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200202096
<br />20. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deetl of Trust shall be cansideretl and be toObve as a financing
<br />statement entl a bxture filing pureuam to the provisions of [he Uniform Cammeno I COtle lea adopted in the state where the real propenY is
<br />I...Inci covering fixtures, ther al., end articles of ,arsenal property now awned or hereafter attached to or t0 be used in connection with the
<br />Property together with any and all replacements thereof antl additions there[. Ithe 'Chattel. -), antl Grantor beret no Lender a security
<br />'merest in such Chattels. Tha debtor is the enenor described above. This Deed of Trust will be effective estate a financing each coufiled as a
<br />fixture filing wi[M1 respect to all fixtures includetl within said premise. antl is t0 be filed for record in the real estate records of each county wbry
<br />any part of said premises IinclUtlinB said fixtures) is situatatl. This Deed of Trust shall also be effective as a financing .dement covering any
<br />other premises and may be filetl in any Otbr epyropriate filing or recording office. A carbon, ithotaBr leave , othon reproduction cdrp purposes o Deed of
<br />Trust or of any financing statement ralahnB o this Deetl of Trust still be sufficient as a financing statement t.r any of the purposes referred o
<br />in his Paragraph. The securetl party is the Lender doscribd above. Upon demand, Grantor shall make, execute entl deliver such security
<br />agreements lea such term is co ined in said Uniform Commercial Cotlel as Lender at any tie L ntlertlee utho zed m cigo enY each grant
<br />o Lender a pertectetl security interest In the Chattels, and upon Grantor's failure to d0 so,
<br />the aflent .f Granor. Grantor hereby authorizes Lentler to file financing stater" (a. such term is ad fined in said Uniform Commecde , sign
<br />with respect to the Chattels, a[ any time, without the signature Of Grants. Granter will, however, et any time upon request of Lentler, sign
<br />such financing statements. Granter will pay all filing fees for the filing of such financing statements antl fs the raffling thereof at the times
<br />required in the opinion of Lender, by said Uniform Commercial Code. 11 the lien .f this Dead of Trwl ba subject [o any security aBraement
<br />covering the Chattels, then In the avant of any default under this Deed of Trust, all the right, title and interest of Grantor in and to any and all of
<br />the Cbttels is hereby aeaigned o Lentler, together with the benefit of any deposits or payments new Or hereafter made thereof by Grantor or
<br />the predecessors Or successor. in title of Granor in the Property.
<br />21. REIMBURSEMENT OF AMOUNTS FJIPENDED BY LENDER. Lender, at Lantler's option, may expend funds (including attorneys' teas and
<br />legal expenses) o perform any of requiretl t0 be taken by Grantor or to ezerciee any right Or rematly of Lender antler this Dead of Trust. Open
<br />demand, Granter shall immediately reimburse Lentler far all such amounts expended by Lander together with interest thereon at the lower of the
<br />highest rate tleacob. in any Obligation or the M1igbest rate allowed by law from the date Of payment until tb date ei reimbursement. These
<br />sums shall be included in the debnition of ObliBetions herein antl shall be securetl by the beneficial Interest granted herein. If
<br />ermit Gbeamrrto pay
<br />paid after the beginning 0f publication .. notice of sale, as herein provitled or in the event Lander shall, at its Granted shalpl a 0r, d.m.nd all he
<br />any part of the Obligations after the beginning of publiw[ ion of notice of sala. askid,n lnrears^ able attorneys' fees to the attorneys for the
<br />expense. incurred by the Trustee and Lentler in connection with said publication, g
<br />Trustee and for the Le older, and a reasonable fee to the Trustee, and this Dead of Trust shall b security for all such expenses and fans.
<br />22. APPLICATION OF PAYMENTS. Th. Trustee shall apply the proceeds 01 the OU5.1 e's'ale, first, to the coats end expenses of exercising the
<br />power Of sale and Of the sale, including the payment of the Trustee's tees actually Incurred not to exceed the amount which may be provided for
<br />in the Dead Of Trust, second, t0 payment of the Obligation secured by the Deed of Trust, third to the payment of junior tlaeda of trust,
<br />mortgages or other lienholdere, and the balance, if any, to the person or persona legally entitled thereto.
<br />23. POWER OF ATTORNEY. Grantor hereby appoints Lender as its attorney- in-fac[ to endorse Grantor's name on ell instruments and other
<br />documents pertaining to the Obligations or Deed Of Trust. In addition, Lander shall be entitled, but not reamed. such action r action Of
<br />execute any document required to he taken or executed by Grantor under this Dead of Treat. Lender's per
<br />Of such documents shall net relieve Grantor from any Obligation Or cure any default under this Deed of Trust. All powers of attorney described
<br />in this Dead of Trust are coupled with an interest and era irrevocable.
<br />24. SUBROGATION OF LENDER. Lender shall be subragated to the rights of the holder of any previous lien, security interest or alwumhran.
<br />discharged with fund. advanced by Lender regardless of Whether these liens, security interest. or ether encumber,... have been released of
<br />,.card.
<br />25. COLLECTION COSTS. To the extent permitted by law, Grantor agrees to pay Lender's reasonable fees and costa, including, but not limited
<br />10, fees and .Oats Of attorneys and other agents pncludiny without limitation paralegals, clerks and consultants), whether Or not .uch attorney
<br />or agent is an employee of Lender, Which are incurred by `ender in collecting any amount due or enforcing any right or remedy Under this Deed
<br />of Trust, whether Or not suit is brought, including, but not limited to, all fee. and costs incurred on appeal, in bankruptcy, and for post- judgment
<br />collection actions.
<br />28. PARTIAL RELEASE. Lender may release Its interest In a portion of the Property by executing and recording one Or more Partial Deeds of
<br />Reconveyance without affecting its interest In the remaining portion of the Property. Nothing herein shall be deemed to obligate Lender to
<br />release any of its interest in the Property (except as required under Paragraph 38 or es may be Otherwise required by law), nor shall Lentler b
<br />Obligated to release any part of the Property if Grantor is in default under this Dead of Trust. The lien and security interest created by the Deed
<br />of Trust remain in effect with respect to that portion Of the property, as defined in the Dead of Trust, that is not the subject of this or any Partial
<br />Deed of R ... nveyancs.
<br />27. MODIFICATION AND WAIVER. The modification Or waiver of any Of Grantor's Obligations or Lender's rights under this Dead Of Trust must
<br />be contained in a writing signed by Lender. Lender may perform any of Borrower's Or Grantor's Obligations, delay or fail to exercise any of its
<br />rights or accept payments from Grantor or anyone Other than Grantor without causing a waiver of those Obligations Or rights. A Waiver on one
<br />occasion shall not constitute a waiver on any other occasion. Grantor's Obligations under this Dead of Trust shall not be affected t if party
<br />amends, compromises, exchanges, falls to exercise, impairs or releases any of the Obligations belonging to any Grantor Lender's failure to insist upon
<br />of the Dbl gations6shall not beydeemedra Borrower
<br />aiver and Lender shall have the right tpanyytime thereafter to insist upon strictrpePerformance a of any
<br />28. SUBSTITUTE TRUSTEE; TRUSTEE LABILITY; COMPENSATION. In case of the death, - ability, refusal to act or absence Of the Trustee
<br />from the state where the real property is located or in case the holder of the Obligationa shall desire for any reason o remove the Trustee Or any
<br />substitute trustee a' trustee hereunder and t0 appoint a new trustaend the elubs[tMe4t ustee sshall, Wider when the
<br />appo nted, becomeefsuccessor granted
<br />tofull
<br />all
<br />power t0 appoint in writing a substitute trustee for said Trustee, a
<br />'ghts of Trustee hereunder and the same shall become vested in him for the pu poses antl objects of this Dead Of Trust with all the pow be
<br />duties and obligations herein conferred an the Trustee. Trustee at 11 not be liable for any error 01 judgment is act done by Trustee,
<br />otherwise responsible Or accountable under any circumstances whatsoever. Trustee shall not be personally liable in case of entry by it or
<br />anyone acting by virtue of the power. herein granted it upon the Deed of Trust for debts contracted or liability or tlemages incurred In the
<br />management or operation of said premises. Trustee shall have the right to rely on any Instrument, document or signature authorizing .r
<br />supporting any action taken Or proposed to be taken by it hereunder Or believed by it in goad faith to be genuine. Trustee shell b entitled to
<br />reimbursement for expenses incurred by It in the performance of its duties hereunder and to reasonable compensation far such of Its services
<br />hereunder as shall be rendered. Granter will, from time to time, pay compensation due Trustee hereunder and reimburse Trustee for and $ave
<br />and held it harmless from and against any and all loss, coat, liability, damage antl 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 for which they were received,
<br />but need not be segregated in any manner from any other moneys (except to the extent required by law) and T...1.0 shall be under no liability
<br />for interest on any moneys received by it hereunder.
<br />29. SUCCESSORS AND ASSIGNS. This Deed Of Trust shall be binding upon and inure to the benefit of Grantor and Lender and their respective
<br />successors, assigns, trustees, receivers, administrators, personal representatives, legatees and devisees.
<br />30. NOTICES. Except as otherwise required by law, any notice or Other communication to be provided under this Dead of Trust shall be in
<br />writing and sent to the parties at the addresses described in this Dead Of Trust or such other address as the parties may designate in writing
<br />from time to time. Any such notice so given antl sent by first class mail, postage prepaid, shall be deemed given the ..,liar of three (3) days
<br />after such notice is bent 0r When received by the person to whom such notice is being given.
<br />31. SEVERABILITY. Whenever possible, each prevision of this Dead Of Trust shall be interpreted so as to be effective and valid under
<br />applicable state 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
<br />be valid and enforceable. be
<br />pro APPLICABLE LAW. Trust jurisldctionvand venue the laws Of of any court selected by Lender, in property disclretion, located Unless applicable
<br />solo law
<br />provides otherwise,
<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 Dead of Trust shall include all persons signing below. If there
<br />is more than one Grantor, their Obligations shall be joint and several. This Deed of Trust represents the complete integrated understanding
<br />between Grantor and Lender pertaining to the terms and conditions hereof.
<br />34. NO THIRD PARTY RIGHTS. No parson 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 laver .f Lander are intended solely for the benefit of Lender, and no third party shall be entitled to assume or expect that
<br />Lender will
<br />not waive or consent to the modification of any provision OI this Deed of Trust, in Lentler's sots discretion.
<br />Pepe 4.18
<br />secure lnPl sets. 1198
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