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09/04/2009 11:56 209-95`62 CPB& r• PAGE 08
<br /> DEED OF TRUST
<br /> Loan Nb: 10055409 (Continued) Page 7
<br /> require. "Nal operating Income' Shan mean all cash receipts from Iha Property less all cash expenditures made In Connection with the
<br /> operation of the Property.
<br /> Arbitration. Tmslor and Lander agree that all disputes,claims and controversies between them whether Individual,joint,or Class In
<br /> nature, arlaing from this Deed of Trust or otherwlse,Including without llmhation contract and tort disputes, shall be arbitrated
<br /> Pursuant to the Rules of the American Arbitration Assoclelion In effect of me time the claim Is filed,upon request of either party. No
<br /> act to take or dispose of any Properly shall constitute a wartier a Ihls arbitration agreement or be pronrmted by this arbltrollon
<br /> agreement. TM1Ia Includes,without limitation,omalnin9 Injundgve repel or a temporary restraining order; Invoking a power of sale
<br /> under any deed of treat or niorigoge; obtaining a writ of aDachmenI or Imposition of a receiver;or exercising-any rights relating Is
<br /> personal properly, Includingtaking or disposing of such property with or without judlClol process pursuant to Article 9 0! the
<br /> Uviform Commercial Cede. Any disputes,Claims, or CDAIre4erAlea concerning the lawfulness or feaeonablerle9a of any act, or
<br /> exercise of any right,concerning any.Property,Including any claim la rescind,reform,or Otherwise modify any agreement relating to
<br /> the property,shall also be Arbitrated,provided however that no arbitrator shell have the right or the power to enjoin or restrain any
<br /> act of any party. Truslor and Lender agree that In the event of en action for Judicial foreclosure pursuant to California Code of Civil
<br /> Procedure Section 726;or any similar provision In any other stale,the Commencement of such an action will not constitute a waiver
<br /> of the right to arbitrate and the court Shall rater to arbitration as much of such action, Including counfercialma,as lawfully may be
<br /> refe . Judgment
<br /> on any
<br /> Nothing In thisd to j Deadnat Trust shell p preclude award party from seeking equitablerrelief from entered be court of compete 1 jurlacourt nicllon1c1The
<br /> sfaluta of limitations,estoppel;waiver,Inches,and similar doctrines Which would olherwlse be applicable In an ecllon brought by e
<br /> party when be applicable In any arbitration proceeding,and the commencement of an arbitration proceeding shall be deemed the
<br /> commencement of on action for these purposes. The Federal Arbltrdtion Act shall apply to the construction, Interpretation,and
<br /> enforcement of this arbitration provision.
<br /> Caption Heading& Caption headings In this Deed of Trust are for Convenlance purposes only and are not to be used to Interpret or define
<br /> the provisions of this Dead of Trust.
<br /> Merger. There shell be no merger at the Interest Or eslale,craeled by this Dead of Trust wnh any other Interest or astafe in the Propary at
<br /> any time hold by or for the benefit of Lender In any capacity,wilbaul the wdtien consent of Lander,
<br /> governing Law, 171118 Deed of Trus;will be governed by,conslilled antl enforced In accordance with federal law and the laws of the
<br /> State 0 California. This Deed of Trust has been accepted by Linder In the Stole of California.
<br /> No Waiver by Lender. Lander Shen not be dadmad to have waived any rights under this Deed of Trust unless such waiver Is given In
<br /> writing and signed by Lander, No delay or omisslon on Iha ped of Lander In exercising any right Shan operate as a wavier of such right or
<br /> any other right. A waiver by Lander of A provision of this Dead Of Trust shell not prejudice w constitute a waiver of Lender's right oiharwiss
<br /> to demand strict campnance with that provision,or any other provision Of this Dead of Trust. No prier wailer by Lander, not any course of
<br /> - dealing between Lender and Trustor,shell constitute a waiver of any at Landers dghls or of any of Truslors obtigaltans as to any future
<br /> transoollons. Whenever the consent of Lender Is required under this Deed of Trust,the granting or such consent by Lender In any Insenco
<br /> shall not constitutecontinuing consent to subsequent Instances Where such consent is required and In all cases such consent may he.
<br /> granted a withheld In the solo discretion of Lender.
<br /> .. Severabillty. It a court of competent jurisdiction Anda any providon of this Deed of Trust to be Illegal,Invalid, or unenforceable as to any
<br /> crmumstanca,that finding Shan not make the offending Provlsien Illegal, Invalid,or unanlorcashle as to any other circumstance. If teasl6le,
<br /> the offending all be provision shelled comedeleted
<br /> d radfrom
<br /> this Deied so f Tr it becomes legal,valid end enforceable, It the offending provislon cannot be so
<br /> modified,g shall f t considered delated from this Dead of Trull. Unless otherwise mqulrad by law,the Illegafity,Invalidity,or unanforceabrity,
<br /> Of any provision of this Deed of Trust Shan not effect rho legality,validity Or enforceability of any other pravtslon of this Deed of Trust.
<br /> Successors and Assigns. Subject to uny Ilmnations listed In this bead at Trust on transfer at Truslnrs Inlarost,this Deed of Trust Shan he
<br /> binding upon and inure Io the benefit of the portals.their successom and assigns. If ownership of the Prop"becomes vested in a person
<br /> other than Truslor, Lender, without nonce to Trustor, may deal With Trustors successors wtih reference to this Dead of Trust and the
<br /> Indebtedness by way Of forbearance or axiansion without relaasind Traslor from the obligations or this Deed of Trust or Ilabnity under the
<br /> Indebtedness,
<br /> Time Is of the Essence. Time Is of the essence In the padomlancaiaf this Deed of Trust.
<br /> Waive Jury. All parties to this Deed of Trust hereby waNe Ih'e right to any Jury trial In any ecllon, proceeding, or Counterclaim
<br /> brought by any party against any other party.
<br /> DEFINITIONS. The IDeowing capltalliod words and terms shell have trio IlIlolowing meanings when used In this Deed at Trust. Unless specifically
<br /> staled to the conhary. Ail references to dollar amounts shah moan omaubto In lawful money of the United States of America. Wards and terms
<br /> used In the singular shall Include the plural,and the plural shah Include(t�9 singular,as the context may require. Words and terms not otherwise
<br /> defined In Ihls Deed Of Trust shag have the meanings attributed to such to In the Uniform Commercial Code:'
<br /> Beneficiary..The word"DAnaficlary"means Community Bank of SorYJeaquin,and Its successors and assigns.
<br /> Borrower. The word"BWQW9P means Wbrord Properties,LLC and. eludes an co-slgnars end comakers signing the Nota.
<br /> Deed or Trust, The words"DAad of Trust"mean this Deed of Trusllamorlp Truelor,Lander,and Trustee,and Includes without limitation all
<br /> assignment and security Interest provisions relating to the Personal Plop"and Rents.
<br /> Default. The word'De1euir means the Default set faith In this Dead of Trust In the section tilled"Oefaull"-
<br /> E:nvironmental Laws. The words "Environmental Lowe mean any and all stela, federal.and taco;statutes, regulANons and ordinances
<br /> Compg Ip the protection Liability
<br /> of humors health Drama environment,Ut, including without rlmllarton the Comprehanslvs Emdmnmantai Response,
<br /> Compensation, And f Igo$ Ac! of 198D, es smandad, 42 U,S.C..Sactiun 9801, el sari, ("CERCLA�, the Suporfund AmandmanLq and
<br /> Resource Conerlmlion ACL of 1an6 pub.L.No.99-499("SARA"),'the Ha2afdous Materials Transportation Act,49 U.S.C.SacRon 1801, at son.,the
<br /> Resource Conservsllon end Racovery Act, 42 U.S.C.Section$901,of seq.,ChaPlars 8.S through 7.7 of Division 20 of tha'Canfornla Health
<br /> And Safety Code,Section 25100,of seq.,or other applicable state or jaderai laws,rules,or raguteffons adopted pursuant himmmio,
<br /> !II[IIIIIIIiiIIlil[IIiIIIIiIII[IIiiI[Illll�lllllllllll N�L°�""1"" �"rt �
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