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provided by Section 2924(b) of the Civil Code of California. <br />20. Statement of Obligation. Lender may collect a fee not to exceed $50 for <br />furnishing the statement of obligation as provided by Section 2943 of the Civil Code <br />of California. <br />21. Utilization of Property. Borrower agrees that the Property subject to <br />this Deed of Trust shall be utilized by Borrower for three (3) commercial and retail <br />tenants: Noah's Bagels, Starbucks Coffee, and Taco Bell, and failure to so utilize <br />constitutes a default under the Deed of Trust and the Note. <br />IN WITNESS WHEREOF, Borrower has executed this Deed of Trust. <br />"Borrower" <br />EMPIRE AUSTIN SAN LEANDRO <br />PARTNERSHIP, 4 6ever4t f�rTAClsti`10 <br />B� <br />:rvnia.CD �- i9N� <br />Its: <br />Economic Development Agency Page 8 of 8 <br />Deed of Trust - Empire Austin San Leandro Partnership October 29, 1997 <br />