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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
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