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under this Deed of Trust securing any senior lender, eminent domain, insolvency, code enforcement, <br />or arrangements or proceedings involving a bankrupt or decedent, then the Beneficiary, at the <br />Beneficiary's option, upon notice to Trustor, may make such appearances, disburse such sums and <br />take such action as it determines necessary to protect the Beneficiary's interest, including, but not <br />limited to, disbursement of reasonable attorneys' fees and entry upon the Security to make repairs. <br />Any amounts disbursed by the Beneficiary pursuant to this paragraph, with interest thereon, <br />will become an indebtedness of Trustor secured by this Deed of Trust. Unless Trustor and the <br />Beneficiary agree to other terms of payment, such amount will be payable upon notice from the <br />Beneficiary to Trustor requesting payment thereof, and will bear interest from the date of <br />disbursement at the rate payable from time to time on outstanding principal under the Promissory <br />Note unless payment of interest at such rate would be contrary to applicable law, in which event such <br />amounts will bear interest at the highest rate permissible under applicable law. Nothing contained in <br />this paragraph will require the Beneficiary to insure any expense or take any action hereunder. <br />9. Inspection. The Beneficiary may make, or cause to be made, reasonable entries upon <br />and inspections of the Security during normal business hours; provided that the Beneficiary will give <br />Trustor reasonable notice of inspection. <br />10. Forbearance by the Beneficiary Not a Waiver. Any forbearance by the Beneficiary in <br />exercising any right or remedy will not be a waiver of the exercise of any such right or remedy. The <br />procurement of insurance or the payment of taxes or other liens or charges by the Beneficiary will <br />not be a waiver of the Beneficiary's right to accelerate the maturity of the indebtedness secured by <br />this Deed of Trust. <br />It. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and <br />cumulative to any other right or remedy under this Deed of Trust or any other document, or afforded <br />by law or equity, and may be exercised concurrently, independently or successively. <br />12. Successors and Assigns Bound. The covenants and agreements herein contained <br />shall bind, and the rights hereunder shall inure to, the respective successors and assigns of the <br />Beneficiary and Trustor subject to the provisions of this Deed of Trust. <br />13. Joint and Several Liability. All covenants and agreements of Trustor shall be joint <br />and several. <br />14. Notice. Except for any notice required under applicable law to be given in another <br />manner, (a) any notice to Trustor provided for in this Deed of Trust will be given by certified mail, <br />return receipt requested, addressed to Trustor at Vista Del Rio Housing Partners LP, c/o Foundation <br />for Affordable Housing V, Inc.,30950 Rancho Viejo Road, Suite 1.00, San Juan Capistrano, CA <br />92675, with a copy to Enterprise Community Investment, Inc., 10227 Wincopin Circle, Suite 800, <br />Columbia, Maryland 21044, Attention: General Counsel, and (b) any notice to the Beneficiary will <br />be given by certified mail, return receipt requested, to the Beneficiary at 20 Civic Center Plaza, P.O. <br />Box 1988, Santa Ana, California 92702, Attention: City Manager, or at such other address as the <br />Beneficiary may designate by notice to Trustor as provided above. Notice shall be effective as of the <br />date received by the Beneficiary as shown on the return receipt. <br />15. Governing Law. This Deed of Trust shall be governed by the laws of the State of <br />California. <br />C -4 <br />DOCSOC/1475221 v1 0/200272-0004 <br />