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<br />25 <br />8.2 Headings; Gender, Number. The captions and headings used in this <br />Deed of Trust are inserted only for convenience of reference and in no way define, limit, or <br />describe the scope or intent of this Deed of Trust, or of any particular provision thereof, or <br />the proper construction thereof. Wherever used, the singular number shall include the <br />plural, and the plural the singular, and the use of any gender shall be applicable to all <br />genders. <br /> <br />8.3 Approvals in Writing. Except as otherwise specifically provided herein, <br />whenever any approval, notice, direction, consent, request or other action by the <br />Beneficiary is required or permitted under this Deed of Trust, such action shall be in <br />writing. <br /> <br />8.4 Joint and Several Obligations. If more than one person has executed this <br />Deed of Trust as Trustor, the obligations of all such persons hereunder shall be joint and <br />several. <br /> <br />8.5 Severability. If any provision of this Deed of Trust shall be held by a court <br />of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and <br />enforceability of the remaining provisions hereof shall not in any way be affected or <br />impaired thereby. <br /> <br />8.6 Indemnification. Trustor agrees to indemnify, defend (with counsel <br />approved by Beneficiary) and hold the Beneficiary, its elected and appointed officers, <br />officials, agents and employees ("lndemnitees") harmless from and against any and all <br />losses, damages, claims, actions, demands, judgments, penalties, costs and expenses <br />(including reasonable attorneys' fees) and liabilities (all of the foregoing, collectively <br />"Claims") which the lndemnitees may sustain or suffer directly or indirectly as a result of <br />or arising in connection with (i) Truster's failure to perform any obligations as and when <br />required by the Secondary Unit Regulatory Agreement or this Deed of Trust, (ii) the failure <br />at any time of any of Truster's representations and warranties to be true and correct, or <br />(iii) any action or omission by lndemnitees in connection with this Deed of Trust, except to <br />the extent any such Claim arises due to the gross negligence or willful misconduct of <br />lndemnitees. <br /> <br />8.7 Notices. Except for any notice required under applicable law to be given <br />in another manner (a) any notice to Truster provided for in this Deed of Trust shall be given <br />by mailing such notice by certified mail directed to the Property address or any other <br />address Trustor designates by notice to Beneficiary as provided herein; and, (b) any <br />notice to Beneficiary shall be given by certified mail, return receipt requested, to <br />Beneficiary's mailing address stated herein or to such other address as Beneficiary may <br />designate by notice to Trustor as provided herein. Any notice provided for in this Deed of <br />Trust shall deem to have been given to Trustor or Beneficiary when given in the manner <br />designated herein. <br /> <br /> <br />Beneficiary: City of Pleasanton <br />City Clerk’s Office <br />123 Main Street, P.O. Box 520 <br />Pleasanton, CA 94566 <br />Page 222 of 344