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Mortgagee's deed of trust and shall not impair the rights of the Institutional Mortgagee, or such <br />Institutional Mortgagee's assignee or successor in interest, to exercise its remedies under the <br />Institutional Mortgagee deed of trust in the event of default under the Institutional Mortgagee deed <br />of trust by the Owner. Such remedies under the Institutional Mortgagee deed of trust include the <br />right of foreclosure (judicial or non -judicial) or acceptance of a deed or assignment in lieu of <br />foreclosure. The exercise of these remedies does not in any manner trigger the City's Option <br />Rights and the City isnot entitled to any proceeds from any sale or transfer of the Property. After <br />such foreclosure or acceptance of a deed in lieu of foreclosure, this Deed of Trust, and the Resale <br />Restrictions and Option to Purchase shall be forever terminated and shall have no further effect as <br />to the Property or any transferee thereafter. <br />IN WITNESS WHEREOF, the parties hereto have entered into this Deed of Trust as of the date <br />first written above. <br />CITY OF SAN LEANDRO, a municipal <br />corporation <br />By: * Chds awta *Jeff Kay, Assistant <br />Its: City Manager City Manager <br />Date: o 1 I <br />, TAL : <br />Name:WI/ 61% Michelle Janna Bailey <br />Date:() <br />ALL SIGNATURES MUST BE NOTARIZED <br />WLFA\53530\1235331.3 8 <br />Performance Deed of Trust <br />