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