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DEED OF TRUST <br />(Continued) Page 6 <br />Attorneys' Fees; Expenses. If Lender institutes any suitor action to enforce any of the terms of this Deed of Trust, Lender shall be enblled <br />to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is <br />involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lenders opinion are necessary at any time for <br />the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear <br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, <br />however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, <br />including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), <br />appeals, and any anticipated post -judgment collection services, the cost of searching records, obtaining title reports (including foreclosure <br />reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Trustor <br />also will pay any court costs, in addition to all other sums provided by law. <br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. <br />POWERS AND OBLIGATIONS OF TRUSTEE. The fallowing provisions relating to the powers and obligations of Trustee are part of this Deed of <br />Trust: <br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions <br />with respect to the Property upon the written request of Lender and Trustor: (a) join in preparing and filing a map or plat of the Real Property, <br />including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the Real <br />Property, and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of TrusL <br />Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or lien, or of any <br />action or proceeding in which Trustor, Lender, or Trustee shall be a party, unless the action or proceeding is brought by Trustee. <br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. in addition to the rights and remedies set forth <br />above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have <br />the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. <br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this <br />Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of San Mateo County, State <br />of California. The instrument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, <br />and Trustor, the book and page where this Deed of Trust is recorded, and the name and address of the successor trustee, and the instrument <br />shall be executed and acknowledged by Lender or its successors in interest. The successor tmstee, without conveyance of the Property, <br />shall succeed to all the title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for <br />substitution of Trustee shall govern to the exclusion of all other provisions for substitution. <br />Acceptance by Trustee. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as <br />provided by law. <br />NOTICES. Any notice required to be given under this Deed of Trust shall be given in writing, and shall be effective when actually delivered, when <br />actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, <br />when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the <br />beginning of this Deed of Trust. Trustor requests that copies of any notices of default and sale be directed to Trustor's address shown near the <br />beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be <br />sent to Lender's address, as shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of <br />Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice <br />purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there <br />is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors. <br />STATEMENT OF OBLIGATION FEE. Lender may collect a fee, not to exceed the maximum amount permitted bylaw, for furnishing the statement <br />of obligation as provided by Section 2943 of the Civil Code of California. <br />LEASING RESTRICTION. Borrower shall not enter into any lease for any portion of the Property with any lessee that sells marijuana (medical or <br />otherwise) or any other illicit drug prohibited under Federal law, or is otherwise engaged in a marijuana related business or marijuana related <br />activities. <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: <br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties <br />as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing <br />and signed by the party or parties sought to be charged or bound by the alteration or amendment. <br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon request, a certified <br />statement of net operating income received from the Property during Trustors previous fiscal year in such form and detail as Lender shall <br />require. "Net operating income" shall mean alt cash receipts from the Property less all cash expenditures made in connection with the <br />operation of the Property. <br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define <br />the provisions of this Deed of Trust. <br />Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at <br />any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. <br />Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal <br />law, the laws of the State of California without regard to its conflicts of law provisions. This Deed of Trust has been accepted by <br />Lender in the State of California. <br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of San Mateo County, <br />Slate of California. <br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing <br />and signed by Lender. No delay or omission on the part of Lender in exercising any fight shall operate as a waiver of such right or any other <br />