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overnight courier, in which case notice shall be deemed delivered one (1) day after <br /> deposit with such courier. <br /> Beneficiary: City of Pleasanton <br /> 123 Main Street <br /> Pleasanton, CA 94566 <br /> Attention: City Manager <br /> With a copy to: <br /> Burke, Williams & Sorensen, LLP <br /> 1901 Harrison Street, 9`h floor <br /> Oakland, CA 94612 <br /> Attention: Susan E. Bloch, Esq. <br /> Trustor: Kottinger Gardens Phase 1 Associates, L.P., a California <br /> limited partnership <br /> 303 Vintage Park Drive, Suite 250 <br /> Foster City, CA 94404 <br /> Attn: Matthew O. Franklin, President <br /> With a copy to: Gubb & Barshay, LLP <br /> 505 14th Street, Suite 1050 <br /> Oakland, CA 94612 <br /> Attention: Natalie Gubb, Esq. <br /> And with a copy to: <br /> MUFG Union Bank, N.A. <br /> 200 Pringle Avenue, Suite 355 <br /> Walnut Creek, CA 94596 <br /> 10.3 Binding on Successors. The terms, covenants and conditions of this <br /> Deed of Trust shall be binding upon and inure to the benefit of the heirs, administrators, <br /> executors, successors in interest, transferees, and assigns of the Trustor, Beneficiary <br /> and Trustee; provided however this Section 10.3 does not waive the provisions of <br /> Section 7.6. <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 <br /> substitution has been filed for record in the office of the Recorder of Alameda County, it <br /> shall be conclusive evidence of the appointment of such trustee or trustees, and such <br /> new trustee or trustees shall succeed to all of the powers and duties of the Trustee <br /> named herein. <br /> 21 <br /> OAK 44825-3934-8270 vl <br />