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by Beneficiary to enforce this Deed of Trust discontinued at any time prior to five days before <br />sale of the Property pursuant to the power of sale contained in this Deed of Trust or at any time <br />prior to entry of a judgment enforcing this Deed of Trust if: (a) Trustor pays Beneficiary all sums <br />which would be then due under the Loan Documents if the Secured Obligations had no <br />acceleration provision; (b) Trustor cures all breaches of any other covenants or agreements of <br />Trustor contained in this Deed of Trust; ( c) Trustor pays all reasonable expenses incurred by <br />Beneficiary and Trustee in enforcing the covenants and agreements of Trustor contained in this <br />Deed of Trust, and in enforcing Beneficiary's and Trustee's remedies as provided herein, <br />including, but not limited to, reasonable attorney's fees; and ( d) Trustor takes such action as <br />Beneficiary may reasonably require to assure that the lien of this Deed of Trust, Beneficiary's <br />interest in the Property and Trustor's obligation to pay the sums secured by this Deed of Trust <br />shall continue unimpaired. Upon such payment and cure by Trustor, this Deed of Trust and the <br />obligations secured hereby shall remain in full force and effect as if no acceleration had <br />occurred. <br />Nothing contained in Sections 8.3 and 8.4 is intended to expand upon or limit the rights of <br />Trustor and Beneficiary under California law regarding Beneficiary's exercise of the power of <br />sale or Trustor's reinstatement rights. <br />9. Trustor's Waivers. To the fullest extent permitted by law, Trustor waives: (a) all <br />statutes of limitations as a defense to any action or proceeding brought against Trustor by <br />Beneficiary; (b) the benefit of all laws now existing or which may hereafter be enacted providing <br />for any appraisement, valuation, stay, extension, redemption or moratorium; (c) all rights of <br />marshalling in the event of foreclosure; and ( d) all presentments, demands for performance, <br />notices of nonperformance, protests, notices of protest, notices of dishonor, notices of acceptance <br />of this Deed of Trust and of the existence, creation, or incurring of new or additional <br />indebtedness, and demands and notices of every kind. <br />10. Miscellaneous Provisions. <br />10.1 Additional Provisions. The City Documents grant further rights to Beneficiary <br />and contain further agreements and affirmative and negative covenants by Trustor which apply <br />to this Deed of Trust and the Property. <br />10.2 Notices. Trustor requests that a copy of notice of default and notice of sale be <br />mailed to Trustor at the address set forth below. That address is also the mailing address of <br />Trustor as debtor under the UCC. Beneficiary's address set forth below is the address for <br />Beneficiary as secured party under the UCC. Except for any notice required under applicable <br />law to be given in another manner, all notices to be sent pursuant to this Deed of Trust shall be <br />made in writing, and sent to the parties at their respective addresses specified below or to such <br />other address as a party may designate by written notice delivered to the other parties in <br />accordance with this Section. All such notices shall be sent by: <br />a. personal delivery, in which case notice shall be deemed delivered upon <br />receipt; <br />2890663.1 17