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assigns of the parties; provided however this Section 10.3 does not waive the provisions <br /> of Section 7.6. <br /> 10.4 Substitution of Trustee. Beneficiary may from time to time or at any time <br /> substitute a trustee or trustees to execute the trust hereby created, and when any such <br /> substitution has been filed for record in the office of the Recorder of Alameda County, it <br /> shall be conclusive evidence of the appointment of such trustee or trustees, and such <br /> new trustee or trustees shall succeed to all of the powers and duties of the Trustee <br /> named herein. <br /> 10.5 Attorneys' Fees and Costs. In any action or proceeding to foreclose this <br /> Deed of Trust or to enforce any right of Beneficiary or of Trustee, Trustor shall pay to <br /> Beneficiary and Trustee all costs of such action or proceeding, including reasonable <br /> • <br /> attorneys' fees. <br /> 10.6 Governing Law; Severability; Interpretation. This Deed of Trust shall be <br /> governed by the laws of the State of California without regard to principles of conflicts of <br /> laws. Trustor agrees that any controversy arising under or in relation to this Deed of <br /> Trust shall be litigated exclusively in the jurisdiction where the Land is located (the <br /> "Property Jurisdiction "). The state and federal courts and authorities with jurisdiction in <br /> the Property Jurisdiction shall have exclusive jurisdiction over all controversies which <br /> shall arise under or in relation to the Loan Documents. Trustor irrevocably consents to <br /> service, jurisdiction, and venue of such courts for any such litigation, and waives any <br /> other venue to which it might be entitled by virtue of domicile, habitual residence or <br /> otherwise. If any provision of this Deed of Trust is held unenforceable or void, that <br /> provision shall be deemed severable from the remaining provisions, and shall in no way <br /> affect the validity of this Deed of Trust. The captions used in this Deed of Trust are for <br /> convenience only and are not intended to affect the interpretation or construction of the <br /> provisions herein contained. In this Deed of Trust, whenever the context so requires, <br /> the singular number includes the plural. <br /> 10.7 Waiver, Modification and Amendment. Each waiver by Beneficiary or <br /> Trustee must be in writing, and no waiver shall be construed as a continuing waiver. No <br /> waiver shall be implied from any delay or failure by Beneficiary or Trustee to take action <br /> on account of any default of Trustor. Consent by Beneficiary or Trustee to any act or <br /> 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 <br /> obtained in any future or other instance. No amendment to or modification of this Deed <br /> of Trust shall be effective unless and until such amendment or modification is in writing, <br /> executed by Trustor and Beneficiary. Without limiting the generality of the foregoing, <br /> Beneficiary's acceptance of payment of any sum secured hereby after its due date shall <br /> not constitute a waiver by Beneficiary of its right either to require prompt payment when <br /> due of all other sums so secured or to declare default for failure so to pay. <br /> 10.8 Action By Beneficiary. Except as may be otherwise specifically provided <br /> herein, whenever any approval, notice, direction, or consent by the Beneficiary is <br /> required or permitted under this Agreement, such action shall be in writing, and such <br /> 1177360.2 17 <br />