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(b) Second, the remaining balance of all other Secured Obligations in any <br /> order and proportions as Beneficiary in its sole discretion may choose. <br /> 9. Trustor's Waivers. To the fullest extent permitted by law, Trustor waives: (a) <br /> all statutes of limitations as a defense to any action or proceeding brought against <br /> Trustor by Beneficiary; (b) the benefit of all laws now existing or which may hereafter be <br /> enacted providing for any appraisement, valuation, stay, extension, redemption or <br /> moratorium; (c) all rights of marshalling in the event of foreclosure; and (d) all <br /> presentments, demands for performance, notices of nonperformance, protests, notices <br /> of protest, notices of dishonor, notices of acceptance of this Deed of Trust and of the <br /> existence, creation, or incurring of new or additional indebtedness, and demands and <br /> notices of every kind. <br /> 10. Miscellaneous Provisions <br /> 10.1 Additional Provisions. The Loan Documents grant further rights to <br /> Beneficiary and contain further agreements and affirmative and negative covenants by <br /> Trustor which apply to this Deed of Trust and the Property. <br /> 10.2 Notices. Trustor requests that a copy of notice of default and notice of <br /> sale be mailed to Trustor at the address set forth below. That address is also the <br /> mailing address of Trustor as debtor under the UCC. Beneficiary's address set forth <br /> below is the address for Beneficiary as secured party under the UCC. Except for any <br /> notice required under applicable law to be given in another manner, all notices to be <br /> sent pursuant to this Deed of Trust shall be made in writing, and sent to the parties at <br /> their respective addresses specified below or to such other address as a party may <br /> designate by written notice delivered to the other parties in accordance with this <br /> Section. All such notices shall be sent by: <br /> (a) personal delivery, in which case notice shall be deemed delivered <br /> upon receipt; <br /> (b) certified or registered mail, return receipt requested, in which case <br /> notice shall be deemed delivered two (2) business days after deposit, postage prepaid <br /> in the United 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 <br /> on transmittal, provided that a transmission report is generated reflecting the accurate <br /> transmission thereof. <br /> Beneficiary: <br /> Redevelopment Agency of the City of San Leandro <br /> 835 East 14 Street <br /> 1177360 -3 16 <br /> Commercial Rehabilitation Loan Program <br /> Deed of Trust <br />