitute trustee for said Trustee,and the substitute trustee shall,when appoirned,become suxessor 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�udgmerrt or act done by Trustee, or be otherwise responsible or accountable 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 grarrted ft upon the Deed of Trust for debls
<br /> contracted or liability or dama�es incurred in the mana�ement or operation of said premises. Trustee shall have the ri�M to rely on any instrumern,
<br /> documerri or signature authorizmg or supporting any action taken or proposed to be taken by it hereunder or believed by rt ingoo d faith to be genuine.
<br /> Trustee shall be errtitled to reimbursemerrt 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. Grarrtor will,from time to time,pay compensation due Trustee hereunder and reimburse Trustee for and
<br /> save and hold it harmless 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,uMil used or applied as herein provided,be held in trust for thepu rposes for which they were received,but need not
<br /> be segregated in any manner from any other mcneys (except to the extent required by law) and Trustee shall be under no liability for interest on any
<br /> moneys received by ft hereunder.
<br /> 29. SUCCESSORS AND ASSIGNS. This Deed of Trust shall be bindin� upon and inure to the benefft of Grantor and Lender and their respective
<br /> successors,assigns,trustees,receivers,administrators,personal represeMatnres,legatees and devisees.
<br /> 30. NOTICES. Excepl as otherwise required by law,any notice or other corrrrunicatlon 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. My such
<br /> notice so given and sent by flrst dass mail,postage prepaid,shall be deemed given the earlier of three�3)days after sudi notice is sern 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 irnerpreted so as to be effective and valid under applicable state
<br /> law. If any provision of this Deed of Trust violales 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 conserrts to the jurfsdiction and venue of any court selected by Lender,in its sole discretion,located in that state.
<br /> 33. MISCELLANEOU3. Grarrtor and Lender agree that time is of the essence. Grantor waives presernmerrt,demand for payment,notice of dishonor and
<br /> protest except as required by law. All references to Grarrtor in this Deed of Trust shall indude allpersons signing below. If there is more than one Grantor, j
<br /> their Obligations shall be p' int and several. This Deed of Trust represents the complete integrated understanding between Grantor and Lender pertaining to
<br /> the terms and condhions hereof.
<br /> 34. NO THIRD PARTY RIGHTS. No person is or shall be a third party beneficiary of anyprovision of this Deed of Trust. All provisions of ihis Deed of
<br /> Trust in favor of Lender are irnended solely for the benefit of Lender,and no third party shall re emitled 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 UA8ILITY AND PRIORITY. Wdhout affecting the liability of Borrower,Grantor,or any guararrtor of the Obligations,or any other
<br /> person(except a person expressly released in writina)for the paymerrt and performance of the Obligations,and without affecting the rights of Lender with
<br /> respect to any Properry not expressly released in wrrting,and without impainng in any way the priority of this Deed of Trust over the irnerest of any person
<br /> acqwred or flrst evirenced by recording subsequeM to the recording of this Deed of'frust,Lender may,either before or after the maturity of the Obligations,
<br /> and wfthout notice or consent:release any person liable forpayment or perfomianoe of all or any part of the Obligations;make any agreemern altering the
<br /> terms of paymerri orperfom�ance of all or any part of the Obligations;exerdse or refrain from exerasing or walve any right or remedy that Lender mey have
<br /> under the Deed of Trust;accept 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 acquiring or recording evidence of any irnerest of any nature in the Property shall be deemed, by acquiring sucf�
<br /> irrterest or reoording any evidence thereof,to have consented to all or any such actions by Lender.
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