NORTH BROADWAY HOUSING PARTNERS LP (3)

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with the sale under any notice of default and election to sell theretofore given by Beneficiary, or with respect to any unpaid balance of the indebtedness secured hereby. The acceptance by Beneficiary of any sum in an amount less than the sum then due shall not constitute a waiver of the obligation of Trustor to pay the entire sum then due. Trustor's failure to pay the entire sum then due shall continue to be a default, notwithstanding the acceptance of partial payment, and, until the entire sum then due shall have been paid, Beneficiary or Trustee shall at all times be entitled to declare a default and to exercise all the remedies herein conferred, and the right to proceed with a sale under any notice of default and election to sell shall in no way be impaired, whether or not such amounts are received prior or subsequent to such notice. No delay or omission of Trustee or Beneficiary in the exercise of any other right or power hereunder shall impair such right or power or any other right or power nor shall the same be construed to be a waiver of any default or any acquiescence therein. 2.18. Suits to Protect Property. Trustor agrees to appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or any additional or other security for the obligations secured, the interest of Beneficiary of the rights, powers and duties of Trustee, and to pay all costs and expenses, including without limitation, cost of evidence of title and reasonable attorneys' fees, in any action or proceeding in which Beneficiary or Trustee may appear to be made a party, including, but not limited to, foreclosure or other proceeding commenced by those claiming a right to any part of the Property under subordinate liens, in any action to partition or condemn all or part of the Property, whether pursued to final judgment, and in any exercise of the power of sale in this Deed of Trust, whether the sale is actually consummated. 2.19. Title to Real Property. Trustor lawfully possesses and holds a leasehold interest in the Property under the Ground Lease, and fee simple title to all of the Improvements, and Obligor owns good and marketable fee simple title to the Property. Grantor owns all of the beneficial and equitable interest in and to the Real Property, and is lawfully seized and possessed of the Property. Grantor has the right and authority to convey the Property and does hereby convey the Property with general warranty. The Property is subject to no Encumbrances other than the Permitted Encumbrances. 2.20. Title to Improvements Trustor has good title to the Improvements and any other Security (aside from the Property), and such other Security is not subject to any Encumbrance other than the Permitted Encumbrances. 2.21 Leases and Tenants. The Ground Lease is valid and in full force and effect, and Trustor is not in default under any of the terms thereof. Except as expressly permitted in the Loan Agreement, Trustor has not accepted any rents in advance of the time the same became due under the leases and has not forgiven, compromised or discounted any of the rents. Trustor has title to and the right to assign the Ground Lease, all other leases, and rents to Beneficiary, and no other assignment of the 13 WISEPIace Permanent Supportive Housing City HOME -ARP Deed of Trust