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cause), (ii) nor may any rent be increased except as <br />otherwise permitted under Section 42 of the Code. <br />5. Notwithstanding anything to the contrary in the Note, this <br />Deed of Trust or any other instrument evidencing or securing the <br />obligations of the Trustor under the Note, Beneficiary expressly <br />agrees that there shall be no personal liability of the Trustor, <br />or its partners if Trustor is a partnership, under the Note, this <br />Deed of Trust or any other instrument given to evidence or secure <br />the obligations of the Trustor, or its partners if Trustor is a <br />partnership, under the Note. The liability of the Trustor, and <br />its partners if Trustor is a partnership, shall be strictly and <br />absolutely limited to the property conveyed by this Deed of Trust <br />and the rents, profits, issues, products and proceeds thereof. <br />In the event a default occurs under the Note or with respect to <br />the indebtedness evidenced by the Note, Beneficiary shall not <br />seek any judgment for a deficiency against the Trustor, or the <br />partners if Trustor is a partnership, legal representatives, <br />successors or assigns of the Trustor. Nothing in this paragraph <br />shall preclude Beneficiary from foreclosing the lien of this Deed <br />of Trust and shall not apply to any losses incurred by <br />Beneficiary as a result of Trustor's application of security <br />deposits, insurance proceeds or condemnation awards in a manner <br />prohibited by the Loan documents, waste or willful damage to the <br />Property, or fraud or willful misrepresentation under or in <br />connection with the Loan. <br />6. The due on sale clause shall not apply to (i) a transfer or <br />assignment from Ridge View Commons Associates, a California <br />Limited Partnership to its current general partner or to Eden <br />Housing, Inc. or an affiliate of Eden Housing, Inc., or (ii) the <br />encumbrances securing the loans approved by the Beneficiary. <br />7. This Deed of Trust and any renewals or extensions hereof <br />shall unconditionally be and remain at all times a lien on the <br />Project and property described herein junior and subordinate to <br />the lien or charge of the deed of trust executed by the Trustor <br />named herein for the benefit of the California Housing Finance <br />Agency ( "CHFA ") dated January 1, 1990, recorded January 12, 1990 <br />as series no. 90009860 and that Regulatory Agreement between the <br />Trustor and CHFA dated January 1, 1990, recorded January 12, 1990 <br />as series no. 90009858, which deed of trust and Regulatory <br />Agreement are modified by that Loan Modification Agreement <br />executed by the Trustor and CHFA, dated as of September 16, 1999, <br />and recorded concurrently herewith. <br />ShFoDT.Rid(17) <br />