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• <br /> 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: Fatimatou Fall <br /> 680 Fargo Ave#15, San Leandro, CA 94579 • <br /> TO TRUSTEE: Old Republic Title Company <br /> 1000 Burnett 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. Governing 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 6 <br /> Performance Deed of Trust <br />