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Il 1a:Ffa <br />20. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effective as a financing <br />statement and a fixture tiling pursuant to the provisions of the Uniform Commercial Cod, for adopted in the state where the real property rs <br />looser covering fixtures. Chattels, and articles of personal property now owned or hereafter attached to or to be used Inconnection with the <br />Property together with any and all replacements thereof and additions thereto (the Chattels "L and Grantor hereby grants Lender a security <br />placed in such ChaLLele. The debtor IS the Grantor described above. This Dead of Trust will be effective as a fmanamg statement tiled as <br />.. _. _ . .... --- .__r...._........,_.,,1 ,..a,..a he need f,r ,,,IA IS the near estate records of each county what, <br />any Pan of said premises including sera Tihop l 11 anuapu. rira ..gee U, ,.,... -. a e,..,a,... --- ., _ _ „ ...... ..__. _. <br />other promises and may be filed in any other appropriate filing or recording gree. A carbon, photographic or other repmauctmn of d <br />Trust or of any financing statement rclaeng ro his Deed of Trust shall be authentic as a financing statement for any of the purposes <br />in this Paragraph. The secures party Is the Lender described hove. Upon demand, Grantor hall make, secure and deliver so <br />such term Is defined m aeld Uniform Commercial Code) as Lender at an e a deem n <br />fs (as o u may necessary a proper r ra ,lilt <br />ioLenUe�a pa ---- -- security interest in ma Chattels, and open Grantor's statements to do So Lender Is authorized ID sign m each g <br />. _ _, _.....,.. r:.,.,.... ate „ a ai,,,.r,os n„no, in nth. enanr:mn ntatememe gas seen term is dmfoea m said Uniform commt <br />required, in the ,pinion of Lender, by said uniform Commercial code. It the lien Of the Deed of t rust be supect is any security agreement <br />me Chattels then In the event of any default Oder this Dead of Treat all the right, title and Interest of Grantor m and to any and pg of <br />ihp C^attels is hereby assigned to Lender, together with the benefit of any deposits or payments now or hereafter made thereof by Grantor or <br />the predecessors or successors In title al Grantor In the Property. <br />21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender, at Lenders notion, may expend funds lincluding attorneys fees and <br />legal expenses) to perform any act required to be taken by Grantor or to exercise any right e( remedy of Lender under this Deed 01 Trust Upun <br />demand, Grantor shall mmediately reimburse Lender for all such amounts expi by Lender together with interest thereon at the lower at <br />highest rate desrabed in any Obligation or the highest taro allowed by law from the date of payment until the date of rermbursemem. These <br />e shag be included In the definition of Obligations herein and shah be secured by me beneficial interest granted herein. If the obligations are <br />Soon, after the beginning of Publication of notice of sale, as herein provides, or n the event Lender shall, at its sole option, permit Grantor to pay <br />any part of the Obligation after the beginning of publication of notice of sale, as herein ovided, then, Grantor shall paon demand all <br />expenses incurred by the Tru t and Lander connection with said publication, include p reasonable attorneys' fees to the attorneys for the <br />Trustee ex! for the Lander, and a reasonable fee to the Trustee, and this Deed of Trust shall be security for all such expenses and fees. <br />22. APPLICATION OF PAYMENTS. The Trustee shall apply the proceeds of the trustee's sale, first, to the seats and expenses of exercising the be power of sale and Of the $ale, including the payment of the Trustee's face actually incurred not o exceed the amount hlsjunior h y deeds provided for <br />in the Deed of Trust, second, to payment of the obligation secured by the Deed of Trust, tthird, to the c o <br />mprt0ages or other lienhriders, and the balance, It any, to the person or persons legally entitled thereto. <br />23. POWER OF ATTORNEY. Grantor hereby appoints Lender as Its attorney -in -fact to endorse Grantor's name on all Instruments and other <br />documents pertaining to the Deal or Dead of Trust. In addition, Lender shall be entitled, but not required, to perform any saint or <br />execute any document required to be taken or executed by Grantor under this Deed of Trust. Lenders performance of such action or execution <br />Of such documents shall not relieve Grantor from any Obligation or cure any default under this Deed of Trust All o f attorney described <br />in this Deed of Poor are coupled with an imemat and are oraan cable <br />. <br />24. SUBROGATION OF LENDER. Lender shall be subrceatpd to the rights of are holder of any previous Ilan, security Interest Or encumbrance <br />discharged with funds advanced by Lender regardless of whether rheas liens, security interests or other encumbrances have been mloased of <br />basic. <br />25. COLLECTION COSTS. To the extent permanent by law. Grantor agrees to pay Lender's reasonable tees and costs, including, but not limited <br />to, tees and sorts of attorneys and other agents lincluding without limitation paralegals, clerks and consultants), whether Or not such attorney <br />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 Deetl <br />at Trust, whether or not suit is brought, including, but not Treed m, all teas and costs incurred on appeal, in bankruptcy, and for post judgment <br />causation actions. <br />26. PARTIAL RELEASE, Lander may its 'Oscar in a portion of the Property by executing and recording one more Partial Diver of <br />Reconveyance without affecting Its interest in the remaining p,Tmm el the Property. Nothing hemio shall be doomed to obllgate Lander to <br />release any of its interest in life Property Icxcept as required under Paragraph 38 or as may be Otherwise required by law). nor shall Lender be <br />equa tetl to reissue any part of the Property If 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 Deed of Tort, that is net the subject of this Dr any Partial <br />Deed or Reconveyance. <br />27. MODIFICATION AND WAIVER. The modification or waiver of any of Grantors Obligations or Lender's rights under this Deed of Trust must <br />be contained o a writing signed by Lender. Lender may perform any of Borrowers or Grantor's Obligations, delay or fail to cxp any at Its <br />rights a accept payments from Grantor or anyone other than Grantor without causing a waiver of groan Obligations or rights. A waiver on one <br />shall not c ir <br />constitute a waiver on any other occasion Grantor's obligations under this Deed of Trust hall no be affected if Lender <br />amend, compromises, exchanges, ifails to exercise, Impairs or releases any of the Obligations belonging to any Grantor, Borrower or thud party <br />nr any of its rights against any Grantor, Borrower or third party or any of the Pull Lenders failure W Insist upon strict performance of any <br />of the Obligations shall not be deemed a waiver and Lander shall have the right at any time thprealter to insist upon suet performance <br />28. SUBSTITUTE TRUSTEE; TRUSTEE LIABILITY: COMPENSATION. In case of the death, inability, refusal to 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 any reason to remove the Trustee or any <br />substitute trustee a trustee hereunder and to appoint asnew trustee in his place and stead, the hard,, it the Obligations is hereby granted full <br />power to appoint in writing a substitute tesgee for said Trustee, and he substitute trustee shall, when appointed, become up ssor to all <br />rights of Trustee hereunder and the same Shall become vested in Mm for the purposes and objects of this Dead of Trust with all the power, <br />itch as and obligations M1ereln conferred up the Trustee. Trustee shall not be Gable far any error of judgment or act done by Trustee or be <br />otherwise responsible D t,mn able under any circumstances whatsoever Trustee shall not be personally liable In case of entry by It or <br />anyone acting by virtue of the said herein granted A upon the Dead OF Trust for debts contras d or liability or damages Incu ed , the <br />management o operation of s id prom se . Trustee shall have the right to rely on any Instrument, document or signature authorizing or <br />supporting any or taken or proposed to be taken by It hereunder or believed by it in good poth to be gpnWne. Trustee shall be entitled to <br />reimbursement fur expenses incurred by it in the performance of its duties hereunder and to reasonable c mpensatbn for such of It ices <br />wounder ,,no Told itaharmlessefrom and against any altfrom ll lapse to Too. iab pay y, damages and expense whatsoever incurred by bins the perrformance Of ITS <br />duties. <br />e a past, liability, se w mcu e n <br />All moneys received by Trustee shall, until used or applied as herein Provided, be hold 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 by Loyd d Trustee shall he under no liability <br />for interest on any money$ pattern by hereunder. <br />29. SUCCESSORS AND ASSIGNS. This Dead of Trust shall be binding upon and Inure W the benefit of Grantor arid Lender and their respective <br />successoo, assigns, trustees, receivers, administrators, parallel representatives, legatees and devisees. <br />30, NOTICES. ExenM as otherwise required by Iew, any n dce or other communication to be provided under this Dead m Trust shall be In <br />writing and sent to the parties at the addresses described in this Deed of Trust or such other address as the 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 given the earlier of three 13) days <br />alter such notice is sent or when received by the person to whom such notice Is being given. <br />31. SEVERARILITY. Whenever possible, each provision of this Deed at Trust shall be interpreted so as to be affective and valid under <br />applicable state law. If any provision of this Deed at Trust violates the law Or is unenforce fleas the rest of the Deed Of Trust shall continue to <br />on valid and enforceable <br />32. APPLICABLE LAW. This Deed of Trost shall be govpmntl by the laws of the state where the real properly is legated. Unless applicable law <br />provides otherwise, Grantor consents to the jurisdiction and venue Of any court selected by Lender, in its sale discretion, located in that state. <br />33. MISCELLANEOUS. Grantor and Lander agree that time Is of the ASNOTe. Grantor waives presentment, demand for payment, notice of <br />dishonor and protest except as required by law. All references to Grantor in this Deed at Trust shall me bad all persons signing below. If there <br />IS e than e Grantor, Their Obligations shall be joint and several. This Deed of Trost represents the compinto Integrated understanding <br />betwpeI Grolier and Lender pertaining to the terms and conditions hepof. <br />34. NO THIRD PARTY RIGHTS. No person Is or shall be a third party beneficiary of any proviaipn of this Deed of Trust. All provisions of this <br />Deed of Trust In favor of Lender are ended solely for the benefit of Lender, and no third party shall be Pmend to assume or expect that <br />Lender will not waive or enhance to the modification of any peopon of this Lord of Trust, In Lenders sole discretion. <br />