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such payment and cure by Trustor, this Deed of Trust and the obligations secured hereby shall remain in <br />full force and effect as if no acceleration had occurred. <br />11. Request for Notices. Trustor requests that copies of the notice of default and notice of <br />sale be sent to Trustor's address as set forth in Paragraph B.B. Beneficiary requests that copies of notices <br />of foreclosure from the holder of any lien which has priority over this Deed of Trust be sent to Beneficiary's <br />address, as set forth on page one of this Deed of Trust, as provided by Section 2924(b) of the Civil Code of <br />California. <br />12. Statement of Obligation. Beneficiary may collect a fee not to exceed $50 for furnishing the <br />statement of obligation as provided by Section 2943 of the Civil Code of California. <br />13. Utilization of Property. Trustor agrees that the property subject to this Deed of Trust shall <br />be utilized by Trustor for the purposes set forth in the Owner Participation Agreement and failure to so <br />utilize constitutes a default under the Deed of Trust and the Note. <br />14. Successors and Assigns. This Deed of Trust applies to, inures to the benefit of, and binds <br />all parties hereto, their heirs, legatees, devisees, administrators, executors, successors, and assigns. The <br />term Beneficiary shall mean the holder and owner of the Note secured hereby; or, if the Note has been <br />pledged, the pledgee thereof. In this Deed of Trust, whenever the context so requires, the singular number <br />includes the plural. <br />15. Other Sales, Actions, or Proceedings. Trustee is not obligated to notify any. party hereto of <br />a pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary, <br />or Trustee shall be a party unless brought by Trustee. <br />16. Substitution of Trustee. Beneficiary may any time substitute a Trustee or Trustees to <br />execute the trust hereby created, and when any such substitution has been filed for record in the office of <br />the Recorder of Alameda County, it shall be conclusive evidence of the appointment of such Trustee or <br />Trustees, and such new Trustee or Trustees shall succeed to all of the powers and duties of the Trustee or <br />Trustees named herein. <br />IN WITNESS WHEREOF, Trustor has executed this Deed of Trust. <br />Trustor <br />MERCED STREET PROPERTY, LLC <br />LA L <br />---Zn <br />By: <br />td ward S. ► l ;, J r, <br />J:\wpd\Mnrsw\432\025\Agreement\Deed of Trust.General Foundry 12.11.3.doc <br />6 <br />