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20020641 20. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. Th., Dead of Trust shall be considered and be effective as a financing statement and a fixture filing pursuant to the provisions of the Uniform Commercial Code (as adopted in the state where the real property Is located) covering fixtures, ,batters, sod articles of personal property now owned Or hereafter attached to or to be used in connection with the Propartt- together with any and all replacements thereof and additions thereto (the Chattels I, and Granter hereby grants Lender a security interest in such Cloud s. The harder is the Grantor described above. This Deed of Trust will be effective as u financing statement filed as a fixture filing with respect t0 all f .dame ... eluded within said premises and is to be Ideal for record In the real estate records of each county where any part of said premises (including said fixtrues) is situated, This Deed of Trust shall also he effective as a financing aWbarniont covering any other promises and may he filed In any other appropriate filing or recording office, A carbon, phutugmpMe o r other reproduction of this Deed of Trust or of any financing statement relating to this Dead of Trust shell be aufficient as a financing statement for any of trip purposes referred to in this Paragraph_ The secured party is the Lender described above. Upon demand, Grantor shall make, execute and deliver such security agrerments (as such term is defined In said Uniform Commercial Code) as Lender at any time may deem necessary or proper or required to grant to Lender u perfected security Interest in the Chattels, and upon Grantor's failure to do so, Lender is authorized to sign any such agreement as the agent of Grantor. Grantor hereby audror ps Lender to file financing statements (as s ch term Is defined In said Uniform Commercial CoJul with respect to the Chattels, at any time, without the signa Wro of Grantor. Grantor will, however, at any time came request of Leader, sign uch financing statements. Grantor will pay all filing fees for the filing of such bouncing statements and for the helping thereof at the times required, in the opinion of Lender, by said Uniform Commercial Code. If the lien of this Deed of Trust be subject to any Security agreement wring the Chattels, then In the event of any default under this Deed of Trust, ell the right, Ida and Interest of Grantor In and to any and all at the Chattels is hereby assigned to Lender, together with the benefit of any deposits or payments now or hereafter 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 Lender's option, may expend funds (including attorneys' fees and legal expe facto to perform any act required to be taken by Grantor or to exercise any right o or comedy of 1 ender under this Deed of Trust. Upon demand, Grantor shall immediately reimburse Lender for all such amounts expended by Lender together with Interest grandson 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, Ihes'e sums shall be included in the Jefimtirm of Ohligations herein and shall be accurad by the beneficial interest granted herein. If the Obligations are paid error the beginning of publication of notice of pall, as herein provided, or in the event Lender Shall, at its sale option, permit Grantor to pay any part of the Obllgagimrs after the beginning of publication of notice of sale, as herein provided, then, Grantor shall pay On demand all expenses located by the Trustee and Lender in connection with said publlration, 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 tees. 22. APPLICATION OF PAYMENTS. The Trustee shall apply the proceeds of the trustee's Sole, first, to the costs and expenses of exercivng the power of Sale and of the sale, including the payment Of the Treabo,'s fees actually Incurred not to exceed the amount which may he provided for in the Dead of Trust, second, to payment of ffie obligation secured by the Deed of Trust, third, to the payment of junior deeds of trust, mortgages or other livalha ddrs, sail the balance, if any, to the person or persons legally entitled thereto, 23. POWER OF ATTORNEY. Grantor hereby appoints Lender as its allorney -in -fact 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 cute any document required to be taken or executed by Grantor under Nis Deed of Trust_ Lender's performance at such action or execution of such documents shall not relieve Grantor from any Obligation or cars any default under this Deed Of Trust. All powers of attorney described In this Deed of Trust are coupled will, un Interest and she irrevocable 24_ SUBROGATION OF LENDER. Lender shall be aubrogated to the rights of The holdicr of any previous lien, security interest a, arcLurbounur, discharged with funds advanced by I coast regardless of whether these hens, security Interests or other encumbrances have been released of upheld 25_ COLLECTION COSTS. To the extent permitted by law, Grantor agrees to pay Lender's reasonable lees and costs, including, but not limited to, fees and costs of atturncys and Other agents (Including without repletion paralegals, clerks and consultants), whether or not such attorney or agent Is an employee of Lender, which are incurred by I ender 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 tees and costs incurred on appeal, In bankruptcy, and for past judgment collection s,anns_ 26. PARTIAL RELEASE. Lender may release its interest in a portion of the Property by executing and recording One On more Partial Deeds of Recoaveyance without affecting Its Interest in the remaining portion of the Property. Nothing herein shall he deemed to obligate Lender W release 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 obligated to release any part of the Property It Grunter is In default under this Deed of Trust the lien and security interest created by the Deed of Trust remain In ettect with respect to that portion of the property, as defraud In the Deed of Trust, that i6 not the subject of this' or any Partial Dead Of Reconveyance. 27. MODIFICATION AND WAIVER. The modification or waiver of any of Granmr'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 fall to exercise any Of to rights or accept puyroads from Grantor or anyone other than Grantor without causing a waiver of those Obligations or higher_ A waiver on one shall not constitute a waver Orr, any other occasion. Grantor's Obligations under Nis' Deed of Trust shall not be affected If Lender amends, compromises, exchanger, fails to exercise, impairs or hi any of the Orligations belonging to any Grantor. Borrower or third party any of its rights against any Grantor, Borrower or third party or any of the Property. Lender's failure W insist upon suirt performance of any of the Obligations shall not be deemed a waiver and Lender shall have the right at any time thereafter to insist upon strict performance. 28. SUBSTITUTE TRUSTEE; TRUSTEE LIABILITY; COMPENSATION. In cope of the death, 'mahilay, refusal to act or absence OI No Trustee from the state where the real property Is located or in case the holder of the Obligations shall desire for any reason to reached the Trustee or any substitute trustee as trustee hereunder and to appoint anew trustee In his place and stead, the holder of the Obligations is hereby granted full power to appoint In writing a substitute trustee for said Trustce, and the sumanute trustee shall, when appointed, become sdcressor to all rights of Trustee hereunder and this same shall became vested in him for the purposes and objects of this Deed of Trust with ell the powe, duties and obligations herein 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 pass of entry by it or anyone acting by virtue of the powers herein granted It upon the Dead 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 It In goad faith to be genuine. Trustee shall be abided to mburse tent for expenses incurred by it In the performance of 'hs duties hereunder and to reasonable compensation for such of its Services her eaocar lap shall be rendered_ Grantor will, from time to time, pay compensation duo Trustee hereunder and reimburse Trustee far and save and hold I harmless from and against any and .II loss, cost, liability, damage and expense whatsoever incurred by It In the performance oflts duties. All moneys received by Treated shall, until and or applied as herein provided, be held in trust for tre purposes for which they were received, but need nut be segregated In any manner from any other moneys doxocpt to the extent required by law) and Trustee shall be under on liability for Interest on any moneys received by It bereunder. 29. SUCCESSORS AND ASSIGNS. This Deed of Trust shall be binding upon and inure to the benefit of Grantor and Lander and their respective successors, assigns, trustees, receivers, administrators, personal representu GvOo legatees and devicea_a. 38. NOTICES. Except as Otherwise required by law, any notice or other communication to be provided under th its Deed of Trust shall be In writing and sent to the parties at the addresses described In this Deed of Trust or rare other address as the parties may designate in writing from time to Lima. Any such notice so given and Sent by first class mail, postage prepaid, shall be deemed glean the earlier of three (3) days after such notice is pent or when receivetl by the person to where such no tica is being given. 31. SEVERABILITY. Whenever possible, each provision of this Deed of trust shall be interpreted re 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 rest of the Dead of Trust shall continue to be valid and entomeable_ 32. APPLICABLE LAW, This Deed of Trust .Shall be governed by the laws of the state where the real property Is located. Unless applicable law provides otherwise, Grantor Consents to the jurisdiction and venue of any court selected by Lender, In Its Sale dlacre Wn, 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 inquired by law. All references to Grantor in this DeeJ of Trust shall 'include all persons signing below. If there is e Nano one Grantor, their Obligations shall be joint and several This Deed of Trust represents the complete Integrated urluratanding between Grantor and Lender perjuring to the terms and renditions hereof. 34. NO THIRD PARTY RIGHTS. No person a or shall be a third party beneficiary of any provision Of this Decd of Trust, All provisions of this Deed of Trust In favor of I resdar ans intended solely for the benefit of Lentler, antl no third party shall be entitled to assume or expect that I ander will not waive or consent to the fructification of any provision of this Deed of Trust, In Lender's Sulu discretion. riIa1111ir 1 I eve 6ofa