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200203052
<br />20, SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Dead of Trust shall be considered and bo effective as a financing
<br />statement antl a fixture filing pasuam to the provisions of the Uniform Commercial Code (as adopted in the state where the real property is
<br />located) covering fixtures, chattels, and articles of pesonal property now Awned or hereafter attached to or to be used In connection with the
<br />Puberty together n replacements and atns r (the rul f a giants security
<br />interest in such Chattels The debtoathe Grant., d scibedabove This Deed of Trust will be eec[ve as af aning statement filed as
<br />fixture filing with respect o all fixtures included within said promises and is to be filed for record in the real estate records of each county where
<br />any part of said premises (including said fixtures) is situated. This Deed of Trust shall also be effective as a financing statement covering any
<br />other premises and may be filed in any other appropriate tiling or recording office. A carbon, photographic or other .production of this Deed of
<br />Trust or of any financing statement relating to this Deed of Trust shall be sufficient as a financing statement far any of the purposes referred to
<br />In this Paragraph. The secured party is the Lender described above. Upon demand, Grantor shall make, execute and deliver such security
<br />to rLand., . term
<br />secusitya;olerest in the Chattels, ntl upon Grantor's Lfailure tondo time may
<br />Lender learn
<br />s authorzedrt or sign ,any each ., eamantaea
<br />or tM1l agent of O the Grantor. Grantor hereby time„ without the �pr epare nof aGrantor.statement. rantor a such
<br />l. however, a[fined time upon request ofalLander, sign Code) is such financing statements. Grantor will pay all filing fees for the filing of such financing statements and or the efiling thereof at the times
<br />requiretl, in the ,pinion of Lentler, by said Unit Commercial Code. If he lien of this Deed of Trust be subject to any security agreement
<br />vned, the Chattels then in [he event of any default under this Dead of Trust all the right title and interest of Grantor In and to any and all of
<br />the Cdttels is hereby, assigned to Lander, together with the benefit of any deposits or poymonts now or meaner made thereof by Grantor or
<br />the pred.ra.s.ra or successor In title of Grantor in the Property.
<br />21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lander, at Lender's option, may expend funs linclutling ."nays' fees and be taken demand, Grantor G renter shall farm
<br />anded any reimburse aLender far all such amounts expended by Lenderrt getherfwith merest thereon aat the lower of Upon
<br />highest rate described in any Obligation or the highest rate allowed by law from the data of payment until the date Of reimbursement. These
<br />sums shall be included in the definition of Obligations herein and shall be secured by the beneficial Interest granted herein. If m [ Grantor to pat
<br />paid after the beginning of publication of notice Of sale, as herein provided, or in the ev'efe o provided. than, Grantor shall hallll pay on demand all
<br />any part of the Obligations after the beginning at publication of notice of sale, as
<br />expenses incurred by the Trustee and Lander in connection with said publication, rusts elf reasonable attorneys' teas n the attorneys for the
<br />Trustee and for the Lender, and a reasonable fee to the Trustee, and this Oeetl of Trust shall be security for all such expenses antl fees.
<br />22. APPLICATION OF PAYMENTS. The Trustee shall apply the proceeds of the trustee's sale, first, to he coats and expenses of exercising the
<br />power of sale and of the sale, including the payment of the Trustee's fees actually incurred not to exceed the amount whmh may be provided far
<br />in the Dead of Tidal, second, to payment of the corder., h, person or persons y the Dead of
<br />.Trust, theeleo the payment of junior deeds of trust,
<br />mortgages or other lienholders, and the balance, if any,
<br />23. POWER OF ATTORNEY. Grantor hereby appoints Lender as its anoLander shallibea entitled, but not required, to instruments
<br />any action or
<br />documents pertaining to the Obligations or Deed of. Trust. In addition,
<br />of such documents shall required
<br />ot rreleve Grantor from any Obligation or cure any default under. his LDeadrOf Taus[. Allapowe s Of attorney described
<br />in this Dead of Trust are coupled with an interest and are irrevocable.
<br />24. SUBROGATION OF LENDER. Lender shall be submgated to the rights of the holder of any previous lien, security interest or encumbrance
<br />discharged with lands advanced by Lander regardless of whether these hens, security interests Or other encumbrances have been released of
<br />record.
<br />25. COLLECTION COSTS. To the extent permitted by law, Grantor gees to pay Lender's reasonable fees and costs, bar o inq, but not limited
<br />to, fees and costs of attorneys and other age Incu(including e by without
<br />contacting any amalemou6 m shedding tenyarighthat remedy under this Deed
<br />or agent is' n employee of Lentler, which
<br />of Trust whether or not soft is brought including, but not limited [o, all fees and costs incurred on appeal, In bankruptcy, end for pstyu groan
<br />collection actions.
<br />26. PARTIAL RELEASE. Lander may release its interest In a ponied of the Property by executing and recording one or mere Partial Deeds of
<br />sgeled ny of a ioteres[f in Property (excepthas squired end., Paragraph 36 ortas due, beg otherwise shall be deemed by swl, norllshall Lander be its interest in
<br />obligLed to el ease any part of the Property it Grantor is In default under this Deed 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 Raconveyance.
<br />st
<br />27. MODIFICATION AND WAIVER. The modification or waiver of any of Grantor's Obligations or Lender's rights under this
<br />s exercise any m Its
<br />be contained in a writing signed by Lender. Lender may perform any of Borrower's or Grantor's Obligations, y
<br />rights or accept payments from Grantor ar 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 If Lender
<br />amends, compromises, exchanges, fads to exercise, impairs or releases any of the Obligations belonging to any Grantor, 9grrower or third party Gri
<br />of the Obligations sshall not be doemnedra waiver and r Lander shell have ythe right at time thereafter to insist )upon strict performance.
<br />of any
<br />28. SUBSTITUTE TRUSTEE; TRUSTEE LIABILITY; COMPENSATION. In case of the death, inability, refuse act or absence of the Trustee
<br />from the state where the real property is located or In case the holder of the Obligations shall desire for an son to remove the Trustee or any
<br />substitute trustee as trustee hereunder and to appolot a new [rest.. in his place and stead the holtlerhentappoirnta0. becomearauccassoratof all
<br />power to appaint in writing a substitute trustee far slid Trustee, and the substitute trustee shall, w
<br />Lights of Trustee hereunder and the same shall become vested in him fur the purposes and objects of this Deed of Trust with all the power,
<br />duties and obligations heroin conferred on the Trustee. Trustee shall not be liable for any error of judgment or act done by Trustee, or be
<br />otherwise responsible or accountable under any circumstances whatsoever. Trustee hall not be personally liable in case of entry by It or
<br />anyone acting by virtue of the powers heroin granted it upon the Deed of Trust for debts contracted or liability or damages incurred in the
<br />management or or of said premises. Trustee shall have the right to rely on any instrument, document ar signature authorising or
<br />supporting any action taken or proposed to Up taken by I[ hereunder or believed by it in gadd oilh to be genuine. Trustee shalt be entitled t
<br />reimbursement for expenses incurred by it in the performance of its duties hereunder and to reasonable compensation for such of its services
<br />hereunder as shall be rendered. Grantor will, from time to time, pay compensation due Trustee hereunder and reimburse Trustee far and save
<br />antl hold It harmless from and all any and ell bas, cast, liability. damage and expense whatsoever incurred by It in the performance Of Its
<br />dories.
<br />All moneys received by Traded shall, until used or applied as heroin provided be hard 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 b jowl and Trustee shell 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, Islas as and de V15088.
<br />30. NOTICES. Except as otherwise required by law, any notice or other communication to be provided under this Deetl of Trust shall be in
<br />writing and sent to the parties at the addresses described in this Dead of Treat ar such other address as the g parties may designate in writing
<br />from time to time. Any such notice so given and sent by first class mail, postage prepaid shall be deemed en the earlier of three (3) days
<br />after such notice is sent or when received by the person o whom such notice is being given.
<br />31. SEVERABILITY. Whenever possible, each provision of this Deed of Trust shall be interpreted so as to he effective and valid under
<br />applicable state law. If any pmvisien of this Deed of Trust violates the law or is unenforceable, the rest of the Dead of Trust shall cmnida- m
<br />be valid and anfcrreable,
<br />32. APPLICABLE LAW. This Deed of Trust shall be governed by the laws of the sate where the real property is located. Unless applicable law
<br />provides otherwise, Grantor consents to the N i.distion and yonder of any court selected by Lender, In its sole discretion, located in that state.
<br />33. MISCELLANEOUS. Grantor antl Lender agree that time Is of the essence. Grantor waives presentment, demand for P 9 ment, notice of
<br />dishonor and protest except as required by law. All references to Grantor in this Deed of Trust n
<br />st shall include all persons signing below. If there
<br />is more than one Grantor, [heir Obligations shall be joint and several. This Dead of Trust represents the complete integrated understanding
<br />between Grantor antl Lender pertaining to the terms and conditions hereof.
<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 Lander are intended solely for to benefit of Lender, and no third antler's shall solbe entitilleed to assume or expect that
<br />Lender will not waive or consent to the modification of any provision of this Deed Of Trust, in
<br />Prize 4 W 6
<br />NfnaTa lHPlflev. l/98
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