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b. certified or registered mail, return receipt requested, in which case notice <br />shall be deemed delivered two (2) business days after deposit, postage prepaid in the United <br />States mail; <br />c. nationally recognized overnight courier, in which case notice shall be <br />deemed delivered one (1) day after deposit with such courier; or <br />d. facsimile transmission, in which case notice shall be deemed delivered on <br />transmittal, provided that a transmission report is generated reflecting the accurate transmission <br />thereof. <br />Beneficiary: <br />Trustor: <br />Trustee:. <br />City of San Leandro <br />835 East 14th Street <br />San Leandro, CA 94577 <br />Attention: City Manager <br />San Leandro Parrott, L.P. <br />c/o Eden Housing, Inc. <br />22645 Grand Street <br />Hayward, CA 94541 <br />Attention: President <br />With a copy to: <br />Bank of America, N.A. <br />Banc of America CDC Special Holding Company, Inc. <br />MAl-225-02-02 <br />225 Franklin Street <br />Boston, MA 02110 <br />Attention: Asset Management <br />Facsimile: 617-346-2257 <br />10.3 Binding on Successors. The terms, covenants and conditions of this Deed of <br />Trust shall be binding upon and inure to the benefit of the heirs, administrators, executors, <br />successors in interest, transferees, and assigns of the Trustor, Beneficiary and Trustee; provided <br />however this Section 10.3 does not waive the provisions of Section 7.4. <br />10.4 Substitution of Trustee. Beneficiary may from time to time or at any time <br />substitute a trustee or trustees to execute the trust hereby created, and when any such substitution <br />has been filed for record in the office of the Recorder of Alameda County, it shall be conclusive <br />evidence of the appointment of such trustee or trustees, and such new trustee or trustees shall <br />succeed to all of the powers and duties of the Trustee named herein. <br />10.5 Attorneys' Fees and Costs. In any action or proceeding to foreclose this Deed of <br />2890663 .1 18