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200507874 or by accepting the interest of Borrower subject to the lien of this Security Instrument, the successor remakes each of the representations and warranties in this Security Instrument and agrees to be bound by each covenant in this Security Instrument, including but not limited to any indemnity provision. (k) Financing Statement. This Security Instrument shall also constitute a financing statement pursuant to UCC §9502, and shall be filed as a fixture filing in the Official Records of the County Recorder of the County in which the Property is located and covers goods which are or are to become fixtures on the Property. (1) Border Zone Property. Borrower represents and warranties that the Property has not been designated as Border Zone Property under the provisions of California Health and Safety Code §25220 et seq. or any regulation adopted in accordance therewith and there has been no occurrence or condition on any real property adjoining or in the vicinity of the Property that is reasonably likely to cause the Property or any part thereof to be designated as Border Zone Property. (m) Waiver of Statutory Regulation. By initialing below, Borrower waives any right under California Civil Code §2954.10 or otherwise to prepay the Note, in whole or in part, without a Prepayment Charge (as described in Section 13.03 hereof). Borrower acknowledges that prepayment of the Note may result in Lender's incurring additional losses, costs, expenses, and liabilities, including, but not limited to, lost revenue and lost profits. Borrower therefore agrees to pay any prepayment charges on the terms and conditions provided herein, including, without limitation, upon any Event of Default attributable to the transfer or conveyance of any right, title, or interest in the Property. BORROWER AGREES THAT LENDER'S WILLINGNESS TO MAKE THE LOAN AT THE INTEREST RATE FOR THE TERM SET FORTH HEREIN CONSTITUTES ADEQUATE CONSIDERATION, GIVEN INDIVIDUAL WEIGHT BY BORROWER, FOR THIS WAIVER AND AGREEMENT. [Borrower's Initials] (n) Waivers. (i) Borrower waives all benefits and defenses it may have under California Civil Code Section 2809 and agrees that Borrower's liability pursuant to the Loan Documents may be larger in amount and more burdensome than that of the Cross - collateralized Borrowers. Borrower's liability under this Security Instrument shall continue until all sums due under the Loan Documents have been paid in full and shall not be limited or affected in any way by any impairment or any diminution or loss of value of any security or collateral for the obligations under the Loan Documents, from whatever cause, including, without limitation, Lender's failure to perfect a security interest in any such security or collateral or any disability or other defense of the Cross - collateralized Borrowers, any guarantor, other surety, or any pledgor of collateral for the obligations under the Loan Documents or any other person related to the Loan Documents. (ii) Borrower agrees that its liability under, and the enforceability of, this Security Instrument are absolute and are not contingent upon the genuineness, validity or enforceability of the Loan Documents or the availability of any defense to the Cross - collateralized Borrowers, any guarantor, other surety, other pledgor of collateral for the obligations under the Loan Documents or any other person related to the obligations under the Loan Documents. Borrower waives all benefits and defenses it may have under California Civil Code Section 2810 and agrees that Borrower shall be liable even if the Cross - collateralized Borrowers, any guarantor, other surety, other pledgor of collateral or any other person related to the obligations under the Loan Documents had no liability at the time of execution of the Loan Documents or later ceases to be liable. 83