ex1023oasismultifamdeed






                                                                         EXHIBIT 10.23                                                  Certified to be a true and correct  Prepared by, and after recording               copy as the same appears in our  return to:                                     files.                                                 By   '7"' ~lfvZX?u/\..  Jeremy M. McLean, Esquire  Troutman Sanders LLP  P.O. Box 1122  Richmond, VA23218                           MULTIFAMILY DEED OF TRUST,                             ASSIGNMENT OF RENTS                           AND SECURITY AGREEMENT                                    COLORADO                                  (Revised 3-1-2014)  





 






                                              Freddie Mac Loan No. 504021303                                                                  The Oasis                        MULTIFAMILY DEED OF TRUST,                           ASSIGNMENT OF RENTS                         AND SECURITY AGREEMENT                                 COLORADO                                (Revised 3-1-2014)  THIS MULTIFAMILY   DEED  OF TRUST, ASSIGNMENT   OF RENTS  AND  SECURITY  AGREEMENT   ("Instrument") is made to be effective as of this 31st day of July, 2018, by  STAR  OASIS, LLC, a limited liability company organized and existing under the laws of  Delaware, whose address is c/o Steadfast Companies, 18100 Von Karman Avenue, Suite 500,  Irvine, California 92612, as trustor ("Borrower"), to the Public Trustee of El Paso County, as  trustee ("Trustee"), for the benefit of PNC BANK, NATIONAL ASSOCIATION, a national  banking association, whose address is 26901 Agoura Road, Suite 200, Calabasas Hills,  California 91301, Attention: Loan Servicing Manager, as beneficiary ("Lender"). Borrower's  organizational identification number, if applicable, is 5624510.                                  RECITAL  Borrower, in consideration of the Indebtedness and the trust created by this Instrument,  irrevocably grants, conveys and assigns to Trustee, in trust, with power of sale, all right, title and  interest of the Borrower in the Mortgaged Property, including the Land located in El Paso  County, State of Colorado and described in Exhibit A attached to this Instrument.                                 AGREEMENT  TO  SECURE  TO LENDER   the  repayment of the Indebtedness evidenced by Borrower's  Multifamily Note payable to Lender, dated as of the date of this Instrument, and maturing on  August 1, 2028 ("Maturity Date") in the principal amount of$39,740,000.00, and all renewals,  extensions and modifications of the Indebtedness, and the performance of the covenants and  agreements of Borrower contained in the Loan Agreement or any other Loan Document.  Borrower represents and warrants that Borrower is lawfully seized of the Mortgaged Property  and has the right, power and authority to grant, convey and assign the Mortgaged Property, and  that the Mortgaged Property is unencumbered, except as shown on the schedule of exceptions to   coverage in the title policy issued to and accepted by Lender contemporaneously with the  execution and recordation of this Instrument and insuring Lender's interest in the Mortgaged   Property (the "Schedule of Title Exceptions"). Borrower covenants that Borrower will warrant   and defend generally the title to the Mortgaged Property against all claims and demands, subject   to any easements and restrictions listed in the Schedule of Title Exceptions.     Colorado   Multifamily Deed of Trust, Assignment of Rents   and Security Agreement  





 






                         UNIFORM COVENANTS                               (Revised 5-5-2017)   Covenants. In consideration of the mutual promises set forth in this Instrument, Borrower and  Lender covenant and agree as follows:  1.   Definitions. The following terms, when used in this Instrument (including when used in       the above recitals), will have the following meanings and any  capitalized term not       specifically defined in this Instrument will have the meaning ascribed to that term in the       Loan Agreement:       "Attorneys' Fees and Costs" means (a) fees and out-of-pocket costs of Lender's and       Loan Servicer' s attorneys, as applicable, including costs of Lender's and Loan Servicer' s       in-house counsel, support staff costs, costs of preparing for litigation, computerized       research, telephone and facsimile transmission expenses, mileage, deposition costs,       postage, duplicating, process service, videotaping and similar costs and expenses;       (b) costs and fees of expert witnesses, including appraisers; (c)  investigatory fees; and (d)        the costs for any opinion required by Lender pursuant to the terms of the Loan       Documents.       "Borrower" means all Persons identified as "Borrower" in the first paragraph of this       Instrument, together with their successors and assigns.       "Business Day" means any day other than a Saturday, a Sunday or any other day on       which Lender or the national banking associations are not open for business.       "Event of Default" means the occurrence of any event described in Section 8.       "Fixtures" means all property owned by Borrower which is attached to the Land or the       Improvements so as to constitute a fixture under applicable law, including: machinery,       equipment, engines, boilers, incinerators and installed building materials; systems and       equipment for the purpose of supplying or distributing heating, cooling, electricity, gas,       water, air or light; antennas, cable, wiring and conduits used in connection  with radio,       television, security, fire prevention or fire detection or otherwise used to carry electronic       signals; telephone systems and equipment; elevators and related machinery and       equipment; fire detection, prevention and extinguishing systems and apparatus; security       and access control systems and apparatus; plumbing systems; water heaters, ranges,       stoves, microwave ovens, refrigerators, dishwashers, garbage disposers, washers, dryers       and other appliances; light fixtures, awnings, storm windows and storm doors; pictures,       screens, blinds, shades, curtains and curtain rods; mirrors; cabinets, paneling, rugs and       floor and wall coverings; fences, trees and plants; swimming pools; and exercise       equipment.       "Governmental Authority" means any board, commission, department, agency or body       of any municipal, county, state or federal governmental unit, or any subdivision of any of       them, that has or acquires jurisdiction over the Mortgaged Property, or the use, operation       or improvement of the Mortgaged Property, or over Borrower.    Colorado                                                           Page2  Multifamily Deed of Trust, Assignment of Rents  and Security Agreement  





 






      "Ground Lease" means the lease described in the Loan Agreement pursuant to which        Borrower leases the Land, as such lease may from time to time be amended, modified,        supplemented, renewed and extended.         "Improvements" means the buildings, structures, improvements now constructed or at        any time in the future constructed or placed upon the Land, including any future        alterations, replacements and additions.         "Indebtedness" means the principal of, interest at the fixed or variable rate set forth in        the Note on, and all other amounts due at any time under, the Note, this Instrument or any        other Loan Document, including prepayment premiums, late charges, default interest, and        advances as provided in Section 7 to protect the security of this Instrument.         "Land" means the land described in Exhibit A.         "Leasehold Estate" means Borrower's interest in the Land and any other real property        leased by Borrower pursuant to the Ground Lease, if applicable, including all of the        following:    ·               (a)   All rights of Borrower to renew or extend the term of the Ground Lease.               (b)   All amounts deposited by Borrower with Ground Lessor under the Ground                    Lease.       ·               (c)   Borrower's right or privilege to terminate, cancel, surrender, modify or                    amend the Ground Lease.               (d)   All other options, privileges and rights granted and demised to Borrower                    under the Ground Lease and all appurtenances with respect to the Ground                    Lease .                          ..        "Leases" means all present and future leases, subleases, licenses, concessions or grants or        other possessory interests now or hereafter ih force, whether oral or written, covering or        affecting the Mortgaged Property, or any portion of the Mortgaged Property (including        proprietary leases or occupancy agreements if Borrower is a cooperative housing        corporation), and all modifications, extensions or renewals.         "Lender" means the entity identified as "Lender" in the first paragraph of this        Instrument, or any subsequent holder of the Note.         "Loan Agreement" means the Multifamily Loan and Security Agreement executed by        Borrower in favor of Lender and dated as of the date of this Instrument, as such        agreement may be amended from time to time.         "Loan Documents" means the Note, this Instrument, the Loan Agreement, all guaranties,        all indemnity agreements, all collateral agreements, UCC filings, O&M Programs, the        MMP and any other documents now or in the future executed by Borrower, any guarantor        or any other Person in connection with the loan evidenced by the Note, as such        documents may be amended from time to time.    Colorado                                                                 Page3  Multifamily Deed of Trust, Assignment of Rents  and Security Agreement  





 






     "Loan Servicer" means the entity that from time to time is designated by Lender or its       designee to collect payments and deposits and receive Notices under the Note, this        Instrument and any other Loan Document, and otherwise to service the loan evidenced by       the Note for the benefit of Lender. Unless Borrower receives Notice to the contrary, the        Loan Servicer is the entity identified as "Lender" in the first paragraph of this Instrument.         "Mortgaged Property" means all of Borrower's present and future right, title and        interest in and to all of the following:               (a)   The Land, or, if Borrower's interest in the Land is pursuant to a Ground                    Lease, the Ground Lease and the Leasehold Estate.               (b)   The Improvements.               (c)   The Fixtures.               (d)   The Personalty.               (e)   All current and future rights, including air rights, development rights,                    zoning rights and other similar rights or interests, easements, tenements,                    rights of way, strips and gores of land, streets, alleys, roads, sewer rights,                    waters, watercourses and appurtenances related to or benefiting the Land                    or the Improvements, or both, and all rights-of-way, streets, alleys and                    roads which may have been or may in the future be vacated.               (t)   All proceeds paid or to be paid by any insurer of the Land, the                    Improvements, the Fixtures, the Personalty or any other part of the                    Mortgaged Property, whether or not Borrower obtained the insurance                    pursuant to Lender's requirement.               (g)   All awards, payments and other compensation made or to be made by any                    municipal, state or federal authority with respect to the Land, the                    Improvements, the Fixtures, the Personalty or any other part of the                    Mortgaged Property, including any awards or settlements resulting from                    condemnation proceedings or the total or partial taking of the Land, the                    Improvements, the Fixtures, the Personalty or any other part of the                    Mortgaged Property under the power of eminent domain or otherwise and                    including any conveyance in lieu thereof.               (h)   All contracts, options and other agreements for the sale of the Land, or the                    Leasehold Estate, as applicable, the Improvements, the Fixtures, the                    Personalty or any other part of the Mortgaged Property entered into by                    Borrower now or in the future, including cash or securities deposited to                    secure performance by parties of their obligations.               (i)   All proceeds from the conversion, voluntary or involuntary, of any of the                    items described in subsections (a) through (h) inclusive into cash or                    liquidated claims, and the right to collect such proceeds.               (j)   All Rents and Leases.   Colorado                                                                 Page4  Multifamily Deed of Trust, Assignment of Rents  and Security Agreement  





 






            (k)   All earnings, royalties, accounts receivable, issues and profits from the                    Land, the hnprovements or any other part of the Mortgaged Property, and                    all undisbursed proceeds of the loan secured by this Instrument.               (I)   All hnposition Reserve Deposits.               (m)   All refunds or rebates of Impositions by Governmental Authority or                    insurance company (other  than refunds applicable to periods before the                    real property tax year in which this Instrument is dated).               (n)   All tenant security deposits which have not been forfeited by any tenant                    under any Lease and any bond or other security in lieu of such deposits.               (o)   All names under or by which any of the above Mortgaged Property may                    be operated or known, and all trademarks, trade names, and goodwill                    relating to any of the Mortgaged Property.               (p)   If required by the terms of Section 4.05 of the Loan Agreement, all rights                    under the Letter of Credit and the Proceeds, as such Proceeds may                    increase or decrease from time to time.               (q)   If the Note provides for interest to accrue at a floating or variable rate and                    there is a Cap Agreement, the Cap Collateral.         "Note" means the Multifamily Note or Notes (including any Amended and Restated        Note(s), Consolidated, Amended and Restated Note(s), or Extended and Restated        Note(s)) executed by Borrower in favor of Lender and dated as of the date of this        Instrument, including all schedules, riders, allonges and addenda, as such Multifamily        Note(s) may be amended, modified and/or restated from time to time.         "Notice" or "Notices" means all notices, demands and other communication required        under the Loan Documents,  provided in accordance with the requirements of        Section 11.03 of the Loan Agreement.         "Person" means any natural person, sole proprietorship, corporation, general partnership,        limited partnership, limited liability company, limited liability partnership, limited        liability limited partnership, joint venture, association, joint stock company, bank, trust,        estate, unincorporated organization, any federal, state, county or municipal government        (or  any agency or political subdivision thereof), endowment fund or any other form of        entity.        "Personalty" means all of the following:         (a)   Accounts (including deposit accounts) of Borrower related to the Mortgaged              Property.         (b)   Equipment and inventory owned by Borrower, which are used now or in the              future in connection with the ownership, management or operation of the Land or              Improvements or are located on the Land or Improvements, including furniture,              furnishings, machinery, building materials, goods, supplies, tools, books, records    Colorado                                                                 Pages  Multifamily Deed of Trust, Assignment of Rents  and Security Agreement  





 






          (whether in written or electronic form) and computer equipment (hardware and            software).       (c)  Other tangible personal property owned by Borrower which is used now or in the            future in connection with the ownership, management or operation of the Land or            Improvements or is located on the Land or in the Improvements, including ranges,            stoves, microwave ovens, refrigerators, dishwashers, garbage disposers, washers,            dryers and other appliances (other  than Fixtures).       (d)  Any operating agreements relating to the Land or the Improvements.       (e)  Any surveys, plans and specifications and contracts for architectural, engineering            and construction services relating to the Land or the Improvements.        (f)  All other intangible property, general intangibles and rights relating to the            operation of, or used in connection with, the Land or the Improvements, including            all governmental permits relating to any activities on the Land and including            subsidy or similar payments received from any sources, including a Governmental            Authority.       (g)  Any rights of Borrower in or under letters of credit.       "Property Jurisdiction" means the jurisdiction in which the Land is located.        "Rents" means all rents (whether from residential or non-residential space), revenues and       other income of the Land or the Improvements, parking fees, laundry and vending       machine income and fees and charges for food, health care and other services provided at       the Mortgaged Property, whether now due, past due or to become due, and deposits       forfeited by tenants, and, if Borrower is a cooperative housing corporation or association,       maintenance fees, charges or assessments payable by shareholders or residents under       proprietary leases or occupancy agreements, whether now due, past due, or to become       due.       "Taxes" means all taxes, assessments, vault rentals and other charges, if any, whether       general, special or otherwise, including all assessments for schools, public betterments       and general or local improvements, which are levied, assessed or imposed by any public       authority or quasi-public authority, and which, if not paid, will become a Lien on the       Land or the Improvements.  2.   Uniform Commercial Code Security Agreement.        (a)   This Instrument is also a security agreement under the Uniform Commercial Code             for any of the Mortgaged Property which, under applicable law, may be subjected             to a security interest under the Uniform Commercial Code, for the purpose of             securing Borrower's obligations under this Instrument and to further secure             Borrower's obligations under the Note, this Instrument and other Loan             Documents, whether such Mortgaged Property is owned now or acquired in the             future, and all products and cash and non-cash proceeds thereof (collectively,              "UCC Collateral"), and by this Instrument, Borrower grants to Lender a security             interest in the UCC Collateral. To the extent necessary under applicable law,             Borrower hereby authorizes Lender to prepare and file financing statements,   Colorado                                                          Page6  Multifamily Deed of Trust, Assignment of Rents  and Security Agreement  





 






            continuation statements and financing statement amendments in such form as              Lender may require to perfect or continue the perfection of this security interest.         (b)   Unless Borrower gives Notice to Lender within 30 days after the occurrence of              any of the following, and executes and delivers to Lender modifications or              supplements of this Instrument ( and any financing statement which may be filed              in connection with this Instrument) as Lender may require, Borrower will not              (i) change its name, identity, structure or jurisdiction of organization; (ii) change              the location of its place of business (or  chief executive office if more than one              place of business); or (iii) add to or change any location at which any of the              Mortgaged Property is stored, held or located.         ( c)  If an Event of Default has occurred and is continuing, Lender will have the              remedies of a secured party under the Uniform Commercial Code, in addition to              all remedies provided by this Instrument or existing under applicable law. In              exercising any remedies, Lender may exercise its remedies against the UCC              Collateral separately or together, and in any order, without in any way affecting              the availability of Lender's other remedies.         ( d)  This Instrument also constitutes a financing statement with respect to any part of              the Mortgaged Property that is or may become a Fixture, if permitted by              applicable law.   3.    Assignment of Rents; Appointment of Receiver; Lender in Possession.         (a)   As part of the consideration for the Indebtedness, Borrower absolutely and              unconditionally assigns and transfers to Lender all Rents.               (i)   It is the intention of Borrower to establish a present, absolute and                    irrevocable transfer and assignment to Lender of all Rents and to authorize                    and empower Lender to collect and receive all Rents without the necessity                    of further action on the part of Borrower.               (ii)  Promptly upon request by Lender, Borrower agrees to execute and deliver                    such further assignments as Lender may from time to time require.                    Borrower and Lender intend this assignment of Rents to be immediately                    effective and to constitute an absolute present assignment and not an                    assignment for additional security only.               (iii) For purposes of giving effect to this absolute assignment of Rents, and for                    no other purpose, Rents will not be deemed to be a part of the Mortgaged                    Property. However, if this present, absolute and unconditional assignment                    of Rents is not enforceable by its terms under the laws of the Property                    Jurisdiction, then the Rents will be included as a part of the Mortgaged                    Property and it is the intention of Borrower that in this circumstance this                    Instrument create and perfect a Lien on Rents in favor of Lender, which                    Lien will be effective as of the date of this Instrument.         (b)   (i)   Until the occurrence of an Event of Default, Lender hereby grants to                    Borrower a revocable license to collect and receive all Rents, to hold all                    Rents in trust for the benefit of Lender and to apply all Rents to pay the   Colorado                                                                 Page7  Multifamily Deed of Trust, Assignment of Rents  and Security Agreement  





 






                 installments of interest and principal then due and payable under the Note                   and the other amounts then due and payable under the other Loan                   Documents, including Imposition Reserve Deposits, and to pay the current                   costs and expenses of managing, operating and maintaining the Mortgaged                   Property, including utilities, Taxes and insurance premiums (to the extent                   not included in Imposition Reserve Deposits), tenant improvements and                   other capital expenditures.             (ii)  So long as no Event of Default has occurred and is continuing, the Rents                   remaining after application pursuant to the preceding sentence may be                   retained by Borrower free and clear of, and released from, Lender's rights                   with respect to Rents under this Instrument.             (iii) After the occurrence of an Event of Default, and during the continuance of                   such Event of Default, Borrower authorizes Lender to collect, sue for and                   compromise Rents and directs each tenant of the Mortgaged Property to                   pay all Rerits to, or as directed by, Lender. From and after the occurrence                   of an Event of Default, and during the continuance of such Event of                   Default, and without the necessity of Lender entering upon and taking and                   maintaining control of the Mortgaged Property directly, or by a receiver,                   Borrower's license to collect Rents will automatically terminate and                   Lender will without Notice be entitled to all Rents as they become due and                   payable, including Rents then due and unpaid. Borrower will pay to                   Lender upon demand all Rents to which Lender is entitled.             (iv)  At any time on or after the date of Lender's demand for Rents, Lender                   may give, and Borrower hereby irrevocably authorizes Lender to give,                   notice to all tenants of the Mortgaged Property instructing them to pay all                   Rents to Lender. No tenant will be obligated to inquire further as to the                   occurrence or continuance of an Event of Default. No tenant will be                   obligated to pay to Borrower any amounts which are actually paid to                   Lender in response to such a notice. Any such notice by Lender will be                   delivered to each tenant personally, by mail or by delivering such demand                   to each rental unit. Borrower will not interfere with and will cooperate                   with Lender's collection of such Rents.        (c)  If an Event of Default has occurred and is continuing, then Lender will have each             of the following rights and may take any of the following actions:             (i)   Lender may, regardless of the adequacy of Lender's security or the                   solvency of Borrower and even in the absence of waste, enter upon and                   take and maintain full control of the Mortgaged Property in order to                   perform all acts that Lender in its discretion determines to be necessary or                   desirable for the operation and maintenance of the Mortgaged Property,                   including the execution, cancellation or modification of Leases, the                   collection of all Rents, the making of Repairs to the Mortgaged Property                   and the execution or termination of contracts providing for the                   management, operation or maintenance of the Mortgaged Property, for the                   purposes of enforcing the assignment of Rents pursuant to Section 3(a),                   protecting the Mortgaged Property or the security of this Instrument, or for    Colorado                                                           Page 8  Multifamily Deed of Trust, Assignment of Rents  and Security Agreement  





 






                such other purposes as Lender in its discretion may deem necessary or                  desirable.             (ii) Alternatively, if an Event of Default has occurred and is continuing,                  regardless of the adequacy of Lender's security, without regard to                  Borrower's solvency and without the necessity of giving prior notice (oral                  or written) to Borrower, Lender may apply to any court having jurisdiction                  for the appointment of a receiver for the Mortgaged Property to take any                  or all of the actions set forth in the preceding sentence. If Lender elects to                  seek the appointment of a receiver for the Mortgaged Property at any time                  after an Event of Default has occurred and is continuing, Borrower, by its                  execution of this Instrument, expressly consents to the appointment of                  such receiver, including the appointment of a receiver ex parte if permitted                  by applicable law.             (iii) If Borrower is a housing cooperative corporation or association, Borrower                  hereby agrees that if a receiver is appointed, the order appointing the                  receiver may contain a provision requiring the receiver to pay the                  installments of interest and principal then due and payable under the Note                  and the other amounts then due and payable under the other Loan                  Documents, including Imposition Reserve Deposits, it being                  acknowledged and agreed that the Indebtedness is an obligation of                  Borrower and must be paid out of maintenance charges payable by                  Borrower's tenant shareholders under their proprietary leases or                  occupancy agreements.             (iv) Lender or the receiver, as the case may be, will be entitled to receive a                  reasonable fee for managing the Mortgaged Property.             (v)  Immediately upon appointment of a receiver or immediately upon                  Lender's entering upon and taking possession and control of the                  Mortgaged Property, Borrower will surrender possession of the Mortgaged                  Property to Lender or the receiver, as the case may be, and will deliver to                  Lender or the receiver, as the case may be, all documents, records                  (including records on electronic or magnetic media), accounts, surveys,                  plans, and specifications relating to the Mortgaged Property and all                  security deposits and prepaid Rents.             ( vi) If Lender takes possession and control of the Mortgaged Property, then                  Lender may exclude Borrower and its representatives from the Mortgaged                  Property.             Borrower acknowledges and agrees that the exercise by Lender of any of the             rights conferred under this Section 3 will not be construed to make Lender a             mortgagee-in-possession of the Mortgaged Property so long as Lender has not             itself entered into actual possession of the Land and Improvements.       (d)   If Lender enters the Mortgaged Property, Lender will be liable to account only to             Borrower and only for those Rents actually received. Except to the extent of             Lender's gross negligence or willful misconduct, Lender will not be liable to             Borrower, anyone claiming under or through Borrower or anyone having an   Colorado                                                          Page9  Multifamily Deed of Trust, Assignment of Rents  and Security Agreement  





 






            interest in the Mortgaged Property, by reason of any act or omission of Lender              under Section 3(c), and Borrower hereby releases and discharges Lender from any              such liability to the fullest extent permitted by law.         (e)   If the Rents are not sufficient to meet the costs of taking control of and managing              the Mortgaged Property and collecting the Rents, any funds expended by Lender              for such purposes will become an additional part of the Indebtedness as provided              in Section 7.         (f)   Any entering upon and taking of control of the Mortgaged Property by Lender or              the receiver, as the case may be, and any application of Rents as provided in this              Instrument will not cure or waive any Event of Default or invalidate any other              right or remedy of Lender under applicable law or provided for in this Instrument.   4.    Assignment of Leases; Leases Affecting the Mortgaged Property.          (a)  As  part of the consideration for the Indebtedness, Borrower absolutely and              unconditionally assigns and transfers to Lender all of Borrower's right, title and               interest in, to and under the Leases, including Borrower's right, power and               authority to modify the terms of any such Lease, or extend or terminate any such               Lease.               (i)   It is the intention of Borrower to establish a present, absolute and                     irrevocable transfer and assignment to Lender of all of Borrower's right,                     title and interest in, to and under the Leases. Borrower and Lender intend                     this assignment of the Leases to be immediately effective and to constitute                     an absolute present assignment and not an assignment for additional                     security only.                (ii)  For purposes of giving effect to this absolute assignment of the Leases,                     and for no other purpose, the Leases will not be deemed to be a part of the                     Mortgaged Property.                (iii) However, if this present, absolute and unconditional assignment of the                     Leases is not enforceable by its terms under the laws of the Property                     Jurisdiction, then the Leases will be included as a part of the Mortgaged                     Property and it is the intention of Borrower that in this circumstance this                     Instrument create and perfect a Lien on the Leases in favor of Lender,                     which Lien will be effective as of the date of this Instrument.          (b)   Until Lender gives Notice to Borrower of Lender's exercise of its rights under this               Section 4, Borrower will have all rights, power and authority granted to Borrower               under any Lease ( except as otherwise limited by this Section or any other               provision of this Instrument), including the right, power and authority to modify               the terms of any Lease cir extend or terminate any Lease. Upon the occurrence of               an Event of Default, and during the continuance of such Event of Default, the               permission given to Borrower pursuant to the preceding sentence to exercise all               rights, power and authority under Leases will automatically terminate. Borrower               will comply with and observe Borrower's obligations under all Leases, including               Borrower's obligations pertaining to the maintenance and disposition of tenant               security deposits.    Colorado                                                                Page 10   Multifamily Deed of Trust, Assigument of Rents   and Security Agreement  





 






     (c)   (i)   Borrower acknowledges and agrees that the exercise by Lender, either                   directly or by a receiver, of any of the rights conferred under this Section 4                   will not be construed to make Lender a mortgagee-in-possession of the                   Mortgaged Property so long as Lender has not itself entered into actual                    possession of the Land and the Improvements.               (ii) The  acceptance by Lender of the assignment of the Leases pursuant to                    Section 4(a) will not at any time or in any event obligate Lender to take                    any action under this Instrument or to expend any money or to incur any                    expenses.               (iii) Except to the extent of Lender's gross negligence or willful misconduct,                    Lender will not be liable in any way for any injury or damage to person or                    property sustained by any Person or Persons in or about the Mortgaged                    Property.               (iv)  Prior to Lender's actual entry into and taking possession of the Mortgaged                    Property, Lender will not be obligated for any of the following:                    (A)    Lender will not be obligated to perform any of the terms,                          covenants and conditions contained in any Lease ( or otherwise                          have any obligation with respect to any Lease).                    (B)    Lender will not be obligated to appear in or defend any action or                          proceeding relating to the Lease or the Mortgaged Property.                    (C)    Lender will not be responsible for the operation, control, care,                          management or repair of the Mortgaged Property or any portion of                          the Mortgaged Property. The execution of this Instrument by                          Borrower will constitute conclusive evidence that all responsibility                          for the operation, control, care, management and repair of the                          Mortgaged Property is and will be that of Borrower, prior to such                          actual entry and taking of possession.         (d)   Upon delivery of Notice by Lender to Borrower of Lender's exercise of Lender's              rights under this Section 4 at any time after the occurrence of an Event of Default,              and during the continuance of such Event of Default, and without the necessity of              Lender entering upon and taking and maintaining control of the Mortgaged              Property directly, by a receiver, or by any other manner or proceeding permitted              by the laws of the Property Jurisdiction, Lender immediately will have all rights,              powers and authority granted to Borrower under any Lease, including the right,              power and authority to modify the terms of any such Lease, or extend or terminate              any such Lease.         (e)   Borrower will, promptly upon Lender's request, deliver to Lender an executed              copy of each residential Lease then in effect.         (f)   If Borrower is a cooperative housing corporation or association, notwithstanding              anything to the contrary contained in this Instrument, so long as Borrower    Colorado                                                                Page 11  Multifamily Deed of Trust, Assignment of Rents  and Security Agreement  





 






            remains a cooperative housing corporation or association and is not in breach of              any covenant of this Instrument, Lender consents to the following:              (i)   Borrower may execute leases of apartments for a term in excess of 2 years                    to a tenant shareholder of Borrower, so long as ·such  leases, including                     proprietary leases, are and will remain subordinate to the Lien of this                    Instrument.              (ii)  Borrower may surrender or terminate such leases of apartments where the                     surrendered or terminated lease is immediately replaced or where                     Borrower makes its best efforts to secure such immediate replacement by                     a newly-executed lease of the same apartment to a tenant shareholder of                    Borrower. However, no consent is given by Lender to any execution,                     surrender, termination or assignment of a lease under terms that would                    waive or reduce the obligation of the resulting tenant shareholder under                     such lease to pay cooperative assessments in full when due or the                     obligation of the former tenant shareholder to pay any unpaid portion of                     such assessments.  5.    Prepayment  Premium. Borrower will be required to pay a prepayment premium in         connection with certain prepayments of the Indebtedness, including a payment made after        Lender's exercise of any right of acceleration of the Indebtedness, as provided in the        Note.   6.   Application of Payments. If at any time Lender receives, from Borrower or otherwise,         any amount applicable to the Indebtedness which is less than all amounts due and payable         at such time, then Lender may apply that payment to amounts then due and payable in         any manner and in any order determined by Lender, in Lender's discretion. Neither        Lender's acceptance of an amount that is less than all amounts then due and payable nor         Lender's application of such payment in the manner authorized will constitute or be         deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.        Notwithstanding the application of any such amount to the Indebtedness, Borrower's         obligations under this Instrument, the Note and all other Loan Documents will remain        unchanged.   7.    Protection of Lender's Security; Instrument Secures Future Advances.         (a)   If Borrower fails to perform any of its obligations under this Instrument or any               other Loan Document, or if any action or proceeding is commenced which               purports to affect the Mortgaged Property, Lender's security or Lender's rights               under this Instrument, including eminent domain, insolvency, code enforcement,               civil or criminal forfeiture, enforcement of Hazardous Materials Laws, fraudulent               conveyance or reorganizations or proceedings involving a bankrupt or decedent,               then Lender at Lender's option may make such appearances, file such documents,               disburse such sums and take such actions as Lender reasonably deems necessary               to perform such obligations of Borrower and to protect Lender's interest,               including all of the following:                (i)   Lender may pay Attorneys' Fees and Costs.     Colorado                                                                Page 12   Multifamily Deed of Trust, Assignment of Rents   and Security Agreement  





 






          (ii)  Lender may pay fees and out-of-pocket expenses of accountants,                  inspectors and consultants.            (iii) Lender may enter upon the Mortgaged Property to make Repairs or secure                  the Mortgaged Property.            (iv)  Lender may procure the Insurance required by the Loan Agreement.            (v)   Lender may pay any amounts which Borrower has failed to pay under the                  Loan Agreement.            (vi)  Lender may perform any of Borrower's obligations under the Loan                  Agreement.            (vii) Lender may make advances to pay, satisfy or discharge any obligation of                  Borrower for the payment of money that is secured by a Prior Lien.        (b)  Any  amounts disbursed by Lender under this Section 7, or under any other            provision of this Instrument that treats such disbursement as being made under            this Section 7, will be secured by this Instrument, will be added to, and become            part of, the principal component of the Indebtedness, will be immediately due and            payable and will bear interest from the date of disbursement until paid at the            Default Rate.       (c)  Nothing in this Section 7 will require Lender to incur any expense or take any            action.  8.   Events of Default. An Event of Default under the Loan Agreement will constitute an       Event of Default under this Instrument.  9.   Remedies Cumulative. Each right and remedy provided in this Instrument is distinct       from all other rights or remedies under this Instrument, the Loan Agreement or any other       Loan Document or afforded by applicable law or equity, and each will be cumulative and       may be exercised concurrently, independently or successively, in any order. Lender's       exercise of any particular right or remedy will not in any way prevent Lender from       exercising any other right or remedy available to Lender. Lender may exercise any such       remedies from time to time and as often as Lender chooses.  10.  Waiver of Statute of Limitations, Offsets, and Counterclaims. Borrower waives the       right to assert any statute of limitations as a bar to the enforcement of the Lien of this       Instrument or to any action brought to enforce any Loan Document. Borrower hereby       waives the right to assert a counterclaim, other than a compulsory counterclaim, in any       action or proceeding brought against it by Lender or otherwise to offset any obligations to       make the payments required by the Loan Documents. No failure by Lender to perform       any of its obligations under this Instrument will be a valid defense to, or result in any       offset against, any payments that Borrower is obligated to make under any of the Loan       Documents.    Colorado                                                          Page 13  Multifamily Deed of Trust, Assignment of Rents  and Security Agreement  





 






11.   Waiver of Marshalling.        (a)  Notwithstanding the existence of any other security interests in the Mortgaged             Property held by Lender or by any other party, Lender will have the right to             determine the order in which any or all of the Mortgaged Property will be             subjected to the remedies provided in this Instrument, the Note, the Loan             Agreement or any other Loan Document or applicable law. Lender will have the             right to determine the order in which any or all portions of the Indebtedness are             satisfied from the proceeds realized upon the exercise of such remedies.        (b)  Borrower and any party who now or in the future acquires a security interest in             the Mortgaged Property and who has actual or constructive notice of this             Instrument waives any  and all right to require the marshalling of assets or to             require that any of the Mortgaged Property be sold in the inverse order of             alienation or that any of the Mortgaged Property be sold in parcels or as an             entirety in connection with the exercise of any of the remedies permitted by             applicable law or provided in this Instrument.  12.   Further Assurances; Lender's Expenses.        (a)  Borrower will deliver, at its sole cost and expense, all further acts, deeds,             conveyances, assignments, estoppel certificates, financing statements or             amendments, transfers and assurances as Lender may require from time to time in             order to better assure, grant and convey to Lender the rights intended to be             granted, now or in the future, to Lender under this Instrument and the Loan             Documents or in connection with Lender's consent rights under Article VII of the             Loan Agreement.        (b)  Borrower acknowledges and agrees that, in connection with each request by             Borrower under this Instrument or any Loan Document, Borrower will pay all             reasonable Attorneys' Fees and Costs and expenses incurred by Lender, including             any fees payable in accordance with any request for further assurances or an             estoppel certificate pursuant to the Loan Agreement, regardless of whether the             matter is approved, denied or withdrawn. Any amounts payable by Borrower             under this Instrument or under any other Loan Document will be deemed a part of             the Indebtedness, will be secured by this Instrument and will bear interest at the             Default Rate if not fully paid within 10 days of written demand for payment.   13.  Governing Law; Consent to Jurisdiction and Venue. This Instrument, and any Loan        Document which does not itself expressly identify the law that is to apply to it, will be        governed by the laws of the Property Jurisdiction. Borrower agrees that any controversy        arising under or in relation to the Note, this Instrument or any other Loan Document may        be litigated in the Property Jurisdiction. The state and federal courts and authorities with        jurisdiction in the Property Jurisdiction will have jurisdiction over all controversies that        may arise under or in relation to the Note, any security for the Indebtedness or any other        Loan Document. Borrower irrevocably consents to service, jurisdiction and venue of such        courts for any such litigation and waives any other venue to which it might be entitled by        virtue of domicile, habitual residence or otherwise. However, nothing in this Section 13 is        intended to limit Lender's right to bring any suit, action or proceeding relating to matters        under this Instrument in any court of any other jurisdiction.    Colorado                                                          Page 14   Multifamily Deed of Trust, Assignment of Rents   and Security Agreement  





 






14.  Notice. All Notices, demands and other communications under or concerning this       Instrument will be governed by the terms set forth in the Loan Agreement.  15.  Successors and Assigns Bonnel. This Instrument will bind the respective successors and       assigns of Borrower and Lender, and the rights granted by this Instrument will inure to       Lender's successors and assigns.  16.  Joint and Several Liability. If more than one Person signs this Instrument as Borrower,       the obligations of such Persons will be joint and several.  17.  Relationship of Parties; No Third Party Beneficiary.       (a)   The relationship between Lender and Borrower will be solely that of creditor and             debtor, respectively, and nothing contained in this Instrument will create any             other relationship between Lender and Borrower. Nothing contained in this             Instrument will constitute Lender as a joint venturer, partner or agent of             Borrower, or render Lender liable for any debts, obligations, acts, omissions,             representations or contracts of Borrower.        (b)  No  creditor of any party to this Instrument and no other Person will be a third             party beneficiary of this Instrument or any other Loan Document. Without             limiting the generality of the preceding sentence, (i) any arrangement ("Servicing             Arrangement") between Lender and any Loan Servicer for loss sharing or             interim advancement of funds will constitute a contractual obligation of such             Loan Servicer that is independent of the obligation of Borrower for the payment             of the Indebtedness, (ii) Borrower will not be a third party beneficiary of any             Servicing Arrangement, and (iii) no payment by the Loan Servicer under any             Servicing Arrangement will reduce the amount of the Indebtedness.   18.  Severability; Amendments.       (a)   The invalidity or unenforceability of any provision of this Instrument will not             affect the validity or enforceability of any other provision, and all other provisions             will remain in full force and effect. This Instrument contains the entire agreement             among the parties as to the rights granted and the obligations assumed in this             Instrument.       (b)   This Instrument may not be amended or modified except by a writing signed by             the party against whom enforcement is sought; provided, however, that in the             event of a Transfer prohibited by or requiring Lender's approval under Article VII             of the Loan Agreement, some or all of the modifications to the Loan Documents             (if any) may be modified or rendered void by Lender at Lender's option by Notice             to Borrower and the transferee( s).    19.  Construction.       (a)   The captions and headings of the Sections of this Instrument are for convenience             only and will be disregarded in construing this Instrument. Any reference in this             Instrument to a "Section" will, unless otherwise explicitly provided, be construed             as referring to a Section of this Instrument.   Colorado                                                          Page 15  Multifamily Deed of Trust, Assignment of Rents  and Security Agreement  





 






      (b)   Any reference in this Instrument to a statute or regulation will be construed as              referring to that statute or regulation as amended from time to time.         (c)   Use of the singular in this Instrument includes the plural and use of the plural              includes the singular.         (d)   As used in this Instrument, the term "including" means "including, but not limited              to" and the term "includes" means "includes without limitation."         (e)   The use of one gender includes the other gender, as the context may require.         (f)   Unless the context requires otherwise any definition of or reference to any              agreement, instrument or other document in this Instrument will be construed as              referring to such agreement, instrument or other document as from time to time              amended, supplemented or otherwise modified (subject to any restrictions on such              amendments, supplements or modifications set forth in this Instrument).         (g)   Any reference in this Instrument to any person will be construed to include such              person's successors and assigns.   20.   Subrogation. If, and to the extent that, the proceeds of the loan evidenced by the Note, or        subsequent advances under Section 7, are used to pay, satisfy or discharge a Prior Lien,        such loan proceeds or advances will be deemed to have been advanced by Lender at        Borrower's request, and Lender will automatically, and without further action on its part,        be subrogated to the rights, including Lien priority, of the owner or holder of the        obligation secured by the Prior Lien, whether or not the Prior Lien is released.   21-30. Reserved.  31.   Acceleration; Remedies.         (a)   At any time during the existence of an Event of Default, Lender, at Lender's              option, may declare the Indebtedness to be immediately due and payable without              further demand, and may invoke the power of sale and any other remedies              permitted by Colorado law or provided in this Instrument, the Loan Agreement or              in any other Loan Document. Lender will be entitled to collect all costs and              expenses incurred in pursuing such remedies, Attorneys' Fees and costs and costs              of documentary evidence, abstracts and title reports.         (b)   If Lender invokes the power of sale, Trustee will give notice of sale in the manner              required by Colorado law to Borrower and to all other persons who are entitled to              receive such notice under Colorado law, and will sell the Mortgaged Property              according to Colorado law. Trustee may sell the Mortgaged Property at the time              and place and under the terms designated in the notice of sale in one or more              parcels and in such order as Trustee may determine. Trustee may postpone the              sale of all or any part of the Mortgaged Property by public announcement at the              time and place of any previously scheduled sale. Lender or Lender's designee              may purchase the Mortgaged Property at any sale. Trustee will deliver to the              purchaser at the sale Trustee's certificate describing the Mortgaged Property and              the time when the purchaser will be entitled to Trustee's deed to the Mortgaged   Colorado                                                                 Page 16  Multifamily Deed of Trust, Assignment of Rents  and Secnrity Agreement  





 






            Property. The recitals in Trustee's deed will be prima facie evidence of the truth              of the statements made in those recitals.         (c)   Trustee will apply the proceeds of the sale as prescribed by applicable law. If,              upon foreclosure of the Mortgaged Property pursuant to this Instrument, the              purchaser at the foreclosure sale has bid an amount less than the full Indebtedness              owed by Borrower and secured by this Instrument, then the full amount bid and              the full amount of the deficiency will bear interest at the Default Rate. Thereafter,              the deficiency, together with such interest, will be a continuing obligation of              Borrower for which Lender will be entitled to personal monetary judgment, to the              extent permitted under the Note and under Colorado law.   32.   Release. Upon payment of the Indebtedness, Lender will request Trustee to release this        Instrument and will deliver to Trustee the canceled Note. Trustee will release this        Instrument without further inquiry or liability. Borrower will pay all costs of recordation,        if any, of the release and will pay the statutory Trustee's fee.   33.   Waiver of Homestead. Borrower waives all right of homestead exemption in the        Mortgaged Property.  34.   WAIYER   OF TRIAL BY JURY.         (a)   BORROWER     AND  LENDER   EACH   COVENANTS    AND  AGREES   NOT              TO  ELECT   A  TRIAL  BY  JURY   WITH   RESPECT   TO  ANY   ISSUE              ARISING   OUT  OF  THIS   INSTRUMENT     OR  THE  RELATIONSHIP              BETWEEN    THE  PARTIES   AS BORROWER     AND   LENDER   THAT   IS              TRIABLE OF RIGHT BY A JURY.         (b)   BORROWER     AND  LENDER   EACH   WANES    ANY  RIGHT   TO TRIAL              BY JURY  WITH   RESPECT   TO  SUCH  ISSUE TO  THE  EXTENT   THAT              ANY SUCH RIGHT    EXISTS NOW OR IN THE     FUTURE. THIS  WAIYER                 OF RIGHT   TO  TRIAL  BY  JURY  IS SEPARATELY    GIVEN  BY  EACH              PARTY,  KNOWINGLY AND      VOLUNTARILY WITH      THE BENEFIT   OF              COMPETENT LEGAL COUNSEL.   35.   Attached Riders. The following Riders are attached to this Instrument:        CK]     Rider to Multifamily Security Instrument - Trade Names   36.   Attached Exhibits. The following Exhibits, if marked with an "X" in the space provided,        are attached to this Instrument:         CK]     Exhibit A    Description of the Land (required)        D       ExhibitB     Modifications to Instrument        D       Exhibit C    Ground Lease Description (if applicable)    Colorado                                                                Page 17  Multifamily Deed of Trust, Assignment of Rents  and Security Agreement  





 






IN WITNESS WHEREOF, Borrower has signed and delivered this Instrument or has caused this  Instrument to be signed and delivered by its duly authorized representative.               REMAINDER OF PAGE INTENTIONALLY LEFT BLANK    Colorado                                                                Page 18  Multifamily Deed of Trust, Assignment of Rents  and Security Agreement  





 






                                       BORROWER:                                          STAR OASIS, LLC, a Delaware limited liability                                            company                                          By: Steadfast Apartment Advisor, LLC, a                                             Delaware limited liability company, its                                             Manager                                               By:                                                  Ella. Neyland                                                  President    A notary public or other officer completing this   certificate verifies only the identity of the   individual who signed the document to which this   certificate is attached, and not the truthfulness,   accuracy, or validity of that document.   STATE OF ~===~------California  CITY/COUNTY OF ~O=r=an""g=e ___,  to-wit:         The foregoing instrument was acknowledged before me in the above-stated jurisdiction  this ___!l!!:!_ day of July      , 2018 by Ella S. Neyland who is President of Steadfast  Apartment Advisor, LLC, a Delaware limited liability company, manager of STAR Oasis, LLC,  a Delaware limited liability company, for and on behalf of the limited liability company.          My commission expires: _---'l--'0---'/0---'4'-'/2---'0--'l ~8 _____                         \AURIE SANDERS  '                      COMM.  #2084867  z                      Notary Public · California ~                         Orange County                    M Comm. Expires Oct. 4, 2018    Colorado                                                                    Page S-1  Multifamily Deed of Trust, Assignment of Rents  and Security Agreement  





 






             CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT   A notary public or other officer completing this certificate verifies only the identity  of the individual who signed the document to which this certificate is attached, and  not the truthfulness, accuracy, or validity of that document.   State of CALIFORNIA     )                           ss  County of Orange        )   On July 17, 2018, before me, Laurie Sanders, Notary Public, personally appeared Ella S.  Neyland, who proved to me on the basis of satisfactory evidence to be the person whose  name is subscribed to the within instrument and acknowledged to me that she executed  the same in her authorized capacity, and that by her signature on the instrument the  person or the entity upon behalf of which the person acted, executed the instrument.         I certify under PENALTY OF PERJURY under the laws of the State of California  that the foregoing paragraph is true and correct.                   LAURIE SANDERS            WITNESS my hand and official seal.                 COMM. #2084867 z                Notary Public - California g                   Orange County               M Comm. Ex ires Oct, 4, 2018  





 






            RIDER TO MULTIFAMILY SECURITY INSTRUMENT                               TRADE NAMES                               (Revised 3-1-2014)   The following changes are made to the Instrument which precedes this Rider:   A.   Subsection (o) of the definition of Mortgaged Property in Section 1 is restated as follows:              (o)  All names under or by which any of the above Mortgaged Property may                  be operated or known, and all trademarks, trade names, and goodwill                  relating to any of the Mortgaged Property; provided however, that the                  names- "SIR",  "STAR",  and "Steadfast" and/or associated trademark                  rights are not assigned to Lender, subject to Section 6.30 of the Loan                  Agreement.    Rider to Multifamily Security Instrument  Trade Names  





 






                                  EXHIBIT A                            DESCRIPTION OF THE LAND                                      The Oasis   Lot 1 in Grand Vista Filing No. 1, in the City of Colorado Springs, as per the Plat thereof,  recorded May 6, 1996, at Reception No. 96054433, as amended by Surveyors Statement  recorded November 17, 2005 at Reception No. 205184785 and Corrected Surveyors Statement,  recorded November 30, 2005, at Reception No. 205191114, County of El Paso, State of  Colorado.    Colorado                                                                Page A-1  Multifamily Deed of Trust, Assignment of Rents  and Security Agreement  





 






                                              Certified to be a true and correct                                                 ~::~'''~'BY  ?<.v\..          Prepared by, and after recording                    OOITYNATIONALll LE  return to:  Jeremy M. McLean, Esquire  Troutman Sanders LLP  Post Office Box 1122  Richmond, Virginia 23218-1122                                                     Freddie Mac Loan No. 504021303                                                                        The Oasis                      ASSIGNMENT OF SECURITY INSTRUMENT                                 (Revised 12-19-2014)   FOR VALUABLE CONSIDERATION, PNC BANK, NATIONAL ASSOCIATION, a national  banking association ("Assignor"), having its principal place of business at 26901 Agoura Road,  Suite 200, Calabasas Hills, California 91301, Attention: Loan Servicing Manager, hereby  assigns, grants, sells and transfers to the FEDERAL HOME   LOAN   MORTGAGE  CORPORATION,     a corporation organized and existing under the laws of the United States  ("Assignee"), having its principal place of business at 8200 Jones Branch Drive, McLean, Virginia  22102, and Assignee's successors, transferees and assigns forever, all of the right, title and interest  of Assignor in and to the Multifamily Deed of Trust, Assignment of Rents and Security  Agreement, dated as of July 31, 2018, entered into by STAR OASIS, LLC, a Delaware limited  liability company ("Borrower") for the benefit of Assignor, securing an indebtedness of Borrower  to Assignor in the principal amount of $39,740,000.00 recorded in the land records of El Paso  County, Colorado prior to this Assignment ("Instrument"), which indebtedness is secured by the  property described in Exhibit A attached to this Assignment and incorporated into it by this  reference.  Together with the Note or other obligation described in the Instrument and all obligations secured  by the Instrument now or in the future.  IN WITNESS  WHEREOF,   Assignor has executed this Assignment as of July 31, 2018, to be  effective as of the effective date of the Instrument.    Assignment of Security Instrument                                         Pagel  





 






                                 ASSIGNOR:                                    PNC BANK, NATIONAL ASSOCIATION, a                                      national banking association                                    By:~'Cc~                                      KelliA.Tyler                                      Vice President    STATE OF ----------  CITY/COUNTY OF _____~          to-wit:        The foregoing instnnnent was acknowledged before me in the ab -stated jurisdiction  this __ day of               2018 by Kelli A. Tyler wh · Vice President of PNC  Bank, National Association, a national banking association, and on behalf of the national  banking association.                if /                ------~N=o_t_ar_y_P=u-b~l~ic______  _     Assignment of Security Instrument                                 Page S-1  





 






CALIFORNIA ALL-PURPOSE ACKNOWLEDGMEt~T                                     CIVIL CODE§ 1189     A notary public or other officer completing this certificate verifies only the identity of the individual who signed the    document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.   Slate of California C\ ldl~                 )  County of       c..XU'\   ~ D               )                         N             O       ·  On   July       I~, a.DI~    beforerne,   C@1Yil~r1v'~J                  /}+try     YUb/1?)                Date                  kc! Ii       'Ae .lnssr"1/78,.  f!l]JL[itle of the Officer  personally appeared ---------------'---------1---1-rt,t''---------------­                                                 Name(s) of Signer(s)   who  proved to rne on the basis of satisfactory evidence to be the person(!,)" whose narne.(:a!--is/a.e­ subscribed to the within instrument and acknowledged to me that be1she/tl:le1 executed the same in  ~er/tbetfauthorized capacity[~and     that by bi61'1ier/~signature"'"1-t>n the instrument the person(s),  or the entity upon behalf of which the person(s) acted, executed the instrument.                                               I certify under PENAL1Y OF PERJURY under the laws                                               of the State of California that the foregoing paragraph                                               is true and correct.                                               WITNESS my hand and official seal.       ~eeeeeeeeeeeof           _         CIA THONGRIVONG       " .,,;.:··.  Notary Public-California       ~   <. ···    San Diego County z~        ""    -      Commission I 2196629 ~                 My Comm.Expires May 31,2021                    Signature of Notary Public               Place Notary Seal Above     Though this section is optional, completing this information can deter alteration of the document or                    fraudulent reattachment of this form to an unintended document.  Description of-Attached Dofi~ent         · • f C'~ ... . ~ [ ns\-yy  Title or Type of Document: J:mbl~ l"Yl'trll"'O:t:<.XW rt     ument Date: _______   Number of Pages:           Signer(s) Other Than Named Abov  : ____________   Capacity(ies) Claimed by Signer{s)  Signer's Name:-------------                    - Signer's Name: _____________   0 Corporate Officer - Title{s): _______         D Corporate Officer - Title(s): _______   D Partner - D Limited  D General                D Partner -  D Limited  D General  D Individual     D Attorney in Fact             D Individual      D Attorney in Fact  D Trustee        D Guardian or Conservator      D Trustee        D  Guardian or Conservator  D Other: _______________                        D  Other: _____________   Signer Is Representing: __________              Signer Is Representing: __________    ©2014 National Nota,y Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907  





 






                                  EXHIBIT A                          DESCRIPTION OF   THE PROPERTY                                      The Oasis   Lot I in Grand Vista Filing No. I, in the City of Colorado Springs, as per the Plat thereof,  recorded May 6, 1996, at Reception No. 96054433, as amended by Surveyors Statement  recorded November 17, 2005 at Reception No. 205184785 and Corrected Surveyors Statement,  recorded November 30, 2005, at Reception No. 205191114, County of El Paso, State of  Colorado.    Assignment of Security Instrument                                       Page A-1