|
Loan No: 4277812112
<br />201507727
<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 />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 (e) 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. nth respect to the Guaranty only, to the extent this provision may conflict with another
<br />provision contained in the Guaranty, that other provision of the Guaranty shall control.
<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 />DEFINITIONS OF INDEBTEDNESS AND PERSONAL PROPERTY. The definition of "Indebtedness" herein includes,
<br />without limitation, all liability of Borrower or other party having its obligations to Lender secured by this Deed of Trust,
<br />whether liquidated or unliquidated, defined, contingent, conditional or of any other nature whatsoever, and performance
<br />of all other obligations, arising under any swap, derivative, foreign exchange or hedge transaction or arrangement (or
<br />other similar transaction or arrangement howsoever described or defined) at any time entered into with Lender in
<br />connection with the Note.
<br />ENCUMBRANCES. Grantor /Mortgagor/Trustor shall not, without Lender's consent, mortgage, assign, grant a lien upon
<br />or security interest in, or otherwise encumber the Property or any interest in the Property, or allow such a lien or
<br />security interest to exist or arise, whether voluntarily, involuntarily or by operation of law, except for liens and security
<br />interests in favor of Lender, or property taxes attributable to the Property which are not past due.
<br />APPRAISALS, FEES AND EXPENSES. Grantor/Trustor agrees that Lender may obtain appraisals and reappraisals and
<br />perform property evaluations and appraisal reviews of the Real Property when required by the regulations of the Federal
<br />Reserve Board or the Office of the Comptroller of the Currency, or any other regulatory agency, or at such other times
<br />as Lender may reasonably require. Appraisals shall be performed by an independent third party appraiser selected by
<br />Lender; property evaluations and appraisal reviews may be performed by third party appraisers or appraisers and staff
<br />of Lender. The fees, expenses and other cost of such appraisals, reappraisals, property evaluations and appraisal
<br />reviews shall be paid by Grantor/Trustor. In addition, Grantor/Trustor shall be responsible for payment of all fees and
<br />expenses of Lender and third parties relating to inspecting the Real Property, environmental review, title policies and
<br />endorsements (or title searches, abstracts of title or legal opinions of title where applicable), and monitoring the
<br />payment of property taxes, and any governmental taxes, fees and recording costs relating to this deed.
<br />LEASES AND RENTS. Grantor/Trustor /Mortgagor presently assigns to Lender all of Grantor/Trustor /Mortgagor's right,
<br />title and interest in and to all present and future leases of the Property and all rents from the Property. This Assignment
<br />of Rents is given to secure (A) Payment of the indebtedness and (B) Performance of any and all obligations under the
<br />Note and Mortgage /Deed of Trust. Grantor/Trustor /Mortgagor's present assignment to Lender hereunder is of all
<br />
|