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expenses of operation and collection, including reasonable attorneys' fees, upon any indebtedness
<br />secured hereby, and in such order as Beneficiary may determine. The entering upon and taking
<br />possession of said property, the collection of such rents, issues, and profits, and the application thereof as
<br />aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done
<br />pursuant to such notice.
<br />6. Notice. Except for any notice required under applicable law to be given in another
<br />manner, (a) any notice to Trustor provided for in this Deed of Trust shall be given by delivering it or by
<br />mailing such notice by certified mail return receipt requested addressed to Trustor at Lloyd Wise Company,
<br />10550 International Blvd. , ** , Attn: Anthony A. Batarse, Jr. or at such other address as Trustor
<br />may designate by notice to Beneficiary as provided herein, and (b) any notice to Beneficiary shall be given
<br />by certified mail return receipt requested to Beneficiary's address stated herein or to such other address as
<br />Beneficiary may designate by notice to Trustor as provided herein. Any notice provided for in this Deed of
<br />Trust shall be deemed to have been given to Trustor or Beneficiary when given in the manner designated
<br />herein two (2) days after deposit into the United States Mail, or on the date when personally served on the
<br />Trustors or Beneficiary.
<br />7. Due On Sale. If Trustor, prior to the due date, sells, transfers, conveys, or assigns Trustors
<br />interest in the Property (as defined in the Deed of Trust) to or in favor of any person or entity, without prior
<br />written consent of Beneficiary, which consent shall not be unreasonably withheld, then all unpaid interest
<br />and principal shall immediately become due and payable.
<br />Notwithstanding the aforementioned, Trustor may at any time, without limitation, and without the
<br />necessity of approval from Beneficiary, make a transfer of the Property, or any part thereof, or any interest
<br />therein, or any improvements thereon, to: (i) a subsidiary, affiliate, parent or other entity which controls, is
<br />controlled by, or is under common control with Trustor; (ii) a successor corporation related to Trustor by
<br />merger, consolidation, non -bankruptcy reorganization, or government action; or (iii) a joint venture in which
<br />Trustor or any successor to Trustor under the preceding clauses (i) and (ii) is a venturer
<br />8. Preservation of Trust Corpus. Notwithstanding the foregoing, if Trustor wishes to transfer,
<br />assign, sell or convey real property or personal property assets from corpus of the Batarse Family Trust,
<br />U.T.A. dated May 7, 1987, Anthony J. Batarse, Jr., trustee, such a transfer shall be permitted so long as the
<br />net value of the Batarse Family Trust, U.T.A. dated May 7, 1987, Anthony J. Batarse, Jr., trustee, trust
<br />corpus remains at a minimum of Three Million Dollars ($3,000,000), which minimum amount shall be based
<br />upon a financial statement prepared by a certified public accountant.
<br />9. Powers of Sale. Upon default by Trustor in payment of any indebtedness secured hereby
<br />or in performance of any agreement hereunder, all sums secured hereby shall immediately become due
<br />and payable at the option of the Beneficiary. In the event of default, Beneficiary may employ counsel to
<br />enforce payment of the obligations secured hereby, and shall execute or cause the Trustee to execute a
<br />written notice of such default and of its election to cause to be sold the Property to satisfy the obligations
<br />hereof, and shall cause such notice to be recorded in the office of the Recorder of each county wherein the
<br />** Oakland, CA 94603
<br />Redevelopment Agency (Automall)
<br />Deed of Trust - Additional Parcel
<br />April 7, 2000
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