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other address as a party may designate by written notice delivered to the other parties in <br />accordance with this Section. All such notices shall be sent by: (a) personal delivery, in <br />which case notice shall be deemed delivered upon receipt; (b) certified or registered mail, return <br />receipt requested, in which case notice shall be deemed delivered two (2) business days after <br />deposit, postage prepaid in the United States mail; or (c) nationally recognized overnight courier, <br />in which case notice shall be deemed delivered one (1) day after deposit with such courier. <br />Beneficiary: City of San Leandro <br />835 East 14 Street <br />San Leandro, CA 94577 <br />Attention: City Manager <br />Trustor: Eden Surf Associates, L.P. <br />c/o Eden Housing, Inc. <br />22645 Grand Street <br />Hayward, CA 94541 -5031 <br />Attention: Executive Director <br />With a copy to: <br />Alliant Capital, Ltd. <br />21600 Oxnard Street, Suite 1200 <br />Woodland Hills, CA 91367 <br />Attention: Brian Goldberg <br />Telephone: (818) 668 -6800 <br />Telecopy: (818) 668 -2828 <br />10.3 Binding on Successors. The terms, covenants and conditions of this Deed of <br />Trust shall be binding upon and inure to the benefit of the heirs, administrators, executors, <br />successors in interest, transferees, and assigns of the Trustor, Beneficiary and Trustee; provided <br />however this Section 10.3 does not waive the provisions 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 substitution <br />has been filed for record in the office of the Recorder of Alameda County, it shall be conclusive <br />evidence of the appointment of such trustee or trustees, and such new trustee or trustees shall <br />succeed to all of the powers and duties of the Trustee named herein. <br />10.5 Attorneys' Fees and Costs In any action or proceeding to foreclose this Deed of <br />Trust or to enforce any right of Beneficiary or of Trustee, Trustor shall pay to Beneficiary and <br />Trustee all costs of such action or proceeding, including reasonable 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 laws. <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 />1755157.2 19 <br />