AgdaPkt 2015-07-27 Joint SA and PFA

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7.3.A. - Page 47 Section 8.11. Entire Agreement This Deed of Trust, the Note and the Loan Agreement constitute the entire agreement of the Parties with respect to the subject matter hereof. There are no representations, promises, agreements or other understandings between the Parties relating to the subject matter of this Deed of Trust that are not expressed or specifically referenced herein. This Deed of Trust may be modified only by an instrument in writing executed by the Parties or their respective successors in interest. Unless the context clearly otherwise requires, any capitalized term used herein and not defined herein shall have the meaning given to it under the Loan Agreement. Section 8.12. Recordation The parties agree that this Deed of Trust shall be recorded against the Property. Section 8.13. Defense of Actions; Protection of Beneficiary's Security Trustor agrees to appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust, and /or any additional or other security for the obligations secured hereby, the interest of Beneficiary or the rights, powers and /or duties of Trustee hereunder; and to pay all costs and expenses, including cost of evidence of title and attorneys' fees in a reasonable sum, in any action or proceeding in which Beneficiary and /or Trustee may appear and in any suit brought by Beneficiary to foreclose this Deed of Trust. If Trustor fails to perform any of the covenants and agreements contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects Beneficiary's interest in the property, including but not limited to, default on or foreclosure of a prior deed of trust, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Beneficiary at Beneficiary's option, upon notice to Trustor, may make such claims, disburse such sums and take such action as is necessary to protect Beneficiary's interest including, but not limited to disbursements of reasonable attorneys' fees and entry upon the Property to make repairs. Section 8.14. Successor and Assigns Bound; Joint and Several Liability; Subordination The covenants and agreements contained in this Deed of Trust shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Beneficiary and Trustor. All covenants and agreements of Trustor shall be joint and several. The covenants and agreements contained in this Deed of Trust shall be subordinate to the lien of a first deed of trust recorded against the Property (i.e., recorded senior to any other deed of trust) and to any lien made senior pursuant to this Deed of Trust and shall not impair the rights of any institutional lender which is the maker of a loan secured by such senior deeds of trust, or such Beneficiary's assignee or successor in interest, to exercise its remedies under the deeds of trust in the event of default by Trustor. These remedies include the right to accept a deed or assignment in lieu of foreclosure. After such foreclosure, sale, or acceptance of deed in lieu of foreclosure, this Deed of Trust shall be forever terminated and shall have no further effect as to the Property or any transferee thereafter; provided, however, if the holder of such deed of trust acquires title to the Property pursuant to a deed or assignment in lieu of foreclosure, this Deed of Trust shall automatically terminate upon such acquisition of title only if (i) the Beneficiary has been given 30 -days written notice of delinquency and /or default under such senior deeds of trust (which requirement shall be satisfied by providing any notices of delinquency and /or default required under California Civil Code sections 2924 et seq.), and (ii) the Beneficiary shall not have cured OAK #4852 - 3988 -7653 v1 ATTY /RESO.3085 /CC RESO RWC FIRE SAFETY FIRST PILOT PROGRAM ATTACHMENT B -4 DEED OF TRUST REV: 07 -22 -15 VR Page 16 of 19