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accordance with the provisions of this Section, shall be addressed to the parties in the manner set <br />forth below, and shall be conclusively deemed to have been properly delivered: (a) upon receipt <br />when hand delivered during normal business hours (provided that notices which are hand delivered <br />shall not be effective unless the sending party obtains a signature of a person at such address that <br />the notice has been received); (b) upon receipt when sent by facsimile to the number set forth <br />below (provided, however, that notices given by facsimile shall not be effective unless the sending <br />party delivers the notice also by one other method permitted under this Section); (c) upon the day <br />of delivery if the notice has been deposited in an authorized receptacle of the United States Postal <br />Service as first-class, registered or certified mail, postage prepaid, with a return receipt requested <br />(provided that the sender has in its possession the return receipt to prove actual delivery); or (d) <br />one (1) business day after the notice has been deposited with either FedEx or United Parcel <br />Service to be delivered by overnight delivery (provided that the sending party receives a <br />confirmation of actual delivery from the courier). <br />The addresses to the parties to receive notices are as follows: <br />TO BENEFICIARY: City of San Leandro <br />835 E. 14th Street <br />San Leandro, CA 94577 <br />Attn: Tom Liao, Deputy Community Development Director <br />TO TRUSTOR: Junda Chen & Ka Ki Ng <br />730 Fargo Ave #1, San Leandro, CA 94579 <br />TO TRUSTEE: Old Republic Title Company <br />1000 Bumett Ave, Suite 400, Concord, CA 94520 <br />19. Request for Notice of Default. The undersigned Trustor requests that a copy of any Notice <br />of Default and any Notice of Sale hereunder be mailed to it at the address specified herein. <br />20. Goveminq Law. This instrument shall be governed by and construed in accordance with <br />the laws of the State of California. <br />21. Severability. If any paragraph, clause or provision of the Resale Restrictions or this Deed <br />of Trust is construed or interpreted by a court of competent jurisdiction to be void, invalid or <br />unenforceable, such decision shall affect only those paragraphs, clauses or provisions so <br />construed or interpreted and shall not affect the remaining paragraphs, clauses or provisions of the <br />Resale Restrictions or this Deed of Trust. <br />22. Relationship. Nothing contained herein or in the Declaration of Restrictions shall be <br />deemed to create or construed to create a partnership, joint venture or any relationship other than <br />that of a Trustor and Beneficiary. Trustor and Beneficiary expressly disclaim any intent to create a <br />partnership or joint venture pursuant to this Deed of Trust or the Declaration of Restrictions. <br />23. Attorney Fees. If any party to this Deed of Trust shall bring any action for any relief <br />against any other party, declaratory or otherwise, arising out of this Deed of Trust, the losing party <br />shall pay to the prevailing party a reasonable sum for attorney fees incurred in bringing such suit <br />WLFA\53530\1235331.3 <br />Performance Deed of Trust <br />