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200205693 20. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effective as a financing statement and a fixture filing pursuant to the provisions of the Uniform Commercial Cade (as adopted in the state where the real 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 addition$ thereto (the "Chattels ' Lad Grantor hereby grants Lender a security Interest in such Chattels. The debtor is the Grantor described above. This Deed of Trust will be effective us a financing statement filed so a fixture filing with respect to all fixtures included within said premises and is to he filed for record in the real estate records of each county where any pan 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 tiled in any other appropriate filing or recording office. A carbon, photographic or other reproduction of this Deed of Trust or of any financing statement relating to this Dead of Trust shall be sufficient as a financing statement for any of the purposes referred to in this Paragraph The secured party is the Lender described abave. Upon demand, Grantor shall make, execute and deliver eachd Security agreements la, such term is defined in said Uniform Commercial Code) as Lander at any time may deem necessary or proper or regmre a Bran to Lender a perfected security interest in the Chattels, and upon Grantor's failure to do so, Lander 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 Lentler, sign such financing stoaments. Grantor will pay all filing fees for the filing of such financing statements and for the refiling thereof at the times required, in the opinion of Lander, by said Uniform Commercial Cade. If the lien of this Deed 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 Lander, together with the benefit of any deposits or payments now or hereafter made thereof by Granter or the predecessors or successor. 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 expenses) 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 expended by Lentler 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 data of reimbursement. These sums shell be included in the definition of Obligations herein and shall ba 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 sole option, permit Grantor to pay any part of the Obligations after the beginning of publication of notice of sale, as herein provided, then, Grantor She pay an demand all Trustee antl far thebLander, and a reasonable tee to the Trustee, and this Deed of Trust shag beesecurity for ell suchfexpensesaand fee.. far the incurred 22. APPLICATION OF PAYMENTS. The Truatee shell 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 Dead of Trust, third, to the payment of junior deeds of trust, mortgages or other lienholders, and the balance, if any, to the person of persona legally entitled thereto. 23. POWER OF ATTORNEY. Grantor hereby appoims Lender as its attorney in -fact to endorse Grantor's name on all instruments and other documents pertaining to the Obligations or Dead of Trust. In addition, Lander shall be entitled, hum not required, to perform any action or execute any document required to be taken or executed by Grantor under this Dead 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 Dead 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 subrogated to the rights of the holder of any previous lien, security interest or encumbrance discharged with funds advanced by Lender regardless of wboth., these liens, security interests or other encumbrances have been released of record. 25. COLLECTION COSTS. To the exam permitted by law, Grantor agrees to pay Lender's reasonable fees and costs, including, but not limited to, fees and coats of attorneys and other agents ( including without limitation paralegals, clerks and consultants), whether or not such attorney or agent is an employee of Lander, which are incurred by Lander 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 put-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 Recanveryance, without affecting its interest in the remaining portion of the Property. Nothing herein shall be tleemed to obligate Lender to release any of its interest in the Property (except as required under Paragraph 38 or as may he otherwise required by law), nor shall Lender be obligated to release any pan of the Property if Granar Ia in default under this Dead of Trust. The lien and eecurity interest created by the Dead of Trust 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 Recoeasyance. 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 fail to exercise any of its rights or accept payments from Grantor or anyone other than Grantor without causing a waiver of those Obligations or rights. A waiver on one occasion shall not constitute a waiver on any other occasion. Grantor's Obligations under this Dead of Trust shall not be affected if Lender amends, compromises, exchanges, fails to exercise, impairs or releases any of the Obligations belonging to any Grantor. Borrower or third party or of the Obligations sshall not beydeemedra Borrower aiver and Lender shall have the right t any, time failure to insist insist upon strict of any 28. SUBSTITUTE TRUSTEE; TRUSTEE LIABILITY; COMPENSATION. from the state where the real property is located or in case the holder substitute trustee as trustee hereunder and to appoint a new trustee power to appoint in writing a substitute trustee for said Trustee, at rights of Trustee hereunder and the same shall become vested in hit dudes and obligations herein conferred on the Trustee. Trustee sht otherwise responsible or accountable under any circumstances wha anyone acting by virtue of the powers herein granted it upon the D management or c,oratime of said premises. Trustee shall have tin supporting any action taken or proposed to be taken by it hereunder reimbursement for expenses incurred by b in the performance of its hereunder as shall be rendered. Grantor will, from time to time, pay and hold it harmless from and against any and all loss, cost, liability, duties. of the death, inability, refusal to act or absence of the Trustee igatioln shall desire for any reason to remove the Trustee or any e and stead the holder of the an la hereby granted full Simple trustee shall, when appointed, become successor to all Purposes and objects of this Dead of Trust with all the power, liable for any error of judgment or act done by Trustee, or be Trustee shall not be personally liable in case of entry by it or oat for debts contracted or liability or damages incurred In the rely on any instrument, document or signature authorizing or d by it in good faith to be genuine. Trustee shall be entitled to sunder and to reasonable compensation for such of its services then due Trustee hereunder and reimburse Trustee for and save Ind expense whatsoever incurred by it in the performance of its All moneys received by Trustee shall, until used or applied es 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 law) and Trustee shall be under no liability for interest on any moneys received by it hereunder. 29. SUCCESSORS AND ASSIGNS. This Deed of Trust shell be binding upon and inure to the benefit of Grantor and Lender and their respective successors, assigns, trustee., ...ewers, 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 be in writing and sent to the parties at the addresses desalbed in this Dead of Trust or such ether address as the parties may designate in writing from time to time. Any such notice as given and sent by first class mail, postage prepaid, shall be deemed given the eadler of three (3) days afar such notice Is .t.1 or when received by the person to wham such notice Is being given. 31. SEVERABILITY. Whenever possible, each provision 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 low or is unenforceable, the rest of the Deed of Trust shall continue to be valid and enforceable. of pr 'des otherwise, antorlconsentsf to the jurisdiction l antl enue the of anyscourt selected by Lender, in is sole discretion located Unless applicable ate. prove 33. MISCELLANEOUS. Grantor and Lander agree that time Is of the essence. Grantor waves presentment, demand for payment, notice of 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 is more 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 is or shall be a third party beneficiary of any provision of this Deed of Trust. All provisions of this Dead of Trust In favor of Lender are intended solely for the benefit of Lender, and no third ent party sole 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 .e<0l6 NEaoTC IMPI PUS. 1/..