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from Beneficiary and shall be protected with respect to any payment of Rents made pursuant to
<br />such notice, irrespective of whether a dispute exists between Trustor and Beneficiary with respect
<br />to the existence of a default or the rights of Beneficiary hereunder. Any such tenant shall not be
<br />required to investigate or determine the validity or accuracy of such notice or the validity or
<br />enforceability of this assignment. Trustor hereby agrees to indemnify, defend, and hold any such
<br />tenant harmless from and against any and all losses, claims, damages or liabilities arising from or
<br />related to any payment of Rents by such tenant made in reliance on and pursuant to such notice.
<br />10. Default and Foreclosure. Upon default by Trustor in payment or performance of
<br />any Secured Obligation, subject to any applicable notice and cure period, Beneficiary may declare
<br />all sums secured immediately due and payable by delivery to Trustee of a declaration of default
<br />and demand for sale and of a notice of default and of a notice of sale, which notice Trustee shall
<br />cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed of Trust, said
<br />note or notes, and all documents evidencing expenditures secured by this Deed of Trust. Upon
<br />default of any obligation secured by this Deed of Trust and acceleration of all sums due,
<br />Beneficiary may instruct Trustee to proceed with a sale of the Property under the power of sale
<br />granted in this Deed of Trust, noticed and held in accordance with California Civil Code
<br />Sections 2924, et seq., as such statutes may be amended from time to time. Trustor waives all
<br />rights it may have to require marshaling of assets or to require sales of assets in any particular
<br />order, including any rights under California Civil Code Sections 2899 and 3455.
<br />11. Substitution of Trustee. Beneficiary, or any successor in ownership of any
<br />indebtedness secured hereby, may from time to time, by instrument in writing, substitute a
<br />successor or successors to any Trustee named herein or acting hereunder, which instrument
<br />executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of
<br />the county or counties where the Property is situated, shall be conclusive proof of proper
<br />substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee
<br />predecessor, succeed to all its title, estate, rights, powers, and duties. Said instrument must contain
<br />the name of the original Trustor, Trustee, and Beneficiary hereunder, the book and page where this
<br />Deed of Trust is recorded, and the name and address of the new Trustee.
<br />12. Successors and Assigns. This Deed of Trust applies to, inures to the benefit of, and
<br />binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors, and
<br />assigns. The term "Beneficiary" shall mean the owner and holder, including pledgees, of the
<br />secured note or notes, whether or not named as Beneficiary herein.
<br />13. Trustee Acceptance. Trustee accepts this trust when this Deed of Trust, duly
<br />executed and acknowledged, is made a public record as provided by law. Trustee is not obligated
<br />to notify any party hereto of pending sale under any other deed of trust or of any action or
<br />proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee.
<br />14. Further Assurances. Trustor shall, at its own cost and expense, do, execute,
<br />acknowledge, and deliver all and every such further acts, deeds, conveyances, mortgages,
<br />assignments, notices of assignments, transfers, and assurances as Trustee or Beneficiary shall from
<br />time to time reasonably require, for better assuring, conveying, assigning, transferring, and
<br />confirming unto Trustee the Property and rights hereby conveyed or assigned or intended now or
<br />REV: 05-07-25 LF
<br />ATTY/AGR.2025.100.2/HE=ART-SV (417 Stambauah - Deed of Trust) (Pane 4 of 10)
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