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<br />amount so collected or any part thereof may be released to Trustor. Such application or release shall not
<br />cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
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<br />2. Late Payment. By accepting payment of any sum secured hereby after its due date,
<br />Beneficiary does not waive its right either to require prompt payment when due of all other sums so
<br />secured or to declare default for failure so to pay.
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<br />3. Release and Subordination. At any time or from time to time, without liability therefore and
<br />without notice, upon written request of Beneficiary and presentation of this Deed of Trust and Note for
<br />endorsement, and without affecting the personal liability of any person for payment of the indebtedness
<br />secured hereby, Trustee may reconvey all or any part of said property; consent to the making of any map
<br />or plat thereof; join in granting any easement thereon; or join in any extension agreement or any agreement
<br />subordinating the lien or charge hereof.
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<br />4. Reconveyance. Upon written request of Beneficiary stating that all sums secured hereby
<br />have been paid and/or forgiven, upon surrender of this Deed of Trust and the Note to Trustee for
<br />cancellation, and upon payment of its fees, Trustee shall reconvey, without warranty, the Property. The
<br />recitals in any reconveyance executed under this Deed of Trust of any matters or facts shall be conclusive
<br />proof of the truthfulness thereof.
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<br />5. Rents, Issues, and Profits. As additional security, Trustor hereby gives to and confers
<br />upon Beneficiary the right, power, and authority, during the continuance of these Trusts, to collect the rents,
<br />issues, and profits of the Property, reserving unto Trustor the right, prior to any default by Trustor in
<br />payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect
<br />and retain such rents, issues, and profits as they become due and payable. Upon any such default,
<br />Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a
<br />court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon
<br />and take possession of said property or any part thereof, in its own name sue for or otherwise collect such
<br />rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and
<br />expenses of operation and collection, including reasonable attorneys' fees, upon any indebtedness secured
<br />hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said
<br />property, the collection of such rents, issues, and profits, and the application thereof as aforesaid, shall not
<br />cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
<br />
<br />6. Notice. Except for any notice required under applicable law to be given in another manner,
<br />(a) any notice to Trustor provided for in this Deed of Trust shall be given by delivering it or by mailing such
<br />notice by certified mail return receipt requested addressed to Trustor at 3940 High Street, Oakland, CA
<br />94519, or at such other address as Trustor may designate by notice to Beneficiary as provided herein, and
<br />(b) any notice to Beneficiary shall be given by certified mail return receipt requested to Beneficiary's
<br />address stated herein or to such other address as Beneficiary may designate by notice to Trustor as
<br />provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to
<br />Trustor or Beneficiary when given in the manner designated herein 2 days after deposit into the United
<br />States Mail, or on the date when personally served on the Trustor or Beneficiary.
<br />
<br />7. Due On Sale without the Consent of Beneficiary. If the Property, any part of it, or interest
<br />in it is sold, or if Trustor agrees to sell, convey, or alienate said property, by operation of law or otherwise in
<br />violation of the transfer provisions of the Owner Participation Agreement, all obligations secured by this
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