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personally against the Borrower or, if the Borrower shall be a partnership, any partner of the Borrower or the City, but shall be enforced only against the Property and such other or further security as, from time to time, may be hypothecated to secure the Note or Deed of Trust; provided, however, that nothing contained in the foregoing limitation of liability shall (a) limit or impair the enforcement against all such security for the Note or this Deed of Trust of all the rights and remedies of the Lenders, or (b) be deemed in any way to impair the right of the Agency to enforce the Note or this Deed of Trust as a demand for money within the meaning and intendment of Section 431.70 of the California Code of Civil Procedure or any successor provision thereto. The foregoing limitation of liability is intended to apply only to the obligation for the repayment of the principal of, and payment of interest on the Note and Deed of Trust nothing contained therein is intended to relieve the Borrower and, if Borrower is a partnership, any general partner of Borrower, or the City, of liability for (i) fraud or willful misrepresentation; (ii) the failure to pay taxes, assessments or other charges which may create liens on the Property that are payable or applicable prior to any foreclosure under the Deed of Trust (to the full extent of such taxes, assessments or other charges); (iii) the retention of any rental income or other income arising with respect to the Property collected by the Borrower and /or the City after the Agency has given any notice that the Borrower and /or City are in default to the full extent of the rental income or other income retained and collected by the Borrower and /or City after the giving of any such notice; (iv) the fair market value as of the time of the giving of any notice referred to in subparagraph (iii) above of any personal property or fixtures removed or disposed of by the Borrower and /or the City other than in accordance with the Loan Documents after the giving of any notice referred to above; and (v) the misapplication of any proceeds under any insurance policies or awards resulting from condemnation or the exercise of the power of eminent domain or by reason of damage, loss or destruction to any portion of the Property. 6.7 Beneficiary Statement. The Lenders shall charge a fee of fifty dollars ($50) for furnishing the statement required by California Civil Code Section 2943., 6.8 Severabilitv. If any provision of this Deed of Trust shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired. 6.9 Indemnification. Borrower and the City shall indemnify and hold MBIA, their officers and agents harmless against any and all losses, their officers or agents may sustain or suffer by reason of anything done or omitted in good faith CHFA 52P.RIDGE.VIEW.1ST 01/06/90.Q02374 -15-