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5.20 Incorporation by Reference. If the indebtedness secured by this Deed of Trust is from the Rental Housing Construction Program in whole or in part, the provisions of the security instruments and the documents relating to the Rental Housing Construction Program, the Interagency Operating Agreement and the State Contract - CHFA Developments, Number are incorporated by reference as fully and to the same extent as though set out herein verbatim. CHFA 52P 6/1/88 V01642 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) Indemnification. Borrower will indemnify and hold the Agency, its officers and agents harmless against any and all losses, claims, demands, penalties and liabilities which the Agency, its officers or agents may sustain or suffer by reason of anything done or omitted in good faith pursuant to or in connection with this Deed of Trust and not assert any claim against the Agency, its officers or agents by reason of any action so taken or omitted. Borrower shall, at Borrower's expense, defend, indemnify, save and hold the Agency, its officers and agents harmless from any and all claims, demands, losses, expenses, damages (general, punitive or otherwise), causes of action (whether legal or equitable in nature) asserted by any person, firm, corporation or other entity arising out of this Deed of Trust and Borrower shall pay the Agency upon demand all claims, judgments, damages, losses or expenses (including reasonable legal expense) incurred by the Agency as a result of any legal action arising out of this Deed of Trust. (d) Estoppel Certificate. When requested by the Agency from time to time, the Borrower 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. (e) Set -off. Borrower shall not under any circumstances fail or delay to perform (or resist the enforcement of) any of its obligations to the Agency in connection with this -14-