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partnership, any gen.ral 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 Borrower or the City after the Agency has given any notice that Borrower and /or the City are in default to the full extent of the rental income or other income retained and collected by Borrower and /or the 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 Borrower and /or the City other than in accordance with the Loan Documents after the giving of any notice referred to above; and (vi) 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. 5.21 Miscellaneous Provisions. (a) Beneficiary Statement. The Agency shall charge a fee of fifty dollars ($50) for furnishing the statement required by California Civil Code Section 2943. (b) Severability. 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. (c) Estoppel Certificate. When requested by the Agency from time to time, the Borrower and /or the City shall execute an estoppel certificate in favor of the Agency, which certificate shall certify as to the absence of any default by the Agency in the performance of its obligations hereunder or, if any such defaults exist, their existence as of the date of the certificate. (d) Set -off. Neither Borrower nor the City shall, under any circumstances, fail or delay to perform (or resist the enforcement of) any of its obligations to the Agency in connection with this Deed of Trust or any other contract, note or instrument executed by Borrower and /or the City in favor of the Agency because of any alleged offsetting claim or cause of action against the Agency (or any indebtedness or obligation of the Agency) which has not been confirmed in a final judgment of a court of competent jurisdiction (sustained on appeal, if any) against the Agency. Borrower and the City hereby waive any such rights of set -off (or offset) which it might otherwise have with respect to any such claims or causes of action against the Agency or any such CHFA 52P(RIDGE VIEW /SECOND) -13- 12/19/89 Q02253