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2oioos34� <br />disposition of personal property security held from any Obligor or any other person; (D) take any action <br />or pursue any ather remedy in 8eneficiary's power; or (E) make any presentment or demand for <br />performanc�, or give any natice of nonperformance, protest, notice of protest ar notice of dishonor <br />hereunder or in connectinn with any obligations or evidences of indebtedness held by Beneficiary as <br />security for or which constitute in whole or in part the Secured Obligations, or in connection with the <br />creation of new or additional obligations. <br />(ii) Each Third Party Trustor waives any defense ta its abligations hereunder based upon or arising by <br />reasan of: (A) any disability or other defens� of any Obligor or any other person; (B) the cessation or <br />limitation from any cause whatsaever, other than payment in full, of any Secured Obligation; (C) any lack <br />of authority of any officer, directar, partner, agent or any other person acting or purporting to act on <br />behalf of any Obligor which is a corporation, partnership ar other type of entity, or any defect in the <br />formation af any such Obligor; (D) the application by any Obligor of the proceeds of any Secured <br />Obligation for purposes other than the purposes represented by any Obligor to, or intended or <br />understood by, Beneficiary or any Third Party Trustor; (�) any act ar omission by Beneficiary which <br />directly or indirectly results in or aids the discharge of any Obligor or any por#ion of any Secured <br />Obligation by operation nf law or atherwise, or which in any way impairs or suspends any rights or <br />remedies of Beneficiary against any Obligor; (F) any impairment of the value af any interest in any <br />security far the Secured Obligations or any portion thereof, including without limitation, the failure to <br />obtain or maintain perfection or recordation of any interest in any such security, the release of any such <br />security without substitution, and/or the failure to preserve the value of, qr to comply with applicable law <br />in disposing pf, any such security; (G) any modification of any Secured Obligation, in any form <br />whatsoever, including without limitation the renewal, extension, acceleration or other change in time for <br />payment of, or other change in the terms of, any Secured Obligation or any portion thereaf, including <br />increase or decreas� of the rate of interest thereon; or (H) any requirement that Beneficiary give any <br />notice of acceptance of this Deed of Trust. Until all Secured Obligations shall have been paid in full, no <br />Third Party Trustor shall have any right of subrogation, and each 1'hird Party Trustor waives any right to <br />enforce any remedy which Beneficiary now has or may hereafter have against any Obligor or any other <br />person, and waives any benefit of, or any right to participate in, any security now or hereafter hEld by <br />Beneficiary. Each Third Party Trustar further waives all rights and defenses it may have arising out of: <br />(1) any election of remedies by Beneficiary, even though that election of remedies, such as a non- <br />judicial foreclosure with respect to any security far any portion of the Secured Obligations, destroys such <br />Third Party Trustor's rights of subrogation or such 7hird Party Trustor's rights to proceed against any <br />Obligor for reimbursement; or (2) any loss of rights any Third Party Trustor may suffer by reason of any <br />rights, powers or remedies of any Obligor in connection with any anti-deficiency laws or any ather laws <br />limiting, qualifying ar discharging any Obligor's obligations, whether by operation pf law or otherwise, <br />including any rights any Third Party Trustor may have to a fair market value hearing to determine the <br />size of a deficiency following any trustee's foreclosure sale ar other disposition of any security far any <br />portion of the Secured Obligations. <br />(iii) If any qf said waivers is determined to be contrary to any applicable law or public policy, such waiuer <br />shall be effective to the extent permitted by applicable law or public policy. <br />4.19 A�Ilon of Unit,Owners. The follawing provisions apply if the Real Property has been submitted <br />to unit ownership law or similar law for the establishment of condominiums or cooperative ownership of <br />the Real Property: ' <br />(a) Power of A rne . Trustor/Grantor grants an irrevocable power of attorney to Beneficiary and <br />Trustee to vote in Beneficiary's and Trustee's discretion pn any matter that may come before the <br />association of unit owners. Beneficiary and Trustee shall have the right to exercise this power of <br />attorney only after Trustor's/Grantor's default; however, Beneficiary and Trust�e may decline to exercise <br />DeedOfTrust-N� Job 1550608450-1310239188 Lpan Vers.1 12/03/2010 Page 11 of 19 <br />