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• <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) 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 <br /> providing for any appraisement, valuation, stay, extension, redemption or moratorium; (c) <br /> all rights of marshalling in the event of foreclosure; and (d) all presentments, demands for <br /> performance, notices of nonperformance, protests, notices of protest, notices of dishonor, <br /> notices of acceptance of this Deed of Trust and of the existence, creation, or incurring of <br /> new or additional indebtedness, and demands and notices of every kind. <br /> 10. Miscellaneous Provisions <br /> 10.1 Additional Provisions. The Loan Documents grant further rights to Beneficiary <br /> and contain further agreements and affirmative and negative covenants by Trustor which <br /> 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 sale <br /> be mailed to Trustor at the address set forth below. That address is also the mailing <br /> address of Trustor as debtor under the UCC. Beneficiary's address set forth below is the <br /> address for Beneficiary as secured party under the UCC. Except for any notice required <br /> under applicable law to be given in another manner, all notices to be sent pursuant to this <br /> Deed of Trust shall be made in writing, and sent to the parties at their respective addresses <br /> specified below or to such other address as a party may designate by written notice <br /> delivered to the other parties in accordance with this Section. All such notices shall be sent <br /> by: <br /> (a) 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 <br /> 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 on <br /> transmittal, provided that a transmission report is generated reflecting the accurate <br /> transmission thereof. <br /> Beneficiary: <br /> City of San Leandro <br /> 835 East 14th Street <br /> San Leandro, CA 94577 <br /> Attention: Jeff Kay, Business Development Manager <br /> 1172395-3 15 <br /> Commercial Rehabilitation Loan Program <br /> Owner Participation and Loan Agreement <br /> Form: 10-20-09 <br />