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BENEFICIARY: City of Redwood City <br />1017 Middlefield Road <br />Redwood City, CA 94063 <br />Attention: City Manager <br />With a copy to: Burke, Williams & Sorensen, LLP <br />1901 Harrison Street, 9`h floor <br />Oakland, CA 94612 <br />Attention: Susan E. Bloch, Esq. <br />10.3 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 10.3 does not waive the provisions of 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 substitution <br />has been filed for record in the office of the Recorder of San Mateo 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 />10.5 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 />10.6 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 San Mateo County, California. <br />Trustor irrevocably consents to service, jurisdiction, and venue of such courts for any such <br />litigation, and waives any other venue to which it might be entitled by virtue of domicile, <br />habitual residence or otherwise. If any provision of this Deed of Trust is held unenforceable or <br />void, that provision shall be deemed severable from the remaining provisions, and shall in no <br />way affect the validity of this Deed of Trust. The captions used in this Deed of Trust are for <br />convenience only and are not intended to affect the interpretation or construction of the <br />provisions herein contained. In this Deed of Trust, whenever the context so requires, the singular <br />number includes the plural. <br />10.7 Waiver, Modification and Amendment. Any waiver by Beneficiary of any <br />obligation of Trustor hereunder must be in writing, and no waiver shall be construed as a <br />continuing waiver. No waiver shall be implied from any delay or failure by Beneficiary or <br />Trustee to take action on account of any default of Trustor. Consent by Beneficiary or Trustee to <br />any act or omission by Trustor shall not be construed as a consent to any other or subsequent act <br />or omission or to waive the requirement for Beneficiary's or Trustee's consent to be obtained in <br />any future or other instance. No amendment to or modification of this Deed of Trust shall be <br />effective unless and until such amendment or modification is in writing, executed by Trustor and <br />Beneficiary. Without limiting the generality of the foregoing, Beneficiary's acceptance of <br />Page 19 of 24 <br />REV: 05-29-19 VR <br />ATTY/AGR.2019.147/Redwood Oaks Associates 11 LP - Deed of Trust <br />