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Trustor, in addition to the fair market value of Qualified Capital Improvements consistent with <br />the requirements of Section 2(f) hereof. <br />(h) Determination of Sales Price; Appraisal. <br />i <br />Upon Sale of the Property. In the event of a proposed sale of the <br />Property by Trustor that does not conform to Section 3 herein, and not less than thlrly 3 days <br />after Beneficiary receives act gal notice of the opening of escrow in connection therewith, the <br />Beneficiary may elect to appoint a certified, independent appraiser to eonduet an appraisal of the <br />Property, at Trustor's expense, to assist Beneficiary in determining if the Sales Price is at or near <br />the fair market value of the Property at such time. If the Sales Price is determined by the <br />appraisal to be three percent /o or more below the fair market value of the Property as <br />estimated in said appraisal, then the "Sales Price" for purposes of determining the Contingent <br />Equity Participation Amount shall be the fair rrrar et value of the Property established in said <br />appraisal. <br />(ii) Upon Re nancin affin -e to Occupy Def ult. In the evert of <br />refinancing, failure to occupy the Property in accordance with Section 7 of the Agreement, or an <br />wnership De ault which causes the Note Aniou tit including the Cont i ng nt Equ ity Part ierpation <br />Anion t to become immediately dire and payable, the "Sales Price" for purposes of determining <br />the Contingent Equity Participation Amount shall be determined by an appraisal of the Property. <br />The Beneficiary shall appoint a certified independent appraiser to conduct an appraisal of the <br />Property, at the Tru t is expense. The Trustor agrees that in such event the Contingent Equity <br />Participation Amount shall be the Variable Applicable ]Factor multiplied by the difference <br />between the Purchase Price and "Sales Price's as established by the appraised value of the <br />Property at the time Of SLIch refinancing, failure to ccupy, or other Ownership Default f the <br />Agreement. <br />(i) Trustox•'s A.ckno ledgnient of Contingent Equity <br />Pailicipa ion Aniount. <br />TRUSTOR ACKNOWLEDGE S AND AGREES THAT UPON <br />SALE, TRANSFER, OR REFINANCING OF THE <br />PROPERTY THAT DOES NOT COMPLY WITH SECTION <br />HEREIN, AND/OR UPON ANY OTHER DEFAULT THAT <br />CA -USES AN EVENT OF ACCELERATION AS SET FORTH <br />IN SECTION 1, HEREOF, PRIOR TO THE FORTY-FIFTH <br />(45th) OF THE RECORDATION DATE OF <br />THIS AGENCY DEED OF TRUST, TRUST OR SHADE PAY <br />To BENEFICIARY IN ADDITION TO THE AGENCY <br />LOAN AMOUNT, A. CONTINGENT EQUITY <br />PARTICIPATION AMOUNT EQUAL TO A PERCENTAGE <br />SHARE OF THE APPRECI TION OF THIS PR PE RTY AS <br />CALCULATED PURSUANT TO THIS SECTION 2. <br />Ti4tistor's Initials: <br />EXHIBIT C-6 TO ATTACHMENT NO. I I <br />To Deed of Trust with Assignment of Rents <br />Rider to Deed of Trust <br />DOCSDC /I 400673v 13/200272-0001 <br />