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assignments, agreements, powers and instruments, as any of them may reasonably require to
<br />keep valid and effective the charges and liens hereof, to carry into effect the purposes of this
<br />Deed of Trust or to better assure and confirm unto any of them their rights, powers and remedies
<br />hereunder; and, upon request by Beneficiary, shall supply evidence of fulfillment of each of the
<br />covenants herein contained concerning which a request for such evidence has been made.
<br />8.20. Waiver of Jury Trial.
<br />Unless prohibited by Federal, State or local laws, each party acknowledges that it is
<br />aware of and has had the advice of counsel of its choice with respect to its rights to trial by jury,
<br />and each party, for itself and its successors and assigns, does hereby expressly and knowingly
<br />waive and release all such rights to trial by jury in any action, proceeding or counterclaim
<br />brought by any party hereto against the other (and/or against its officers, directors, employees,
<br />agents, or subsidiary or affiliated entities) on or with regard to any matters whatsoever arising
<br />out of or in any way connected with this Deed of Trust and/or any claim of injury or damage to
<br />the fullest extent permitted by applicable law.
<br />8.21. Tax Credits.
<br />Beneficiary agrees that the lien of this Deed of Trust shall be subordinate to any extended
<br />low-income housing commitment (as such term is defined in Section 42(h)(6)(B) of the Internal
<br />Revenue Code) (the "Extended Use Agreement') recorded against the Security; provided that
<br />such Extended Use Agreement, by its terms, must terminate upon foreclosure under this
<br />Instrument or upon a transfer of the Security by instrument in lieu of foreclosure, in accordance
<br />with Section 42(h)(6)(E) of the Internal Revenue Code.
<br />Section 9. WAIVERS
<br />9.1. Waivers and Related Matters.
<br />(a) To the fullest extent allowed by law, Trustor hereby waives: (i)
<br />presentment, demand, protest, notice of dishonor, notice of protest and all other notices and
<br />demands of every kind, and all suretyship defenses of every kind that would otherwise be
<br />available in connection with this Deed of Trust, and (ii) all rights of redemption, valuation,
<br />appraisement, stay of executive, notice of election to mature or declare due the whole of the
<br />Obligation and marshaling in the event of foreclosure of the liens hereby created.
<br />(b) Truster hereby authorizes Beneficiary, at any time and from time to time
<br />without notice and without affecting this Deed of Trust in any way, to: (i) accept new or
<br />additional instruments, documents, agreements, security or guaranties in connection with all or
<br />any part of the Obligations; (ii) accept partial payments on the Obligations; and (iii) waive,
<br />release, reconvey, terminate, abandon, subordinate, exchange, substitute, transfer, compound,
<br />compromise, liquidate and enforce all or any part of the Obligations and any security or
<br />guaranties therefor, and apply any such security and direct the order or manner of sale thereof
<br />and bid and purchase at any such sale.
<br />(c) Truster hereby waives any right to require Beneficiary to (i) proceed
<br />against any person; (ii) proceed or exhaust any collateral held from any person; or (iii) pursue
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<br />Westview House
<br />City Rental Rehabilitation Program Deed of Trust
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