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14 <br /> Attn: City Manager <br /> <br /> <br /> 7.7 Waiver, Modification and Amendment. Each waiver by the Beneficiary or <br />the Trustee must be in writing, and no waiver shall be construed as a continuing waiver. <br />No waiver shall be implied from any delay or failure by the Beneficiary or the Trustee to <br />take action on account of any default of the Trustor. Consent by the Beneficiary or the <br />Trustee to any act or omission by the Trustor shall not be construed as a consent to any <br />other or subsequent act or omission or to waive the requirement for the Beneficiary's or <br />the Trustee's consent to be obtained in any future or other instance. No amendment to <br />or modification of this Deed of Trust shall be effective unless and until such amendment <br />or modification is in writing, executed by the Trustor and the Beneficiary. Without <br />limiting the generality of the foregoing, the Beneficiary’s acceptance of payment of any <br />sum secured hereby after its due date shall not constitute a waiver by the Beneficiary of <br />its right either to require prompt payment when due of all other sums so secured or to <br />declare default for failure so to pay. <br /> <br /> 7.8 Governing Law. This Deed of Trust shall be governed by the laws of the <br />State of California without regard to principles of conflicts of laws. The Trustor agrees <br />that any controversy arising under or in relation to this Deed of Trust shall be litigated <br />exclusively in Alameda County. <br /> <br /> IN WITNESS WHEREOF, the Trustor has executed this Deed of Trust as of the <br />date first written above. <br /> <br />TRUSTOR <br /> <br />Louis A. Rigaud, <br />an individual d/b/a Halus Power Systems, and authorized signatory for MTLG, LLC <br /> <br />By:_____________________________ <br /> Louis A. Rigaud <br /> <br /> <br /> SIGNATURES MUST BE NOTARIZED. <br /> <br /> <br />