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201_30294'3
<br />DEED OF TRUST
<br />(Continued) Page 9
<br />this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written
<br />notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice
<br />purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided
<br />or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice
<br />given to all Trustors.
<br />ASSOCIATION OF UNIT OWNERS. The following provisions apply if the Real Property has been submitted to unit
<br />ownership law or similar law for the establishment of condominiums or cooperative ownership of the Real Property:
<br />Power of Attorney. Trustor grants an irrevocable power of attorney to Lender to vote in Lender's discretion on any
<br />matter that may come before the association of unit owners. Lender shall have the right to exercise this power of
<br />attorney only after Trustor's default; however, Lender may decline to exercise this power as Lender sees fit.
<br />Insurance. The insurance as required above may be carried by the association of unit owners on Trustor's behalf,
<br />and the proceeds of such insurance may be paid to the association of unit owners for the purpose of repairing or
<br />reconstructing the Property, If not so used by the association, such proceeds shall be paid to Lender.
<br />Default. Trustor's failure to perform any of the obligations imposed on Trustor by the declaration submitting the
<br />Real Property to unit ownership, by the bylaws of the association of unit owners, or by any rules or regulations
<br />thereunder, shall be an event of default under this Deed of Trust. If Trustor's interest in the Real Property Is a
<br />leasehold interest and such property has been submitted to unit ownership, any failure by Trustor to perform any
<br />of the obligations imposed on Trustor by the lease of the Real Property from Its owner, any default under such
<br />lease which might result in termination of the lease as it pertains to the Real Property, or any failure of Trustor as a
<br />member of an association of unit owners to take any reasonable action within Trustor's power to prevent a default
<br />under such lease by the association of unit owners or by any member of the association shall be an Event of
<br />Default under this Deed of Trust.
<br />CONSENT TO SELL LOAN. The parties hereto agree: (a) Lender may sell or transfer all or part of this loan to one or
<br />more purchasers, whether related or unrelated to Lender, without notice and without the consent of the parties; (b)
<br />Lender may provide to any purchaser, or potential purchaser, any information or knowledge Lender may have about the
<br />parties or about any other matter relating to this loan obligation, without notice, and the parties waive any rights to
<br />privacy it may have with respect to such matters; (c) the purchaser of a loan will be considered its absolute owner and
<br />will have all the rights granted under the loan documents or agreements governing the sale of the loan; (d) the
<br />purchaser of a loan may enforce its interests irrespective of any claims or defenses that the parties may have against
<br />Lender; and (el to waive all notices of sale of the loan, as well as all notices of any repurchase, and all rights of offset
<br />or counterclaim that the parties have now or later against Lender or against any purchaser of the loan.
<br />FACSIMILE AND COUNTERPART. This document may be signed in any number of separate copies, each of which shall
<br />be effective as an original, but all of which taken together shall constitute a single document. An electronic
<br />transmission or other facsimile of this document or any related document shall be deemed an original and shall be
<br />admissible as evidence of the document and the signer's execution.
<br />COMMUNITY AND OTHER PROPERTY. In addition to the rights of Lender under any applicable community property
<br />laws, Borrower, Guarantor or Grantor who is a Married Person and who has an interest in marital or community
<br />property under applicable law acknowledges and agrees that his /her obligation as a Borrower, Guarantor or Grantor is
<br />incurred in the interest of and to benefit the marital community (or domestic partnership, if applicable), and expressly
<br />agrees that recourse may be had against his or her separate property and his or her rights in community property and
<br />community assets for all of his or her obligations to Lender, in addition to any other property that may be subject to
<br />rights of Lender. Borrower and Guarantor also agree not to, without Lender's prior written consent, enter into any
<br />community property agreement which alters the separate or community property character of any of such party's
<br />property. For the purpose of this provision, "Married Person" means a person in a spousal relationship and shall include
<br />parties to a duly registered and /or legally recognized same -sex civil union, domestic partnership, and other terms,
<br />whether or not gender- specific in a spousal relationship, that denote spousal relationship, as those terms are used
<br />throughout the laws, codes and regulations of states and /or jurisdictions that recognize legally married same -sex
<br />couples, civil unions and /or domestic partnerships, and any references herein to a married person or marital status shall
<br />be deemed to also include the applicable corresponding term, or other reference relating to a party to a civil union or
<br />domestic partnership. .
<br />EXECUTION OF DOCUMENTS, CONSULTATION WITH COUNSEL. Each party hereto acknowledges and agrees that
<br />he /she /it has had an opportunity to review and consider the terms and provisions of this agreement and each related
<br />loan document, to consult with counsel of his /her /its choice, if desired, and to suggest changes to the structure and
<br />terms of the agreements. Each party hereto warrants and agrees that his /her /its execution of this agreement and any
<br />related loan documents is made voluntarily and with full knowledge of the significance and effect of such agreements.
<br />DEFINITION OF INDEBTEDNESS. The definition of "Indebtedness" herein includes, without limitation, all liability of
<br />Borrower or other party having its obligations to Lender secured by this Deed of Trust, whether liquidated or
<br />unliquidated, defined, contingent, conditional or of any other nature whatsoever, and performance of all other
<br />obligations, arising under any swap, derivative, foreign exchange or hedge transaction or arrangement (or other similar
<br />transaction or arrangement howsoever described or defined) at any time entered into with Lender in connection with the
<br />Note.
<br />ENCUMBRANCES. Grantor /Mortgagor /Trustor shall not, without Lender's consent, mortgage, assign, grant a lien upon
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