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6.06 Payment of Costs, Expenses and Attorney's Fees. Trustor agrees to <br />pay to Beneficiary immediately and without demand all costs and expenses <br />incurred by Trustee and Beneficiary pursuant to subparagraphs (a) through (g) <br />inclusive of Section 5.02 (including, but without limit, court costs and <br />attorneys' fees, whether incurred in litigation or not) with interest from the <br />date of expenditure until said sums have been paid at the highest rate of <br />interest payable under any Secured Obligation. Beneficiary shall be entitled <br />to bid, at the sale of the Subject Property held pursuant to Section 5.02(f) <br />above or pursuant to any judicial foreclosure of this Deed of Trust, the <br />amount of said costs, expenses and interest, in addition to the amount of the <br />other Secured Obligations, as a credit bid, the equivalent of cash. <br />6.07 Power to File Notices and Cure Defaults. Trustor hereby <br />irrevocably appoints Beneficiary and its successors and assigns, as its <br />attorney -in -fact, which agency is coupled with an interest, (a) to execute or <br />record, or to execute and record, any notices of completion, cessation of <br />labor, or any other notices that Beneficiary deems appropriate to protect <br />Beneficiary's interest, and (b) upon the occurrence of an event, act or <br />omission which, with notice or passage of time or both, would constitute a <br />Default, Beneficiary may perform any obligation of Trustor hereunder; <br />provided, that (i) Beneficiary as such attorney -in -fact shall only be account- <br />able for such funds as are actually received by Beneficiary; and (ii) Bene- <br />ficiary shall not be liable to Trustor or any other person or entity for any <br />failure to act under this section. <br />6.08 Remedies Cumulative. All rights and remedies of Beneficiary and <br />Trustee hereunder are cumulative and in addition to all rights and remedies <br />provided by law or in other agreements between Trustor and Beneficiary. <br />ARTICLE VII. MISCELLANEOUS PROVISIONS <br />73 -1 54980 <br />7.01 Merger. No merger shall occur as a result of Beneficiary's <br />acquiring any other estate in, or any other lien on, the Subject Property <br />unless Beneficiary consents to a merger in writing. <br />7.02 Obligations of Trustor, Joint and Several. If more than one person <br />has executed this Deed of Trust as "Trustor ", the obligations of all such <br />persons hereunder shall be joint and several. <br />7.03 Rules of Construction. When the identity of the parties or other <br />circumstances make it appropriate, the masculine gender includes the feminine <br />and /or neuter, and the singular number includes the plural. The term "Subject <br />Property" means all and any part of the Subject Property. <br />7.04 Successors in Interest. The terms, covenants, and conditions <br />herein contained shall be binding upon and inure to the benefit to the heirs, <br />successors and assigns of the parties hereto; provided, however, that this <br />Section does not waive the provisions of Section 5.11. <br />7.05 Incorporation. Exhibits A, Legal Description, and B, Addendum to <br />Deed of Trust, all as attached, are incorporated into this Deed of Trust by <br />this reference. <br />7.06 Addresses, Request for Notice. Notice to Beneficiary shall be sent <br />to Beneficiary addressed to: City of Pleasanton, 123 Main Street, Pleasanton, <br />California 94566, Attention: City Manager. Any Trustor whose address is set <br />forth below hereby requests that a copy of notice of default and notice of <br />sale be mailed to him at that address. Failure to insert an address shall <br />constitute a designation of Trustor's last known address as the address for <br />such notice. Correspondence to Trustee shall be addressed to: Santa Clara <br />Land Title Company, 3235 Kearney, Fremont, California 94538. <br />IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and <br />year set forth above. <br />Addresse: Trustor: <br />Eden Housing, Inc. Eden Ho ng, Inc., a California <br />22941 Atherton Street, Suite D nonpro corporation <br />Hayward, CA 94541 <br />Attn: Tim Truesdale <br />By: <br />Catherine A. Merschel <br />Executive Director <br />