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22 SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered and be effective as a financing
<br /> statemeM and a�fixture flling pursuant to the provisions of the Uniform Commerdal Code (as adopted in the state where the real property Is located)
<br /> covering flxtures,chattels,and artides of personal property now owned or hereaiter attached to or to be used In connection wfth the Properry together with
<br /> any and all,replacemerrts ihereof and addftions thereto(the"Chattels"),and Grarnor hereby grarrts Lender a securfty irrterest fn such Chattels. The debtor is
<br /> the Grantor descxfbed above. This Deed of Trust will be effective as a flnandng statemem flled as a flxture filing wfih respect to all flxtures included within
<br /> said premises and is to be flled for record in the real estate recads of each courrty where any part of said premises(indudfng said flxtures)is situated. This
<br /> Deed of Trust shall also be effective as a flnandng statement cove�ing any otherpremises and may be filed in any other appropriate flling or recording
<br /> offlce. A carbon,photographic or other reproduction of this Deed of Trust or of any flnancing statemerrt relating to this Deed of Trust shall be suffiderrt as a
<br /> 8nandng statemerrt for any of the purposes referred to in this Paragraph. The secured party is the Lender described above. Upon demand,Grantor shall
<br /> make, execute and delfver such security agreements (as such term is defined in said Unffonn Corm�eraal Code) as Lender at any time may deem
<br /> necessary or proper or required to grant to Lender a perfected security irrterest fn the Chattels,and upon Grantor's failure to do so,Lender is suthorized to
<br /> sign any such agreemern as the agem oi Grarrtor. GraMor hereby authorizes Lender to file financing statements(as such teRn is deflned in said Uniform �
<br /> Cormierdal Code)with respect to the Chattels,at any time,without the signature of Grantor. Grantor will,however,at any time upon request of Lender,
<br /> sign such flnandng statemerrts. Grarnor will pay all 81ing fees for the Blin�of such flnandng statements and for the refiling thereof at the times required,in �
<br /> the opinion of Lender,by said Uniform Cortmerdal Code. If the Ilen of th s Deed of Trust be subject to any seduity agreement cove�ing the Chattels,then �
<br /> in the eveM of any default under this Deed of Trust,all the right,tNle and irrterest of 4rantor in and to any and all of the Chattels is hereby assigned to
<br /> Lender, together with the beneflt of any depostts or paymerrts now or hereafter made thereof by Grarnor or the predeoessors or suxessors in title of �
<br /> Grantor in the Property. �
<br /> 2S. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender,at Lender's opt(on,may expend funds(induding attomeys'fees and legal
<br /> expenses)to perform any act required to be taken by Grantor or to exerdse any right or remedy of Lender under this Deed of Trust. Upon demand,Grantor
<br /> shail imr�ediately reimtwrse Lender for all such amourrts expended by Lender together with Interest thereon at the lower of the highest rate described fn any
<br /> Obligation or the hlghest rate aUowed by law from the date of payment urriil the date of reimbursement. These sums shall be included in the definition of
<br /> S)bligations herein and shall be secured by the beneficial irrterest granted herein. If the Obligations are paid after the begfnning of pubUcation of notice of �
<br /> sale,as herein provided,or in the eveM Lender shall,at its sole option,pemit Grarrtor to pay any part of the Obiigations after the beg(nnfng of pubUcation of
<br /> notice of sale,as herein provided,then,GraMor shall pay on demand all expenses Incurred by the Trustee and Lender in connection wfth said publication,
<br /> indu�ng reasonable ariomeys'fees to the attomeys for the Trustee and for the Lender,and a reasonable fee to the Trustee,and this Deed of Trust shall be
<br /> security for all such expenses and fees.
<br /> 24. APPLICATION OF PAYMENT3. The Trustee shall�y the proceeds of the trustee's sale,flrst,to the costs and expenses of exercising the power of
<br /> sale and of the sale,induding thepaymerrt of the Trustee's ees actualiy incurred not to exceed the amouM which may be provided for in the Deed of Trust,
<br /> second,to paymerrt of the obligation secured by the Deed of Trust,third,to the paymeM of junior deeds of tn�st,mortgages or other Ilenholders,and the
<br /> belance,if any,to the person or persons legally errtNled thereto.
<br /> 25. POWEH OF ATTORNEY. Grantor hereby appoints Lender as its attomey-in-fact to endorse Grantor's name on all instrumerrts and other documents
<br /> pertaining to the Obflgations or Deed of Trust. In addition, lender shall be errtftled, but not required,to perform any action or execute any document
<br /> required to be taken or executed by Grarnor under this Deed of Trust. Lender'spe rtormance of such action o�exeariion of such documents shall not
<br /> relieve Grantor from any Obligatlon or cure any defauR under this Deed of Trust. All'owers of attomey described fn this Deed of Trust are coupled with an
<br /> irrterest and are irrevocable.
<br /> 26. SUBROGATION OF LENDER. Lender shall be subrogated to the rights of the holder of any previous Ilen, secu�ity interest or encumbtance
<br /> discharged wfth funds advanced by Lender regardess of whether these Ifens,secx���ity irnerests or other encumbranoes have been released of reoord.
<br /> 27. COLLECTION COSTS. To the extent pemitted by law,Grantor agrees to pay Lender's reasonable fees and costs,including,but not Iimited to,fees
<br /> and costs of attomeys and other agents (indu�ng without limitation paralegals, derks and consultants), whether or not such attomey or agent is an
<br /> employee of Lender,which are incurred by Lender in collecting any amourrt due or enfordng any rigM or remedy under this Deed of Trust,whether or not
<br /> suit is brougM,induding,but not fimited to,all fees and costs incurred on appeal,in banlwptcy,and for post-�dgment collection actions.
<br /> 28. PARTIAL RELEASE Lender may release its Interest in apo rtion of the Property by executfng and recordin�g one or more Partial Deeds of
<br />, Reconveyance wfthout affecting its interest in the remaining portion of ihe Property. Nothing herein shall be deemed to obligate Lender to release any of fts
<br /> interest in the Property(except as required under Parag�38 or as may be otherwise required by law),nor shall Lender be obligated to release any part
<br /> of the Property if Grarrior is in default under this Oeed of rust. The lien and securitv interest created by the Deed of Trust remeln in effect wfth respecl to
<br /> that portion of the property,as deflned in the Deed of Trust,that is not the subject of tf�is or any Partial Deed of Recorneyance
<br /> 29. MODIFICATION AND WAIVER. The modification or wafver of any of Grantor's Obl(gations or Lender's rights under this Deed of Trust must be
<br /> corrtalned in a writing signed by Lender. Lender may perform any of Borrower's or Grantor's Obligations,delay or fail to exerdse any of its rights or accept
<br /> payments from Grantor or anyone other than Grarrtor without causing a waiver of those Obligations or rights. A waiver on one oxasion shall not constftute
<br /> a waiver on any other oaasfon. Grantor's Obligations under this Deed of Trust shatl not be affected if Lender amends,comproMses,exchanges,fails to
<br /> exerdse,impairs or releases any of the Oblfgations belonging to any Grarnor,Borrower or thirdparty or any of its rights against any Grantor,Borrower or
<br /> third party or any of the Property. Lender's failure to insist upon strict perfom�ence of any of the Obligatfons shall not be deemed a waiver and Lender shall
<br /> have the right at any time thereaiter to insist upon strict perfomience.
<br /> 30. SUBSTITUTE TRUSTEE;TRUSTEE LIABILITY;COMPENSATION. In case of the death,inability,refusal to act or absence of the Trustee from the
<br /> 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 substitute trustee as
<br /> ttustee hereunder and to
<br /> irrt a new trustee in his ace and stead the holder of the
<br /> aPPo P� Obiigationa Is hereby gramed full power to appofnt in writing a
<br /> substftute trustee for said Trustee,and the substftute trustee shall,when�appoirned,become suxessor to all rights of Trustee hereunder and the same shall
<br /> become vested in him for the purposes and objects of this Deed of Trust with all the power,dutfes and obligations herein conferred on the Trustee. Trustee
<br /> shall not be Ilable for any errw of�dgment or act done by Trustee, or be�therwise responsible or aocountable under any dreumstances whatsoever.
<br /> Tn►stee shall not be personaily Ilable in case of entry by it or anyone acting by virtue of the powers herein grarrted it upon the Deed of Trust for debts
<br /> corrtracted or Ilability or dart�ages incurred in the management or operatfon of said preMses. Trustee shall have the rigM to rel on any instrument,
<br /> documerrt or signature authorizing or supportlng any action taken orproposed to be taken by it hereunder or beUeved by It ingoo�faith to be genuine.
<br /> Trustee shail be entftled to reimbursemerrt for expenses incurred by it in the perfomiance of fts duties hereunder and to reasonable compensation for such
<br /> of Ita services hereunder as shail be rendered. �rantor will,from time to time,pay compensation due Trustee hereunder and reimburse Trustee for and
<br /> save and hold 8 hamiless hom and against any and all loss,cost,IlabiBty,damage and expense whatsoever incurred by it in the pertom�ence of its duties.
<br /> All moneys received by Trustee shall,until used or applled as hereinprovfded,be held In trust for thepurposes for which they were received,but need not
<br /> be segregated in any manner from any other moneys (except to the extent required by law)and Trustee shall be under no flability for interest on any
<br /> mcneys recelved by ft hereunder.
<br /> 91. SUCCESSORS AND ASSIGN3. Thts Deed of Trust shall be bindin$ upon and Inure to the beneflt of Grantor and Lender and their respective
<br /> suxessors,assigns,trustees,reoeivers,administrators,personal representattves,legatees and devfsees.
<br /> 32 NOTICES. Exoept as otherwise required by law,any notice or other cormx�nication to be provided under thfs Deed of Trust shall be in writing and sent
<br /> to the parties at the addresses described in this Deed of Trust or such other address as the parties ma designate in wrfting from time to time. My such
<br /> notice so given end sent by flrst class meil,postage prepald,shall be deemed given the earlier of three�3)days after such notice fs sent or when received
<br /> by the person to whom such notice is befng given.
<br /> 33. SEVERABILITY. Whenever possible,each provfsion of this Deed of Trust shall be interpreted so as to be effective and valid under applicable state
<br /> law. If any provlsion of this Deed of Trust violates the law or is unenforcsable,the rest of the Deed of Trust shall continue to be valid and enforceable.
<br /> 34. APPLICABLE LAW. This Deed of Trust shall be govemed by the Iaws of the state where the real property is located. Unless applicable Iaw provides
<br /> otherwise,Grantor conserns to the ju�isdiction and venue of any court selected by Lender,in its sole discretion,located in that state.
<br /> 36. MISCELLANEOUS. Grantor and Lender agree that time is of the essence. Grantor waives presentmern,demand for payment,notice of dishonor and
<br /> thetest except as required law. All references to Grarrior in this Deed of Trust shall include all persons s(gning below. If there is more than one Grantor,
<br /> ir Obligations shall be p' ir�it and severai. This Deed of Trust represerris the complete imegrated understanding between Grarrtor and Lsnder pertaining to
<br /> the terma and conditions hereof.
<br /> 96. NO THIRD PARTY RIGHTS. No person is or shall be a third party benefidary of anyprovision of this Deed of Trust. All prov(sions of this Deed of
<br /> Trust In favor of Lender are intended solely for the benefit of Lender,and no third party shall Ye erriitled to assume or expect that Lende�will not waive or
<br /> oonsent to the rt�Bcation of any provlsion of this Deed of Trust,in Lender's sole discretion.
<br /> 37. PRESERVATION OF LIABILITY AND PRIORITY. Without affectlng the liability of Borrower,Grantor,or any guarantor of the ObHgations,or any other
<br /> person(excepi a person expressiy released in w�iting)for the paymerR andperfomiance of the Obligatfons,and wfthout affecting the rishts of Lender with
<br /> respect to any Property not expressly released in writtng,and without impairing fn any way the priority of this Deed of Trust over the irrterest of any person
<br /> acquired or first evidericed by reoorc�ng subsequerrt to the reoording of this Deed of Trust,Lender may,either before or after the maturity of the Obligations,
<br /> end wfthout notice or consent:release any person Uable forpayment or pertom�ance of all or any part of the Obligations;make anyag�eement altering the
<br /> tertns of paymerrt or�erfomience of ail or any part of the Obligations;exerdse or rehain from exerdsing or waive any rip�or remedy that Lender may have
<br /> under the Deed of Truat;axept adc�tional security of any Idnd br any of the Obligations;or release or otherwise deal with eny real or personal pro
<br /> securing the Obligationa. My person acc�iring or recording evidence of any interest of any nature in the Propetty shall be deemed, by aoqu(�ing su
<br /> interest or recording any evidence thereof,to have conserrted to all or any such adions by Lender.
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