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Q 9366161 <br /> or repair is not economically feasible or if a default <br /> exists after expiration of all applicable cure periods, the <br /> condemnation proceeds shall be applied to the sums secured <br /> by this Deed of Trust, with the excess, if any, paid to <br /> Trustor. In the event funds for such work are insufficient, <br /> Beneficiary may, at its option, advance such additional <br /> funds as may be necessary to allow the Property to be <br /> repaired or restored, and may add the amount thereof to the <br /> principal balance of the Note hereby secured. If the <br /> Property is abandoned by Trustor, or if Trustor fails to <br /> respond to Beneficiary within 30 days from the date notice <br /> that the condemning authority intends to settle the <br /> condemnation action is mailed by Beneficiary to Trustor, <br /> Beneficiary is authorized to collect and apply the <br /> condemnation proceeds at Beneficiary's option either to <br /> restoration or repair of the Property or to the sums secured <br /> by this Deed of Trust. <br /> 3. The first paragraph of Paragraph 11 of the Deed of Trust <br /> shall be modified to read as follows: <br /> That upon default by Trustor in payment of any indebtedness <br /> secured hereby or in the performance of any agreement <br /> hereunder, and after the expiration of all applicable notice <br /> and cure periods provided in the Note and after giving the <br /> investor limited partner of Trustor a copy of such notice <br /> and thirty days to cure the noticed default, Beneficiary may <br /> declare all sums secured hereby immediately due and payable <br /> by delivery to Trustee of written declaration of default and <br /> demand for sale and of written notice of default and of <br /> election to cause said property to be sold, which notice <br /> Trustee shall cause to be filed for record. Beneficiary <br /> also shall cause to be filed for record. Beneficiary also <br /> shall deposit with Trustee this Deed of Trust, said note and <br /> all documents evidencing expenditures secured hereby. <br /> 4. Notwithstanding anything to the contrary contained herein or <br /> in any documents secured by this Deed of Trust or contained in <br /> any subordination agreement, Beneficiary acknowledges and agrees <br /> that in the event of a foreclosure or deed -in -lieu of foreclosure <br /> (collectively, "Foreclosure with respect to the Property <br /> encumbered by this Deed of Trust, the following rule contained in <br /> Section 42(h)(6)(E)(ii) of the Internal Revenue Code of 1986, as <br /> amended (the "Code shall apply: <br /> For a period of three (3) years from the date of <br /> Foreclosure, with respect to any unit that had been <br /> regulated by the regulatory agreement with the California <br /> Tax Credit Allocation Committee, (i) none of the tenants <br /> occupying those units at the time of Foreclosure may be <br /> evicted or their tenancy terminated (other than for good <br /> ShFmDT.Rid(16) <br />