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20. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effective as a financing statement and a hxturu fong pursuant to the provisons of the Uniform Cpmmantal Code as adopted in the slate where the sea property Is located) covering fixtures, chattels, and articles of personal property now owned or hereafter attached to or to be Used in connection with the Property together with any and all replacements thereof and additions thereto hire 'Chateie9, and Grantor hereby grants Lander a security interest 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 fixtures included within said premse* and Is to be flied for record in the real estate records of each county where any part of said premises )including said fixtures) is situated. This Deed of Trust shall also be effective as a financing statement covering any other premises and may be filed in any other appropriate filing or recording office. A carbon, photographic or other reproduction of this Dead of Trost or of any financing statemenT. relating to this Dead of Trust shell be sufficient as a financing statement but any of the purposes referred to in this Paragraph. The secured party is the Lender described above. Upon demand, Grantor shall make, execute and deliver such security agreements put inch term eis defined in said Uniform Commercial Code) as Lender at any time may deem necessary or proper or required to grant to Lender a perfected security Interest in the Chattels, and upon Grantor 'a failure to do so, Lender Is authorized to sign any such agreement as the agent of Grantor. Grantor hereby authorizes Lender to file financing statements (as such term Is defined In said Uniform Commercial Code) with respect to the Chattels, at any time, without the signature of Grantor. Grantor will, however, at any time upon request of Lender, sign such financing s'tetmnontS. Grantor will pay all filing fees for the filing of such financing statements and for the refilling thereof at the times required, In the opinion of -xmi by sail Ondurm Can mtemial Code. If the lien of this Dead of Trust be subject to any security agreement covering the Chattels, then In the event of any default under this Deed of Trust, all the right, title and interest of Grantor in and to any and all of the Chattels is hereby assigned to Lendar, together with the benefit of any deposits or payments now or member made thereof by Grantor or the predecessors or successors in Title of Grantor in the Property. 21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender, at Larva a option, may expend funds I'mclumng attorneys' fees and legal expanses) to Peron, any out 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 expended 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 sholl be - eluded In lbe 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, al its sole option, permit Grantor to pay any part of the obligations after the beginning of publication of notice of sale, as herein provided, than, Grantor snail pay on demand all xpenses inc mmd by the Trustee and Lender in connection with said publication, Including reasonable attorneys' fees to the attorneys for the Trustee and for the Lender, and a reasonable fee to the Trustee, and this Deed of Trust shall be security for all such expenses and fees. 22. APPLICATION OF PAYMENTS, The Trustee shall apply the proceeds of the trustee's sine, 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 Dead of Trust, second, to payment of the obligation secured by the Deed of Trust, third, to the payment of junior dead* of trust, mortgages or other lienholders, and the balance. if any, to the person or persons legally entitled thereto. 23. POWER OF ATTORNEY. Grantor hereby appoints Lender as its attorney -infact to endorse Grantor's name on all instruments and other documents pertaining to the Obligations or Dead of Trust. In addition, Lender shall be entitled, but not required, to perform any action or execute any document required to be 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. Lander shall be surrogated 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. 25. COLLECTION COS IFS. To the extent permitted by law, Grantor agrees to pay Lender's reasonable fees and costs, including, but not limited to fees and coats of attorneys and ether 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 pastyudgment collecbpn actions. 26. PARTIAL RELEASE. Lender may release its ' mterest in a portion of the Property by executing and recording one or more Partial Deeds of Rleonveyance wd,put affecting its interest In the remaining portion of Abu Property. Nothing herein shall be deemed to obligate Lander to se 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 obi ig good to release any part of the Property if Grantor is in default under this Deed of Trust. The lien and security interest created by the Dead of Trust remain in effect with respect W that portion of the property, as defined in the Deed of Trust, that is not the subject of this or any Partial Decd of Ricomme ,mi 27. MODIFICATION AND WAIVER. The modification or waiver of any of Grantor's Obligations or Lender's rights under this Deed of Trust must be contained In a writing signed by Lender. Lender may perform any of Borrower's or Grantor's Obligations, delay or tali to exrnclse any of Its rights or accept payments from Grantor or anyone other than Grantor without causing a waiver of those Obligations o rights. A waiver on one occasion shall nor .mines. s waiver on any other occasion. Grantor's Obligations under this Deed of Trust shall not Up affected if Lender ends, contpromens, exchanges, fails to exercise, impairs or releases any of the Obligations belonging to any Grantor, Borrower or third party or any of its rights against any Grantor, Borrower or third party or any of the Property. Landei s failure to insist upon strict performance of any of the Obligations shall not be deemed a waiver and Lender shell have the right at any time thereafter to Insist upon strict performance. 28. SUBSTITUTE TRUSTEE; TRUSTEE LIABILITY; COMPENSATION. In case of the death, Inability, refusal to act or absence of the Trustee from the state where the real property is located ar In case the holder of the Obligations shall desire for any reason to remove the Trustee or any rohstitute trustee as trustee hereunder and to appoint a new trustee in his piece and stead, the holder of the Obligations is botchy granted full power to appoint If writing o substitute trustee for said Trustee, and the substitute trustee shall, when appointed, become successor to ell rights of Trustee hereunder and the same shell become vested in him for the purposes and objects of this Deed of Trust with all the power, duties and obligation* hereon conferred on the Trustee. Trustee shall not be liable for any error of judgment or act done by Trustee, or be otherwise responsible or accountable under any circumstances whatsoever. Trustee shall not be personally liable in case of entry by a or anyone uoting by virtue of the powers herein granted it upon the 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 supporting any action taken or proposed to be taken by It hereunder or believed by II In good faith to be genuine. Trustee shall be entitled to reimbursement for 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 cpmpmentien due Treater hereunder and reimburse Trustee our and save and bold It heroics* hem and against any and all loss, cost, liability, damage and expense whatsoever incurred by it in the performance of its duties. All moneys revolved by Trustee shall, until used or applied as herein provided, be held In trust for the purposes for which they Were received, but need not be segregated in any manner from any other moneys (except to the extent required by lawl and Trustee shell be under no liability for rrourest no any inure, ooit iyed by it hereunder. 29. SUCCESSORS AND ASSIGNS. This Deed of Trust shall be binding upon and inure to the benefit of Granter and Lender and their respective atle CesSprs, assigns, trustees, receivers, adre tills people patsepal repereel ta11Ve6, legatees and dev)saes. 30. NOTICES. Except as otherwise required by law, any notice of other communication to be provided under this Deed of Trust shall be In writing and sent to the parties at the addresses described In this Dead of Trust or uch other address as the parties may designate n 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 (3) days after such notice is sent or when received by the person to whom such notice is being given. 31. SEVERABILITY. Whenever possible, each provision of this Dead 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 unenforceable, the real of the Deed of Trost shall conlirue to be valid and enforceable. 32. APPLICABLE LAW. THIS Dead of Trust shall be governed by the laws at the state where the real property Is located. Unless applicable law provides o[rprwisv, Goremr vo.ei to the jurisdiction and venue of any court selected by Lender, in its sole discretion, located in that state. 33. MISCELLANEOUS. Grantor sort Lender agree that time is of the essence. Grantor waives presentment, demand for payment, notice of dishonor and protest except as required by few. All reforances to Grantor In this Deed of Trust shall include all persons signing below. If there mom than one Grantor, their Obligations shall be joint and several. This Deed of Trust represents the complete Integrated understanding between Grantor and Lender pertaining to the terms and conditions hereof 34. NO THIRD PARTY RIGHTS. No person I* 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 convent to the modification of any provision of this Dead of Treat, in Lender's solo doemad e. .11011' Toll eau L9e 'll, f6