MCL HOLDINGS, INC./MERITAGE HOMES

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21. City's Blights 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: (a)City may in 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 City; may reconvey all or any part of the Property, consent to the snaking of any map or plot of the Land, join in granting any casement thereon, or join in any extension agreement of any agreement subordinating the lien or charge hereof. 22. Subordination. Absent the prior written consent of City, this Deed of Truss: shall not be subordinated to any other deed of trust or encumbrance on the Property,except a First Lien, as allowed by the Affordable Housing Resale Restrictions. 23. Request for Notice. City requests that copies of any notice of default and notice of sale affecting the Property be sent to City at its address set forth herein. City shall record a Request for Notice of Default and Sale. 24. Notices.All notices,requests, demands,reports or other communications regarding this Deed. of Trust shall be, in writing and delivered: (i) personally; or (ii) by independent, mputable, overnight:commercial courier; or(iii) by deposit in the United States mail, postage and fees fully prepaid, registered or certified mail, with return receipt requested, and addressed as .follows,or to such other address as specified in written notice delivered to the parties pursuant to this Section: To Tiustor: At the Property address. To City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk Any notice that is personally delivered (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), shall be deemed received on the documented date of delivery thereof. 25. Successors Bound. The terms of this Deed of Trust shall be binding upon the Trustor and the Trustor's heirs, legatees, devisees, administrators, executors, successors and assigns, 26. Attorneys' Tees and Costs. If any legal action is filed to enforce or interpret this Deed of Trust, or the interpretation or enforcement thereof, the prevailing party shall be entitled to an award of its reasonable attorneys' fees, costs and expenses incurred therein. Page 59 Exhibit D 5 53 94.00101\43423 340.1