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Tru tor, in addition to the fair market value of Qualified Capital I pro veme n is core i stmt with the requirements of Section 2(f) hereof. (h) Determination of Sales Price; Appraisal. (i) Upon Sale of the Property. In the event of a proposed sale of the Property by Tru s for that does not conform to Section 3 herein, and not less than thirty days after Beneficiary r c i ire t u al notice of the opening of escrow in connection therewith, the Beneficiary may elect to appoint a certified, independent appraiser to conduct an appraisal of the Property, at Trustor" s expense, to assist Beneficiary in de term i n in g if the S ales Price is. at or n car the fair market value of the Property at such time. If the Sales Price is determined by the appraisal to be three percent (3%) or more below the Fair market value of the Property as estimated in said appraisal, then the "'Sales Price}' for purposes of determining the Contingent Equity Participation Amount shall be the fair market value of the Property established in said appraisal. (ii) Upon retina ncin g Failure to Occupy/Default. In the event of refinancing, failure to occupy the Property in accordance with Section 7 of the regiment, or an Ownership Default which causes the Note Amount including the Contingent Equity Participation Amount to become immediately due and payable, the "`Sales Prig" for purposes of determining the Contingent Equity Participation Amount shall be determined b y an appraisal of the Property. The Beneficiary shall appoint a certified independent appraiser to conduct an appraisal of the Property, at the Trustor's expense. The Trustor agrees that in such event the Contingent Equity Participation Amount shaJI be the Variable Applicable Factor multiplied by the difference between the Purchase Pri ec and "'Sales Prie e* � as established by the appraised value of the Property at the time of such refinancing, failure to occupy, or other Ownership Default f the Agreement. (i) Trustor's Acknowledgment of Contingent Equity Participation Amount. TRUST TRUSTOR ACKNOWLEDGES AND AGREES THAT UPON ALE, TRANSFER, OR REFINANCING F THE PROPERTY THAT DOES NOT COMPLY WITH SECTION J HEREIN, AND /Old UPON ANY OTHER DEFAULT THAT CAUSES AN EVENT OF ACCELERATION AS SET FORTH IN SECTION I. I RIE F, PRIOR TO THE F T - FIF]PH (45th) ANNIVERSARY OF THE RECORDATION DATE OF TMS AGENCY DEED OF TRUST, T, T U TOR SHALL PAY TO BENEFICURY IN ADDITION TO THE AGENCY LOAN AMOUNT, A CONTINGENT EQUITY PARTICIPATION AMOUNT E AL TO A PERCENTAGE HARE OF THE APPRECIATION OF THE PROPERTY T' A CALCULATED PURSUANT TO THIS SECTION 2. Trr tor's Initials: EXHIB YF C-6 TO ATTACHMENT NO. I 1 To Deed of Trust with Assignment of bents Rider to Deed of Trust DoO 14 00673 v 14 /20027 2-0001