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200507874
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200507874
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Last modified
10/17/2011 11:05:21 AM
Creation date
10/28/2005 11:51:36 AM
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DEEDS
Inst Number
200507874
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2005078'74 <br />(iii) Borrower waives its rights under California Civil Code Section 2815 and agrees that by <br />doing so Borrower has no right to revoke this Security Instrument until all obligations under the Loan <br />Documents have been fully satisfied. <br />(iv) Borrower waives its rights under California Civil Code Section 2819 and agrees that by <br />doing so Borrower's liability and the enforceability of this Security Instrument shall continue even if <br />Lender alters any term or obligation under the Loan Documents in any respect. <br />(v) Borrower waives its rights under California Civil Code Section 2839 and agrees that by <br />doing so (A) its obligations under this Security Instrument shall not be deemed satisfied by a mere offer of <br />payment by the Cross - collateralized Borrowers, or any other person, of the principal obligations under the <br />Loan Documents, and (B) Borrower's liability under and the enforceability of this Security Instrument shall <br />continue until all obligations under the Loan Documents have been fully satisfied. <br />(vi) Borrower waives all benefits and defenses it may have under California Civil Code <br />Sections 2845, 2849 and 2850, including, without limitation, the right to require Lender to (A) proceed <br />against the Cross - collateralized Borrowers, any guarantor, other surety, other pledgor of collateral for the <br />obligations under the Loan Documents or any other person related to the obligations under the Loan <br />Documents, (B) proceed against or exhaust any other security or collateral Lender may hold, or (C) pursue <br />any other right or remedy for Borrower's benefit, and agree that Lender may foreclose against all or a part <br />of any security Lender may hold without taking any action against the Cross - collateralized Borrowers, any <br />guarantor, other surety, other pledgor of collateral for the obligations under the Loan Documents or any <br />other person related to the obligations outstanding under the Loan Documents, and without proceeding <br />against or exhausting any security or collateral Lender holds. <br />(vii) Borrower waives its rights under California Civil Code Sections 2899 and 3433 and <br />agrees that by doing so Lender has no obligation regarding the order in which Lender exercises its remedies <br />against any collateral security encumbered pursuant to any of the Loan Documents. <br />(viii) Borrower waives diligence and all demands, protests, presentments and notices of every <br />kind or nature, including notices of protest, dishonor, nonpayment, acceptance of this Security Instrument <br />and creation, renewal, extension, modification or accrual of any of the obligations under the Loan <br />Documents. Borrower also waives the right to plead all statutes of limitation as a defense to Borrower's <br />liability under, or the enforceability of, this Security Instrument. <br />(ix) Borrower waives any rights or benefits it may have by reason of California Code of Civil <br />Procedure Section 580a which could limit the amount which Lender could recover in a foreclosure of the <br />Property to the difference between the amount owing under the Loan Documents and the fair value of the <br />Property or other real property sold at a nonjudicial foreclosure sale or sales of any other real property held <br />by Lender as security for the obligations under the Loan Documents. <br />(x) Borrower waives all rights and defenses arising out of an election of remedies by Lender, <br />even though that election of remedies, such as a nonjudicial foreclosure of the Property or any other real <br />property given to secure the obligations under the Loan Documents, destroys Borrower's rights of <br />subrogation and reimbursement against the Cross - collateralized Borrowers by the operation of Section <br />580d of the California Code of Civil Procedure or otherwise. <br />(o) Borrower Informed of the Cross- collateralized Borrowers' Condition. Borrower acknowledges <br />that it has had an opportunity to review the Loan Documents, the value of the security for the obligations under <br />the Loan Documents and the other Cross - collateralized Borrowers' financial condition and ability to satisfy the <br />obligations under the Loan Documents to which any of the other Cross - collateralized Borrowers is a party. <br />Borrower agrees to keep itself fully informed of all aspects of the other Cross - collateralized Borrowers' financial <br />condition and the performance of the other Cross - collateralized Borrowers' obligations to Lender and that Lender <br />
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