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201305319 Section 5.30. Limitations as to Parties Constituting_ Mortgagor. Notwithstanding anything to the contrary contained in this Mortgage, the agreements, covenants, representations and warranties contained herein are made by each Mortgagor as they relate to such Mortgagor and the Property as to which such Mortgagor has any right, title and interest, and not with respect to any other Mortgagor or such other Mortgagor's Property. ARTICLE VI Special California Provisions Section 6.1. Inconsistencies. With respect to the Property located in the state of California, the provisions set forth in this Article shall apply to and be made a part of the Mortgage. In the event of any inconsistencies between the terms and provisions of this Article and the other terms and provisions of this Mortgage, or to the extent, and only to the extent, any of the terms and provisions in this Article conflict with, or are ambiguous when read together with, any of the other terms and provisions of this Mortgage, the provisions of this Article shall govern. Capitalized words and phrases contained in this Article shall have the definition ascribed to them in the main body of the Mortgage, unless the context manifestly requires otherwise. Section 6.2. California Mortgage Foreclosure Law. No portion of the Obligations shall be or be deemed to be offset or compensated by all or any part of any claim, cause of action, counterclaim or cross - claim, whether liquidated or unliquidated, which the Mortgagor may presently have or claim to have against the Trustee, or the Lender. The Mortgagor hereby waives, to the fullest extent permitted by any applicable Requirement of Law, the benefits of California Code of Civil Procedure § 431.70 (and any other any applicable Requirement of Law of similar import) which provides: Where cross - demands for money have existed between persons at any point in time when neither demand was barred by the statute of limitations, and an action is thereafter commenced by one such person, the other person may assert in the answer the defense of payment in that the two demands are compensated so far as they equal each other, notwithstanding that an independent action asserting the person's claim would at the time of filing the answer be barred by the statute of limitations. If the cross -demand would otherwise be barred by the statute of limitations, the relief accorded under this section shall not exceed the value of the relief granted to the other party. The defense provided by this section is not available if the cross -demand is barred for failure to assert it in a prior action under Section 426.30. Neither person can be deprived of the benefits of this section by the assignment or death of the other. For purposes of this section, a money judgment is a demand for money, and, as applied to a money judgment, the demand is barred by the statute of limitations when enforcement of the judgment is barred under Chapter 3 (commencing with Section 683.010 of Division 1 of Title 9). 55