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2005078'74 (c) Subject to the limitations of this Security Instrument, Borrower is personally obligated and fully liable for the amount due under the Note. Lender has the right to sue on the Note and obtain a personal judgment against Borrower for satisfaction of the amount due either before or after a judicial foreclosure of this Security Instrument under AS 09.45.170- 09.45.220, (d) The maturity of this Security Instrument, for purposes of A.S. 34.20.150 or any similar statute, shall occur upon the latter to occur of (i) the full satisfaction of all indebtedness and other obligations secured by this Security Instrument and (ii) fifty (50) years from the date of execution of this Security Instrument. g roperty Located in the State of Arizona. Section .. Certain Matters Relatin to P . With respect to the Property which is located in the State of Arizona, notwithstanding anything contained herein to the contrary: (a) Without obtaining the prior written consent of Lender, Borrower shall not consent to, or vote in favor of, the inclusion of all or any part of the Property in any Community Facilities District formed pursuant to the Community Facilities District Act, A.R.S. Section 48 -701, et sue, as amended from time to time. Borrower shall immediately give notice to Lender of any notification or advice that Borrower may receive from any municipality or other third party of any intent or proposal to include all or any part of the Property in a Community Facilities District. Lender shall have the right to file a written objection to the inclusion of all or any part of the Property in a Community Facilities District, either in its own name or in the name of Borrower, and to appear at, and participate in, any hearing with respect to the formation of any such district. Section 18.37. Certain Matters Relating to Propeqy Located in the State of California. For purposes of this Section, the term "Cross - collateralized Borrowers" includes, without limitation, Fee Owner, Lessee and any Affiliates of Borrower that borrow from Lender. With respect to the Property which is located in the State of California, notwithstanding anything contained herein: (a) Power of Sale. Lender may deliver to Trustee a written declaration of an Event of Default and demand for sale which requests that Trustee record and serve a written notice of default and of election to cause the Property to be sold, and cause any or all of the Property to be sold under the power of sale granted by this Security Instrument in the manner hereinbelow specified in this Section. (i) Declaration of Default Acce tance. Lender shall (1) deliver to Trustee a written declaration of an Event of Default which recites facts which demonstrate Borrower's default, and a demand that Trustee sell the Property, and (2) deposit the Note and this Security Instrument, if required by law, with Trustee. Trustee shall accept Lender's declaration of an Event of Default as true and as demonstrative of Borrower's default, and shall record and serve a written notice of default and of election to cause the Property to be sold in the manner required by applicable law. (ii) Rescission of Notice of Default. Lender may rescind any notice of default at any time before Trustee's sale by executing a notice of rescission and recording it. The recordation of the notice will constitute a cancellation of any prior declaration of an Event of Default and demand for sale and of any acceleration of maturity of the Debt affected by any prior declaration or notice of an Event of Default. The exercise by Lender of the right of rescission will not constitute a waiver of any default then existing or subsequently occurring, or impair the right of Lender to execute other declarations of default and demand for sale, or notices of default and of election to cause the Property to be sold, nor otherwise affect the Note or this Security Instrument, or any of the rights, obligations or remedies of Lender or Trustee hereunder or under applicable law. (iii) Date of Trustee's Sale. If, after the expiration of any period of time provided by applicable law, Borrower's Event of Default has not been cured and Borrower's Debt has not been reinstated in the manner required by applicable law, Trustee shall establish a date for the sale of the Property and record and serve a notice of sale in the manner required by applicable law. 78