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Trustee: <br />) <br />City of San Leandro <br />835 East 14th Street <br />San Leandro, CA 94577 <br />Attn: City Manager <br />7.7 Waiver, Modification arid 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 actioh on account of any default of the Truster. Consent by the Beneficiary or the <br />Trustee to any act or omission by the Truster 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 tq <br />or modification of this Deed of Trust shall be effective unless and until such amendment <br />or"niodification is in writing, executed by the Truster 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 bythe 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 />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 Truster agrees <br />that any controversy arising under or in relation to this Deed of Trust shall be litigated <br />exclusively in Alaf'.1eda County. <br />. . <br />IN WITNESS WHEREOF, the Truster has executed this Deed of Trust as of the <br />date first written above. <br />TRUSTOR ' <br />,,_ Louis A. Rigaud, <br />an individual d/b/a Halus Power S . ems, and authorized signatory for MTLG, LLC <br />SIGNATURES MUST BE NOTARIZED. <br />Exhibit C Page 14of16