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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: City of San Leandro <br />835 East 14th Street <br />San Leandro, CA 94577 <br />Attention: City Manager <br />Trustor: WASHINGTON AVENUE, L.P., a California limited <br />partnership <br />1149 South Hill Street, Suite 700 <br />Los Angeles, CA 90015 <br />Attention: Senior Vice President, Development <br />With a copy to: <br />Housing Trust of Silicon Valley <br />75 E. Santa Clara Street, Suite 1350 <br />San Jose CA 95113 <br />Attn: Chief Lending Officer <br />Trustee: Doma Title Company of California, Inc. <br />21060 Redwood Road, Suite 110 <br />Castro Valley, CA 94546 <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 />Trust or to enforce any right of Beneficiary or of Trustee, Trustor shall pay to Beneficiary and <br />Trustee all costs of such action or proceeding, including reasonable attorneys' fees. <br />10.6 Governing Law; Severability; Interpretation. This Deed of Trust shall be <br />governed by the laws of the State of California without regard to principles of conflicts of laws. <br />Trustor agrees that any controversy arising under or in relation to this Deed of Trust shall be <br />litigated exclusively in the jurisdiction where the Land is located (the "Property Jurisdiction"). <br />The state and federal courts and authorities with jurisdiction in the Property Jurisdiction shall <br />have exclusive jurisdiction over all controversies which shall arise under or in relation to the City <br />WJ <br />