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200201835
<br />20. BECURIT'! INTEREST UNDER THE UNIFORM COMMERCIAL GODS. This Dead of Trust shall be considered and be effective as a financing
<br />statement antl a fixture filmy pursuant [o the provisions o! he Uniform Commercial Cdde has adopted in the state where the real property Is
<br />located) covering fistulas, chattels, and articles of personal ..°party new Owned Or hereafter attacntldGrentorrhereby grants Lender a sa arty
<br />Preperty together with Any end all replacements hereof and additions thamto fine "Chattels "), a
<br />tioust in such Chattels. The debtor is the Grantor described above. This Deed of Trust will be effective as a financing statement filed as e
<br />fixture filing with respect to all fixtures altl included lds ie lsitued premises and is ot Trust ied loaeonba effective as atfinancingdstatement covering any
<br />o
<br />any part of said premises )including a
<br />other premises and may b t filed in any ocher appropriate filing or recording office. A carbon, financing statement t other reproduction of this Dino at
<br />Trust or of anV financing statement resting to this Deed of Trust shell be sufficient as a financing statement for any of the purposes referrer to
<br />in this Paragraph. Tfle securetl party is the Lender described above. Upon demand, Grantor shall make, execute and deliver such security or
<br />agreements has s mh term Is defined in said Uniform Commercial COtlel as Lender er at at any time may deem necessary or proper required
<br />mament
<br />a as
<br />[o Lendr a perfected security interest in the Chattels, antl upon Grantor's failwp to do so, Lender Is authorized to sign y
<br />respond Cod.)
<br />the agent of Granmr. Grantor hereby authgrizes Lentler to file linanciny statamen[s has such term is tltheny n na itlpoUn irequest rtI Lender, ar,n
<br />with aspect to the Chattels, at any time, without the signature of Grantor. Grantor will, M1owever, a u °
<br />such financing steteinents. GrantOh wseitl U Iforms COmmeraialM1COtlenglt fuse Beni otrthisg Deed f TIOSL bet 9°bl ct LfOIIB Vt seCllf
<br />fly tagreement
<br />required In the opinion of Lender, Y and
<br />ha Cha to s Chhereby thengnd me LenJaq tngetherult rl itlhn[heneft or a Vr tlepgeitshor pavmantsanow ter hereof er metle hereof y byG Grantor of
<br />the predecessors or successors in title of Grantor in the Property O
<br />21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lentler, at Lender's option, may expentl funds (including attorneys' fees and
<br />egal expenses) to perform any act required t be'.akan by Grantor or [o exercise any right Or remedy Of Lendor under [his Deetl of Trust. Upon
<br />demand, Granmr shall immediately reimburse Lender for all such amounts expended by Lender together with interest thereon at the (ewer of the
<br />sumssshall be emluded tin the actin [fain of Obl galfunsshereie and shallbbel secured by the beast dial ntere9t[grant d Obligations
<br />ran LioThese
<br />s a e
<br />peitl after the beginning of publication of notice of sale, as herein provided, or in the event Lentler shall, at its sale option, permit
<br />Grantor to pay
<br />any part Of the n.....iots after the beginning of publication of notice of sale, as herein provided, Then, Granfor shall pay On demand all
<br />tee arid I Tm stae antl urr[he LanlderT antl a reasonable foe to the Trusteelt and lfiipublication,
<br />Deed lof Trust shale be seventy far o 11 suchfexpenseseand fear.
<br />far the attorneys
<br />22. APPLICATION OF PAYMENTS. utliny Trustee t oof l aPiel Trustee's fees actually, incurred tint m first, to The exceed he am IT wMchsmay be provided far
<br />power of sale and of the sale, in payment :° the pa nett i junior deeds of trust.
<br />ui the Deed of Trust, second, to payment of the obligation secured by the Deed of Trust, third, Yr o 1
<br />mortgages or other jumbolders, and the balance, if any, to the person or persons legally entitled thereto.
<br />23. POWER OF ATTORNEY. Grantor hereby appoints Lender as its attorney -in -fact to endorse Grantor's name on all instruments and Other
<br />documents pertaining t° the Obligations or Deed of Trust. In addition, Lender shall be entitled, but not required, t° perform any action or
<br />of such tloeuments shall not relieve be token or Grantor from any obligation °r cure any Deed of Trust.
<br />under [hisLDeadrof performance mAll powerscof atti°rney described
<br />In this Deed of Trust are coupled with an interest and are irrevocable.
<br />T4. SUBROGATION OF LENDER Lefler shall bo subrrigated to the rights of the holder of any previous lien, security interest or encumbrance
<br />i iccharped with funds advanced by Lender regardless of whether these liens, security interests or other encumbrances have been released of
<br />record.
<br />m f
<br />COLLECTION coots of ..me,, and Other permitted aI ndutlrng without agrees
<br />mi[a[iulr paralegadls, clerks reasonable fees whether eady under etch attorney
<br />or agent is an employee of Lender, which are incurred by Lender in call fees and nd costs incurred on appeal is y night or Bernd fort post lutlgmeetl
<br />of Trust, whether or at suit Is brought, Including, but not limited to,
<br />collection actions. of
<br />Raninveyen-e RELEASE Its interest eo he [remaining A portion If the portion of the Property. by Nothing herein shall be deemed t obligate Lender to
<br />release any of its Interest in the Property (except as required under Paragraph 38 or as may be otherwise required by law), nor shall Lender be Deed
<br />Obligated to release any part of the Property if Grantor is ep property, as defined indthe Dead t ofTTrust, that dis security not the isubject ofr this Of any Partial
<br />of Gust remain in effect with respect to that portion of the ro art
<br />Dead of Recgnveyance.
<br />27. MODIFICATION AND WAIVER. The modification or waiver of any of Grantor's Obligations or Lender's rights under this Deed of Trust must
<br />be contained in a writing signed by Lender. Lender may perform ally of Borrower's or Grantor's Obligations, delay or fail to exercise any of its
<br />ocolon shall not aua itue a waiver verr on any other h °cceslon. Grantor Gra Grantor's Obligations under this of of Trust shall notrights. e affected waiver f Lender
<br />amentls, compromises, exchanges, tails to exercise, impairs or releases any of the Obligations belonging to any Grantor, Borrower or third party or third
<br />of he Obligations sshalli not be deemed a waiver atnd Lender•shall have the right at time thereafter to insist iupon sstrictrper performance of any It A
<br />ffrront ttM1 SUBSTITUTE TRUSTEE;
<br />thin (real properTEEs locatetl or n0casa he hollder of the Obligations shall desire for refusal to act
<br />to or
<br />remove the Trustee or any
<br />substitute trustee as trustee hereunder and to appoint a new trustee in his place and stead, the holder of the Obligations is he
<br />granted full
<br />power to appoint Is writing a substitute trustee for said Trustee, and the substitute hustea shall, when appointed become successor to all
<br />rights of Trustee hereunder and the same shall become vested in him for the purposes and objects f of this Deedr ac[ rust with Trustee, power,
<br />duties and obligations herein conferred on he Trustee. Trustee shall not be liable for any error judgment ° or
<br />otherwise responsible or accounted. untler any circumstances whatsoever. Trustee shall not be personally liable in case of entry by It or
<br />anyone acting by virtue of the powers herein grantetl It upon the Deed of Trust for debts contracted document or damages naturei authorizing or or
<br />management or operation of said premises. Trustee shall have the right to rely on any instrument, g
<br />supporting em for action taken
<br />es or ncurred by t in taken °mega of hereunder s duties hereunder and t dreafaith
<br />sonableacompensation forr Trustee such ate Itsrservi es
<br />hereunder as shell be rendered Grantor will, from time to time, pay compensation do Trustee hereunder and reimburse Trustee for and save
<br />and hold It harmless from and against any and all lass, cost, liability, damage and expense whatsoever incurred by It in the performance of its
<br />duties.
<br />All moneys received by Trustee shall, until used or applied as herein provided, be held in trust for the purposes far which they were received,
<br />but t Ound nor r any sage gatud seined by I hereunder. manner other moneys (except to the extant required by law) and Trustee shall be under no liability
<br />for
<br />29. SUCCESSORS AND ASSIGNS. This Dead of Trust shall be binding upon antl more to the benefit of Grantor and Lender and their respective
<br />sbcaeeers, assigns, trustees, receivers, administrators, personal representatives, leg ate es antl devisees.
<br />30. NOTICES. Except as otherwise required by'3w, any notice or other communication to be provided under this Doed of Trust shall be in
<br />waiting and sent m thin parties at the addresses dean bad in this Deed of Trust or such a other address as the parties may er of ( writing
<br />from lins, to flat.
<br />noticed Any or when ice so gi by the person o whom such ail, post being given. shell be deemed given thin earlier of [brae 131 days notice is after
<br />31. SEVERABILITY sent
<br />possible, each provision of this Deed of Trust shall be interpreted so as to he effective mat valid under and
<br />apphe bid state law. If any provision of this Dead of Trust violates the law or is unenforceable, the rest of the Deed
<br />of Trust shall continue to
<br />de valid and enlorceabe.
<br />32. APPLICABLE LAW. This Deed of Trust shall be governed by the laws of the state where the real property Is located. Unless applicable law
<br />provides otherwise, Granter consents to the jurisdiction antl 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 waives presentment, demand for payment. notice Of
<br />dishonor and protest except as required by law. All references to Grantor in this Deed of Trust shall include all persons signing below. If there
<br />Is morn than one Grantor, their Obligations shall be joint and several. This Dead of Trust represents the complete integrated understanding
<br />between Grantor and Lanier pertaining to the tarns and conditions talent.
<br />34. NO THIRD PARTY RIGHTS. No person Is or shall be a third party beneficiary of any provision of this Deed of Trust. All provisions of this
<br />Deed of Trust in favor Of Lender are intended solely for the benefit of Lender, and no third e party's allle discreition to assume or expect that
<br />Lender will not waive or consent to the modification of any provision of this Deed of Trust, 'm
<br />ease a or a
<br />clue I p IIIPI aev. l /ea
<br />
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