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5.2 Sales a.sd Encumbrances Prohibited. Neither Borrower nor the City shall make any sale, assignment or conveyance, or transfer in any other form, nor any further pledge, encumbrance or mortgaging, of the Property, or any part thereof or of any of its interest therein, without the prior written consent of the Agency. In the event that the Property becomes encumbered by mortgage(s) or deed(s) of trust other than this Deed of Trust, then a default under such other mortgage(s) or deed(s) of trust shall constitute a default under this Deed of Trust. 5.3 Sale or Forebearance. No sale of the Property, forebearances on the part of the Agency or extension of the time for payment of the indebtedness hereby secured shall operate to release, discharge, waive, modify, change or affect the liability of Borrower and /or the City either in whole or in part. 5.4 Late Payment. The Agency's acceptance of late payment of any sum shall not constitute a waiver of its rights to require prompt payment when due of all other indebtedness, or to declare a default for any failure so to pay, or to proceed with foreclosure or sale for any other default then existing. The Agency's acceptance of partial payment of any sum after default shall not cure such default or affect any notice of default unless such notice of default is expressly revoked in writing by the Agency. 5.5 The Agency's Rights to Release. Without affecting the liability of any person for payment of any indebtedness hereby secured (other than any person released pursuant hereto), including without limitation any one or more endorsers or guarantors, and without affecting the lien hereof upon any of the Property not released pursuant hereto, at any time and from time to time without notice to Borrower but with notice to the City: (a) The Agency may, at its sole discretion, (i) release any person now or hereafter liable for payment of any or all such indebtedness, (ii) extend the time for or agree to alter the terms of payment of any or all of such indebtedness, and (iii) release or accept additional security for such indebtedness, or subordinate the lien or charge hereof; and (b) Trustee, acting pursuant to the written request of the Agency, may reconvey all or any part of the Property, consent to the making of any map or plat thereof, join in granting any easement thereon, or join in any such agreement of extension or subordination. 5.6 Reconvevance. Upon written request of the Agency stating that all sums and obligations secured hereby have been discharged, or otherwise as requested in writing by the Agency, and upon surrender of this Deed of Trust and the Note and any additional loan notes to Trustee for cancellation, and upon payment to Trustee of its fees and expenses, Trustee shall reconvey, without warranty, the Property or that part thereof then held hereunder. The recitals in any reconveyance shall be CHFA 52P(RIDGE VIEW /SECOND) -6- 12/19/89 Q02253