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the Agency, MBIA or Trustee, pursuant to the terms of this Deed of <br />Trust; <br />(b) Payment of such additional indebtedness, when <br />evidenced by a promissory note or notes reciting the same to be <br />secured by this Deed of Trust, together with interest, as the <br />Agency at its sole discretion may advance to Borrower, and /or the <br />City or their successors in interest, from time to time and <br />payment or performance of such other obligations as the then <br />record owner of the Property may agree to pay or perform when <br />evidenced by a promissory note or other instrument or agreement <br />reciting that it is secured hereby; and <br />(c) Performance and observance of all of the terms, <br />covenants and conditions to be performed or observed by Borrower <br />and /or the City under this Deed of Trust, the Note, that certain <br />document entitled "California Housing Finance Agency, Regulatory <br />Agreement, CHFA Development No. 87- 007 -N" (the "Regulatory <br />Agreement ") executed among the Borrower, the City and the Agency <br />and imposed on the Property and all the Loan Documents as such <br />term is defined in such Regulatory Agreement (all of which are the <br />"Secured Obligations "). <br />(d) Reimbursement or payment by Borrower and /or the City <br />to MBIA of liability, claims, losses, costs, damages, reasonable <br />attorneys fees and other expenses which MBIA may sustain or incur <br />by reason of or in consequence of any or all of the following: <br />(i) the failure of the Borrower and /or the City to <br />perform or comply with the covenants or conditions of the Secured <br />Obligations; <br />(ii) losses, claims, demands, penalties and <br />liabilities suffered by reason of anything done or omitted <br />pursuant to or in connection with the Secured Obligations or <br />arising out of or caused by the use of the proceeds of the loan <br />from the Agency to the Borrower; and <br />(iii) reliance upon representations, warranties and <br />covenants made by the Borrower in connection with the Secured <br />Obligations. <br />(iv) Interest shall be computed on all amounts due <br />under this subparagraph 3(d) at the Default Rate (as defined in <br />paragraph 5.10 hereof). <br />4. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, BORROWER <br />AND THE CITY AGREE: <br />CHFA 52P.RIDGE.VIEW.IST <br />01/06/90.Q02374 -3- <br />