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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 Leasehold Deed of Trust <br />and of the existence, creation, or incurring of new or additional indebtedness, and <br />demands and 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 Leasehold 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 Leasehold Deed of Trust shall be made in writing, and sent to the <br />parties at their respective addresses specified below or to such other address as a party <br />may 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: City of San Leandro <br />835 East 14th Street <br />San Leandro, CA 94577 <br />Attn: Business Development Manager <br />16 <br />