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200202884 20. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE, This Dead of Trust shall id consifferetl entl be effective as a financing it and a fixture filing pursuant m the Provisions of the Uniform Commmcial Code las atlop,ad in the state where the real property is locatetl) covering fixtures, che"aI" and articles of personal property now owned or hereafter attached to or to be used in connection with the Property together with any and ell replacements thereof antl additions thereto (the "Chattels'), and Grantor hereb•„ grants Lender a security m[ereat in such Chattels. The debtor is the Grantor described above. This Deed of Trust will be effective as a financing statement filed as a fixture filing with respect to all lixtures included within said premises and is to be filed for record in the real estate recortls Of each county where any part of saitl premises Ilncluding said fixTores)is situated. This Dead of Trust Shall also be effective es a financing statement covering any other premises and may be filetl in any ether appropriate filing or recording office, A carbon, photographic or other reproduction of this Dead of Trust or of any financing slatement relating [o [his Deud of Trust shall be sufficient as a financing statement fur any of the purposes referred to in [his Paragraph. The secured party Is the Lender deacribetl above. Upon demand, Grantor shall make, execute and calla., such security agreements l'a such form is defined in said Uniform Commerdis Codo) as Lender at any time may clean necessary or Proper or requited to grant to Lender a perfected security Interest in the Chattels, and Won Grantor's failure to do so, Lender is authorized to sign any such agreement as [he Dgem of Grantor. Grantor hereby authorizes Lender m file financing statements las such term is defined in said Uniform Commercial Code) with respect a the Chattels, re any time, without the signature of Grantor. Grantor will, however, at any lime upon request of Lender, sign unM1 financing seemene. Grantor will pay all filing fees for Ina filing of such financing statements and for the telling thereof at the times required, in the opinion of Lentler, by said Uniform Commercial Code. It the lien of this Dead of 'Trust be subject to any security agreement overing the Chattels, then in the even of any default under this Dead of Trust, all the right, title and interest of Grantor in and to any and all of the Chattels is hereby assigned to Lender, together with the benefit of any deposits or payments now or hereafter made thereof by Grantor a, the predecessors or successors In title of Grantor in the Property. 21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender, at Lender's option, may expend funds (including attorneys' fees and legal expensesl to perform any act required to be taken by Grantor or to exercise any right or remedy of Lender under this Deed Of Trust Upon demand Grantor shall immediately reimburse Lender for all such amounts expanded by Lender together with interest thereon at the lower of the highest rate described in any Obligation or the highest rate allowed by law from the date of payment until the date of reimbursement These sums shall be included in the definition of Obligations herein and shall be secured by the beneficial Interest granted herein. If the Obligations are paid after the beginning of publication of notice of sale, as herein provided or In the event Lender shall, at its sale option, permit Grantor to pay any part of Ina Obligations after the beginning of Puubsa me of notice of sale, as harem provided, then. Grantor shall pay on demand all expenses incurred by the Trustee a reasonable tee to the Trust a antl tthisuDeedtiof Trust shall be security for all fees to expenses and fees for She Tnl6laa and for [nC LBndeq 0 e 22. APPLICATION OF PAYMENTS. The Trustee shall apply the proceeds of the trustee's sale, first to the costs and expenses of exercising the power of sale and of the sale, including the payment of the Trustee's fees actually incurred not to exceed the amount which may be provided for in the Deed of Trust, second, to payment of the obligation secured by the Deed of Trust, third, to the payment of junior deeds of trust, mortgages or other lienholders, and the balance, if any, to the person or persons legally entitled thereto. 23. POWER OF ATTORNEY. Grantor batch, appoints Lender as its attorney -in -tact to endorse Grantor's name on all instruments and other documents pertaining to the Obligations or Deed of Trust. In addition, Lender Shall be entitled, but not required, to perform any action or execute any document required to Us taken or executed by Grantor under This Deed of Trust Lender's performance of such action or execution of such documents shall not relieve Grantor from any Obligation or cure any default under this Deed of Trust All powers of attorney described in this Deed of Trust are coupled with an interest and are irrevocable. 24. SUBROGATION OF LENDER. Lender shall be subragated to the rights of the holder of any previous lien, security interest or encumbrance discharged with funds advanced by Lender regardless of whether these liens, security Interests or other encumbrances have been released of record. 26. COLLECTION COSTS. To the extent permitted by law, Grantor agrees to pay Lender's reasonable fees and costs, Including, our not limited to, lees and costs of attorneys and other agents (including without limitation paralegals, clerks and consultants), whether or not such attorney or agent is an employee 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 suit Is brought, including, but not limited to, all fees and costs Incurred on appeal, in bankruptcy, and for post- judgment Collection actions, 26. PARTIAL RELEASE. Lender may release its interest in a portion of the Property by executing and recording one or more Partial Deeds of Reconveyance without affecting its interest in its remaining portion of the Property. Nothing herein shall be deemed to obligate Lender An release any of its Interest in the Property laxcept as required under Paragraph 3B or as may be otherwise required by law), nor shall Lender be obligated to release any Par[ of the Property if Grantor is is default untler this Dead of Trust. The lien and security interest created by the Deed of )'rust remain in effect with respect to 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. 27. MODIFICATION AND WAIVER, The Trotlificoodir or waiver of any of Grantor's Obligations or Lender's rights under this Deed of Trust most 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 rights Or accept Payments from Grantor or anyone uther Than Grantor without causing a ai er of those Obligations or rights. A waiver n one occasion shall not constitute 0 waiver on any other oceas'ion. Grantor's Obligations under this Dead of Trust shall not be affected it Lender amends, compromises, exchanges, toils to exercise, impairs or releases any of the Obligations belonging to any Grantor, Borrower or third party of the If the Obligations sshallin t beydeemed Grantor, waiver antl enderr shall haveythe right t Property, ntime thereafter failure to Insist upon strict performance. of any 28. SUBSTITUTE TRUSTEE; TRUSTEE LIABILITY; COMPENSATION. In case of the death, 'nability, refusal to act or absence of the Trustee Iron, the 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 trustee hereunder and to appoint a new trustee in his place and stead the halder of the Obligations is hereby granted full power to appoint in writing a substitute trustee for said Trustee, and [he Substitute trustee shall, when appointed, become successor to all rights of Trustee hereunder and the same shall become vested in him for the purpose, doff objects of this Deed of Trust with all the power, duties and obligations herein contorted on the Trustee. Trustee shall not be liable for any error of judgment or at done by Trustee, or be otherwise responsible or accountable under any circumstances whatsoever, Trustee shall not be personally liable in case of entry by it or anyone acting by virtue of the powers herein granted it upon lire Deed of Trust for debts contracted or liability or damages incurred in the management or operation of said premises. Trustee shall have the right to rely on any Instrument, document or signature authorizing or suVpertleg any action taken or proposed To be taken by it hereunder or believed by It in good faith a be genuine. Trustee shall be entitled to reimbursement fur expenses incurred by it in the performance of Its duties hereunder and to reasonable compensation for such of its services hereunder as shall be rendered. Grantor will, from time to time, pay compensation due Trustee hereunder and reimburse Trustee for and save and hold it harmless from and against any and all loss, cost liability, dereogo and expense whatsoever incurred by It in the performance of its tluties. All ra n rya received by Trustee shall, until sad or applied as herein provided, be held In trust for the purposes for which they were received but need not be sogregated in any manner from any other moneys (except to the extent required by law) and Trustee shall be under no liability for interest on any moneys received by it hereunder. 28. SUCCESSORS AND ASSIGNS, This Deed of Trust shall be binding upon antl inure to the benefit of Grantor and Lender and their respective Successors, assigns, trustees, receivers, administrators, personal representatives, legatees and devisees. 30. NOTICES. Except as otherwise required by law, any notice or other communication to be provided under this Deed of Trust shall bit in 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 from time to time. Any such notice So given and sent by first class mail, postage prepaid, shall be deemed given the earlier of three 131 days after such notice Is' sent or when received by the person to whom such notice is being given. 31. SEVERABILITY. Whenever possible, eacM1 Prevision of this Deed of Trust shall be interpreted so as to be effective and valid under applicable state law. If any provision of this Deed of Trust violates the law or is unenfoceeble, the rest of the Deed of Trust shall continue to be valid and enforceable. 32. APPLICABLE LAW, This Deed of Trust shall be governed by the laws of the slate where file real property is locatetl. Unless applicable law provides otherwise, Grantor consents to file jurisdiction and venue of any court selected by Lender, in its sole discretion, located in that state. 33. MISCELLANEOUS. Grantor and Lender agree that time is of the essence. Grantor waives presentment, demand for payment, notice of 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 Is more than one Granter their Obllflations shall be joint and several. 'This Deed of Trust represents the complete integrated understanding between Grantor and Lender pertaining to the terns and conditions hereof. 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 Deed of Trust in favor of Lender are intended solely for the benefit of Lender, and no third party shall be entitled to assume or expect that Lender will not waive or consent to the modification of any provision of this Deed of Trust, in Lender's sole discretion. Iconic mvl sea_ 1118 Iran a of e