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20 <br />4860-6036-3710v2 <br />postage prepaid in the United States mail; or (c) nationally recognized overnight courier, in <br />which case notice shall be deemed delivered one (1) day after deposit with such courier. <br />TRUSTOR: Ridge View Commons II Associates, L.P. <br />c/o Eden Housing, Inc. <br />22645 Grand Street <br />Hayward, CA 94541 <br />Attention: President <br /> <br />with a copy to: Gubb & Barshay LLP <br />235 Montgomery Street, Suite 1110 <br />San Francisco, CA 94104 <br />Attention: Nicole Kline <br /> <br />with a copy to: <br /> <br /> <br /> BENEFICIARY: City of Pleasanton <br /> P.O. Box 520 <br /> 123 Main Street <br /> Pleasanton, CA 94566 <br /> Attention: City Manager <br /> <br /> with a copy to: Burke, Williams & Sorensen, LLP <br /> 1999 Harrison Street, Suite 1650 <br /> Oakland, CA 94612-3501 <br /> Attention: Susan E. Bloch, Esq. <br /> <br /> 11.3 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 11.3 does not waive the provisions of Section 7.6. <br /> <br /> 11.4 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 Santa Clara County, it shall be <br />conclusive evidence of the appointment of such trustee or trustees, and such new trustee or <br />trustees shall succeed to all of the powers and duties of the Trustee named herein. <br />11.5 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 /> 11.6 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 state or federal courts with jurisdiction in Santa Clara County, California. <br />Page 108 of 720