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<br />Trustor agrees that any controversy arising under or in relation to this Deed of Trust shall be <br />litigated exclusively in the jurisdiction where the Land is located (the "Property Jurisdiction"). <br />The state and federal courts and authorities with jurisdiction in the Property Jurisdiction shall <br />have exclusive jurisdiction over all controversies which shall arise under or in relation to the City <br />Documents. Trustor irrevocably consents to service, jurisdiction, and venue of such courts for <br />any such litigation, and waives any other venue to which it might be entitled by virtue of <br />domicile, habitual residence or otherwise. If any provision of this Deed of Trust is held <br />unenforceable or void, that provision shall be deemed severable from the remaining provisions, <br />and shall in no way affect the validity of this Deed of Trust. The captions used in this Deed of <br />Trust are for convenience only and are not intended to affect the interpretation or construction of <br />the provisions herein contained. In this Deed of Trust, whenever the context so requires, the <br />singular number includes the plural. <br /> <br />10.7 Waiver. Modification and Amendment. Any waiver by Beneficiary of any <br />obligation of Trustor hereunder must be in writing, and no waiver shall be construed as a <br />continuing waiver. No waiver shall be implied from any delay or failure by Beneficiary or <br />Trustee to take action on account of any default of Trustor. Consent by Beneficiary or Trustee to <br />any act or omission by Trustor shall not be construed as a consent to any other or subsequent act <br />or omission or to waive the requirement for Beneficiary's or Trustee's consent to be obtained in <br />any future or other instance. No amendment to or modification ofthis Deed of Trust shall be <br />effective unless and until such amendment or modification is in writing, executed by Trustor and <br />Beneficiary. Without limiting the generality of the foregoing, Beneficiary's acceptance of <br />payment of any sum secured hereby after its due date shall not constitute a waiver by Beneficiary <br />of its right either to require prompt payment when due of all other sums so secured or to declare <br />default for failure so to pay. <br /> <br />10.8 Action Bv Beneficiary. Except as may be otherwise specifically provided herein, <br />whenever any approval, notice, direction, or consent by the Beneficiary is required or permitted <br />under this Agreement, such action shall be in writing, and such action may be given, made or <br />taken by Beneficiary's Executive Director or by any person who shall have been designated by <br />Beneficiary's Executive Director, without further approval by the governing board of <br />Beneficiary. Beneficiary shall use reasonable best efforts to respond to requests for any such <br />approval, notice, direction, or consent in a timely manner. In any approval, consent, or other <br />determination by Beneficiary required hereunder, Beneficiary shall act reasonably and in good <br />faith. <br /> <br />10.9 Joint and Several Liability. If Trustor consists of more than one person or entity, <br />each shall be jointly and severally liable for the faithful performance of all of Trustor's <br />obligations under this Deed of Trust. <br /> <br />10.10 Time is of the Essence. Time is of the essence for each provision of this Deed of <br /> <br />Trust. <br /> <br />818002-2 <br /> <br />17 <br />