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10.7 Waiver, Modification and Amendment. Any waiver by Beneficiary of any <br /> obligation of Trustor hereunder must be in writing, and no waiver shall be construed as a <br /> continuing waiver. No waiver shall be implied from any delay or failure by Beneficiary or <br /> Trustee to take action on account of any default of Trustor. Consent by Beneficiary or Trustee to <br /> any act or omission by Trustor shall not be construed as a consent to any other or subsequent act <br /> or omission or to waive the requirement for Beneficiary's or Trustee's consent to be obtained in <br /> any future or other instance. No amendment to or modification of this Deed of Trust shall be <br /> effective unless and until such amendment or modification is in writing, executed by Trustor and <br /> Beneficiary. Without limiting the generality of the foregoing, Beneficiary's acceptance of <br /> payment of any sum secured hereby after its due date shall not constitute a waiver by Beneficiary <br /> of its right either to require prompt payment when due of all other sums so secured or to declare <br /> default for failure so to pay. <br /> 10.8 Action by Beneficiary. Except as may be otherwise specifically provided herein, <br /> whenever any approval, notice, direction, or consent by the Beneficiary is required or permitted <br /> under this Agreement, such action shall be in writing, and such action may be given, made or <br /> taken by Beneficiary's City Manager or by any person who shall have been designated by <br /> Beneficiary's City Manager, without further approval by the City Council of Beneficiary. <br /> Beneficiary shall use reasonable best efforts to respond to requests for any such approval, notice, <br /> direction, or consent in a timely manner. In any approval, consent,or other determination by <br /> Beneficiary required hereunder, Beneficiary shall act reasonably and in good faith. <br /> 10.9 Joint and Several Liability. If Trustor consists of more than one person or entity, <br /> each shall be jointly and severally liable for the faithful performance of all of Trustor's <br /> obligations under this Deed of Trust. <br /> 10.10 Time is of the Essence. Time is of the essence for each provision of this Deed of <br /> Trust. <br /> SIGNATURES ON FOLLOWING PAGE. <br /> 40 <br />