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Trustor and Beneficiary under California law regarding Beneficiary's exercise of the power of <br />sale or Trustor's reinstatement rights. <br />9. Trustor's Waivers. To the fullest extent permitted by law, Trustor waives: (a) all <br />statutes of limitations as a defense to any action or proceeding brought against Trustor by <br />Beneficiary; (b) the benefit of all laws now existing or which may hereafter be enacted providing <br />for any appraisement, valuation, stay, extension, redemption or moratorium; (c) all rights of <br />marshalling in the event of foreclosure; and (d) all presentments, demands for performance, <br />notices of nonperformance, protests, notices of protest, notices of dishonor, notices of acceptance <br />of this Deed of Trust and of the existence, creation, or incurring of new or additional <br />indebtedness, and demands and notices of every kind. <br />l0. Miscellaneous Provisions. <br />10.1 Additional Provisions. The City Documents grant further rights to Beneficiary <br />and contain further agreements and affirmative and negative covenants by Trustor which apply <br />to this Deed of Trust and the Property. <br />10.2 Notices. Trustor requests that a copy of notice of default and notice of sale be <br />mailed to Trustor at the address set forth below. That address is also the mailing address of <br />Trustor as debtor under the UCC. Beneficiary's address set forth below is the address for <br />Beneficiary as secured party under the UCC. Except for any notice required under applicable <br />law to be given in another manner, all notices to be sent pursuant to this Deed of Trust shall be <br />made in writing, and sent to the parties at their respective addresses specified below or to such <br />other address as a party may designate by written notice delivered to the other parties in <br />acco--dance with this Section. All such notices shall be sent by: <br />personal delivery, in which case notice shall be deemed delivered upon <br />receipt; <br />b. certified or registered mail, return receipt requested, in which case notice <br />shall be deemed delivered two (2) business days after deposit, postage prepaid in the United <br />States mail; <br />c. nationally recognized overnight courier, in which case notice shall be <br />deemed delivered one (1) day after deposit with such courier; or <br />d. facsimile transmission, in which case notice shall be deemed delivered on <br />transmittal, provided that a transmission report is generated reflecting the accurate transmission <br />thereof. <br />Beneficiary: City of San Leandro <br />835 East 14th Street <br />San Leandro, CA 94577 <br />Attention: City Manager <br />Trustor: Estabrook Senior Housing, L.P. <br />9575(2-3 1 7 <br />