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. 99 111s30
<br /> �.-S�CURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effeclive as a financing
<br /> statemern and a fixture filing pursuam to the provisions of the Uniform Cortmeraal 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 replacemeMs lhereof and additions thereto(the"Chattels"),and GraMor hereby grants Lender a securfty irrterest in such Chattels. The debtor is
<br /> the Grantor descxibed above. This Deed of Trust will be effective as a finanang statement filed as a fixture filing with respect tb aN 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(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 statemeM relating to this Deed of Trust shall be sufficient as a
<br /> flnandng statement for any of the purposes referred to in this Paragraph. The secured party is the Lender described above. Upon demand,Gramor shall
<br /> make, execute and deliver such security agreements (as such tertn is defined in said Uniform Corrxneraal Code) as Lender at any time may deem
<br /> necessary or proper or required to grant to Lender a perfected security irrterest 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. Grantor hereby authorizes Lender to file financing statements(as such term is defined in said Uniform
<br /> Commeraal Code)with respect to the Chattels,at any time,without the signature of Grarnor. GraMor will,however,at any time upon request of Lender,
<br /> sign such finanang statemems. Grarrtor will pay all filing fees for the 81ing of such finanang statements and for the refiling thereof at the times required,in
<br /> the opinion of Lender,by said Uniform Cortmeraal Code. If the lien of this Deed of Trust be subject to any security agreemern covering the Chattels,then
<br /> in the event of any default under this Deed of Trust,all the rigM,t�le and irnerest 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 /> Grarrtor 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 to be taken by GraMor or to exerdse any rigM or remedy of Lender under this Deed of Trust. Upon demand,Grantor
<br /> shall irmiediately 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 ihe date of payment until the date of reimburserr�rn. These sums shall be included in the definition of
<br /> Obligations herein and shall be secured by the benefidal irderest granted 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,pemit 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 incurred Irj the Trustoe 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�aymerrt of the Trustee's fiees actually incurred not to exceed the amourrt which may be provided for in the Deed of Trust,
<br /> second,to paymerrt 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 tegally entitled thereto.
<br /> 23. POWER OF ATTORNEY. Grantor herebyappoirrts Lender as its attomey-in-fact to endorse Grantor's name on all instruments and other documerns
<br /> pertaining to the Obligations or Deed of Trust. In addition, Lender shall be ernitled, but not required, to Qerform any action or execute any document
<br /> required to be taken or executed by Grantor under this Deed of Trust. Lender'spe rtomiance of such action or execution of such documents shall not
<br /> relieve GraMor 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 /> irrterest and are iRevocable.
<br /> 24. SUBROGATION OF LENDER. Lender shall be subrogated to the rigMs of the holder of any previous lien, securiiy irrterest or encumbrance
<br /> discharged with funds advanced by Lender regardless of whether these liens,security irrterests or other encumbrances have been released of record.
<br /> 2b. COLLECTION COSTS. To the extent pemiitted 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 agerns (indudin�without limitation paralegals, derks and consuftarns), whether or noi such attomey or agent is an
<br /> employee of Lender,which are incurred by Lender m collecting any artwurrt due or enforang any rigM or rert�edy under this Deed of Trust,whether or not
<br /> suh is brought,induding,but not limited to,all fees and cosis incurred on appeal,in banlwptcy,and for posi-judgmerrt collection actions.
<br /> 26. PARTIAL RELEASE. Lender may release its irrterest in apo rtion of the Property by exeariing and recording one or more Partial Deeds of
<br /> Reconveyance without affecling fts irrterest in the remaining portion of the Property. Nothing herein shall be deerned to obligate Lender to release any of hs
<br /> interest in the Properry(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 GraMor is in defauft under this Deed of trust. The lien and securrt'yimerest 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 wrtting signed by Lsnder. Lender may perfoRn any of Borrower's or Grantor's Obligations,delay or fall to exerdse any of fts rights or axept
<br /> paymerns from GraMor or anyone other th�Grsnior without causing a wraiver of thoss Ob{ig�ions cr:igMs. A waivar on one occasion shall not constitute
<br /> a waiver on any other occasion. Grarnor'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 thirdpa rty or any of its rights against any Grarrtor, 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 deerned a waiver and Lender shall
<br /> have the rigM at any time thereafter to insist upon strict performance.
<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 appoirrt a new trustee in his place and stead,the holder of the Obligations is hereby grarned full power to appoirn in writing a
<br /> substftute trustee for said Trustee,and the substitute trustee shall,when appointed,bec�me 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 thepower,duties and obligations herein conferred on the Trustee. Trustee
<br /> shall not be Ifable for any error of�udgmern or act done by Trustee, or be otherwise responsible or axourrtable under any dreumstances whatsoever.
<br /> Trustee shall not be personally liable in case of errtry by it or anyone acting by virtue of the powers herein graMed it upon the Deed of Trust for debts
<br /> corrtracted 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 instrumem,
<br /> document or signature authorizing or supporting any action taken or proposed to be taken by it hereunder or believed by d in good faith to be genuine.
<br /> Trustee shall be entitled to reimbursement 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. GraMor will,from time to time,pay compensation due Trustee hereunder and reimburse Trustee for and
<br /> save and hold it harrriess from and against any and all loss,cosi,liability,damage and expense whatsoever incurred by it in the performance of hs duties.
<br /> All moneys received by Trustee shall,urrtil 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 irnerest on any
<br /> moneys received by it hereunder.
<br /> 29. SUCCESSORS AND ASSIGNS. This Deed of Trust shall be binding upon and inure to the bene�t of Grantor and Lender and their respective
<br /> suxessors,assigns,trustees,receivers,administrators,personal represernatNes,legaiees and devisees.
<br /> 30. N0TICES. Except as otherwise required by law,any notice or other comtunication 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 seM bv first dass mail,postage prepaid,shall be deemed given the earlier of three�3)days after such notice is serrt or when received
<br /> by the person to whom such notice is being given.
<br /> 91. SEVERABILITY. Whenever posaible,each provision of this Deed of Trust shall be irrterpreted so as to be effective and valid under applfcable state
<br /> law. If any provision of this Deed of Trust violates the law or is�menforceable,the rest of the Deed of Trust shall continue to be valid a�d enforceable.
<br /> 32. APPLICABLE LAW. This Deed of Trust shall be govemed by the laws of the state whero 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. GraMor and Lender agree that time is of the essence. Grarnor waives presentment,demand for payment,notice of dishonor and
<br /> protest except asreq uired by law. All references to Grantor in this Deed of Trust shall indude allpersons signing below. If there is more than one Grarnor,
<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 conditions hereof.
<br /> 34. NO THIRD PARTY RIGHT3. 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 Lender are intended solely br the benefit of Lender,and no third party shall re entitled to assume or expect that Lender will not waive or
<br /> conserrt to the modification of any provision of this Deed of Trust,in Le�der's sole discretion.
<br /> 36. PRESERVATION OF UABILITY AND PRIORITY. Without affecting the liability of Borrower,Grantor,or any guarantor of the Obligations,or any other
<br /> person(except a perso�expressly released in writfn�)for the payment and performance of the Obligations,and whhout affecting the rigMs of Lender with
<br /> respect to any ProPerty not expressly released in wrrting,and without impeinng in any way the priority of this Deed of Trust over the interest of any person
<br /> acquired or first ev�denced by recording subsequent to the reoording 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 orperfomiance of all or any part of the Obligations;exercise or reMain from exercising or waive any ri t 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 de�with any real or personal property
<br /> securing ihe Obligaiions. Any person acquiring 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 consemed to all or any such actions by Lender.
<br />� .,�..,,r.,.,_..,.w. i�
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