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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) 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 thirty (30) days <br />after Beneficiary receives actual notice of the opening of escrow in connection therewith, the <br />Beneficiary may elect to appoint a certified, independent appraiser to conduct 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 (3%) 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 market value of the Property established in said <br />appraisal. <br />(ii.) Upon Refinancing/Failure to Occupy/Default. In the event of <br />refinancing, failure to occupy the Property in accordance with Section 7 of the Agreement, or an <br />Ownership Default which causes the Note Amount including the Contingent Equity Participation <br />Amount to become immediately due 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 Trustor's 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" as established by the appraised value of the <br />Property at the time of such refinancing, failure to occupy, or other Ownership Default of the <br />Agreement. <br />(i) Trustor's Acknowledgment of Contingent Equity <br />Participation Amount. <br />TRUSTOR ACKNOWLEDGES AND AGREES THAT UPON <br />SALE, TRANSFER, OR REFINANCING OF THE <br />PROPERTY THAT DOES NOT COMPLY WITH SECTION <br />3 HEREIN, AND/OR UPON ANY OTHER DEFAULT THAT <br />CAUSES AN EVENT OF ACCELERATION AS SET FORTH <br />IN SECTION 1. HEREOF, PRIOR TO THE FORTY-FIFTH <br />(45th) ANNIVERSARY OF THE RECORDATION DATE OF <br />THIS AGENCY DEED OF TRUST, TRUSTOR SHALL 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 APPRECIATION OF THE PROPERTY AS <br />CALCULATED PURSUANT TO THIS SECTION 2. <br />Trustor's Initials: <br />EXHIBIT C-6 TO ATTACHMENT NO. I 1 <br />To Deed of Trust with Assignment of Rents <br />Rider to Deed of Trust <br />DOCSOG 1 400673YI 4/200272-0001