AgdaPkt 2015-07-27 Joint SA and PFA

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7.3.A. - Page 46 first paid on and applied to the full payment of that portion of the debt which is not secured or partially secured by the lien of this Deed of Trust. Section 8.5. No Merger If title to the Property shall become vested in the Beneficiary, this Deed of Trust and the lien created hereby shall not be destroyed or terminated by application of the doctrine of merger and, in such event, Beneficiary shall continue to have and enjoy all of the rights and privileges of Beneficiary under this Deed of Trust. In addition, upon foreclosure under this Deed of Trust pursuant to the provisions hereof, any leases or subleases then existing and affecting all or any portion of the Security shall not be destroyed or terminated by application of the law of merger or as a matter of law or as a result of such foreclosure unless Beneficiary or any purchaser at any such foreclosure shall so elect. No act by or on behalf of Beneficiary or any purchaser shall constitute a termination of any lease or sublease unless Beneficiary or purchaser shall give written notice of termination to such tenant or subtenant. Section 8.6. Governing Law and Venue This Deed of Trust shall be governed by and construed in accordance with the laws of the State of California. Any action to foreclose upon, or enforce or interpret any of the provisions of this Deed of Trust shall be brought in the Superior Court of California, San Mateo County. Section 8.7. Nondiscrimination Trustor covenants by and for itself and its successors and assigns that there shall be no discrimination against or segregation of a person or of a group of persons on account of race, color, religion, creed, age, disability, sex, sexual orientation, marital status, ancestry or national origin in the sale, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall the Trustor or any person claiming under or through the Trustor establish or permit any such practice or practices of discrimination or segregation with reference to the use, occupancy, or transfer of the Property. The foregoing covenant shall run with the land. Section 8.8. Gender and Number In this Deed of Trust the singular shall include the plural and the masculine shall include the feminine and neuter and vice versa, if the context so requires. Section 8.9. Substitution of Trustee Beneficiary may from time to time or at any time substitute a trustee or trustees to execute the trust hereby created, and when any such substitution has been filed for record in the office of the Recorder of San Mateo County, it shall be conclusive evidence of the appointment of such trustee or trustees, and such new trustee or trustees shall succeed to all of the powers and duties of the Trustee named herein. Section 8.10. No Notice by Trustee Trustee shall be under no obligation to notify any party hereto of any action or proceeding of any kind in which Trustor, Beneficiary and /or Trustee shall be a party, unless brought by Trustee, or of any pending sale under any other deed of trust. OAK #4852 - 3988 -7653 v1 ATTY /RESO.3085 /CC RESO RWC FIRE SAFETY FIRST PILOT PROGRAM ATTACHMENT B -4 DEED OF TRUST REV: 07 -22 -15 VR Page 15 of 19