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201400400 <br />in accordance with the California UCC as to any personal property or fixtures and separately as <br />to its remedies with respect to real property and fixtures, or may proceed in any sequence as to <br />some or all of the real property and some or all of the personal property and fixtures in <br />accordance with its rights and remedies in respect of the real property, as specifically permitted <br />under Section 9604 of the California UCC, and treat both the real property and the personal <br />property or fixtures as one parcel of security. Lender and Deed of Trust Trustee may aggregate <br />their rights in any real property, fixtures and/or personal to create such parcels of security to be <br />sold pursuant to the power of sale herein or by judicial foreclosure. A sale of a parcel of security <br />including real and personal property may be conducted by the Deed of Trust Trustee. <br />13. Paragraph 31 of this Security Agreement is hereby deleted in its entirety <br />and replaced with the following: <br />31. Marshalling and Other Matters. <br />(a) Borrower hereby waives, to the extent permitted by law, the benefit of all <br />appraisement, valuation, stay, extension, reinstatement and redemption laws now or hereafter in <br />force and all rights of marshalling in the event of any sale hereunder of the Mortgaged Property <br />or any part thereof or any interest therein. Further, Borrower hereby expressly waives any and <br />all rights of redemption from sale under any order or decree of foreclosure of this Security <br />Instrument on behalf of Borrower, and on behalf of each and every person acquiring any interest <br />in or title to the Mortgaged Property subsequent to the date of this Security Instrument and on <br />behalf of all persons to the extent permitted by applicable law. <br />(b) Borrower expressly waives any and all benefits which might otherwise be <br />available to Borrower under California Civil Code Sections 2809, 2810, 2819, 2839, 2845, 2849, <br />2850, 2899 and 3433. <br />(c) Borrower hereby waives any and all defenses, including but not limited to <br />Borrower's defense of estoppel discussed in Union Bank vs. Gradsky (1968) 265 Cal.App.2d 40, <br />based upon a foreclosure against all or any part of the real property security for the indebtedness <br />evidenced by the Note pursuant to the power of sale contained in this Security Instrument as <br />opposed to proceeding by way of judicial foreclosure. Borrower waives all rights and defenses <br />arising out of an election of remedies by Lender, even though that election of remedies, such as a <br />non judicial foreclosure with respect to security for a guaranteed obligation, has destroyed <br />Borrower's rights of subrogation and reimbursement by the operation of Section 580d of the <br />California Code of Civil Procedure or otherwise. <br />(d) Borrower hereby waives all rights and defenses that Borrower may have <br />because any of the Debt is secured by real property. This means, among other things: (1) subject <br />to the provisions of paragraph 51 of this Security Instrument, Lender may collect from Borrower <br />without first foreclosing on any real or personal property collateral pledged by any other <br />borrower, including without limitation, Lessee or any of its affiliates (collectively, the "Other <br />Borrowers" and individually, an "Other Borrower "); (2) If Lender forecloses on any real <br />property collateral pledged by Borrower or any one or more Other Borrowers: (A) the amount of <br />debt may be reduced only by the price for which the collateral is sold at the foreclosure sale, <br />even if the collateral is worth more than the sale price, (B) subject to the provisions of paragraph <br />