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19 <br />continuing waiver. No waiver shall be implied from any delay or failureby 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 of this 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 />10.8 Action by 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 City Manageror by any person who shall have been designated by <br />Beneficiary’s City Manager, without further approval by the City Councilof Beneficiary. <br />Beneficiary shall use reasonable best efforts to respond to requests for any such approval, notice, <br />direction, or consent in a timely manner. In any approval, consent, or other determination by <br />Beneficiary required hereunder, Beneficiary shall act reasonablyand in good faith. <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 />10.10Time is of the Essence. Time is of the essence for each provision of this Deed of <br />Trust. <br />SIGNATURES ON FOLLOWING PAGE.