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07/27/2015
<br /> 7.3.A. - Page 45
<br /> and disposal; or (iv)the use, release or disposal of toxic or hazardous substances or Hazardous
<br /> Materials or the remediation of air, surface waters, groundwaters or soil, as now or may at any
<br /> later time be in effect, including but not limited to the Toxic Substances Control Act [15 U.S.C.
<br /> 2601, et seq.], the Comprehensive Environmental Response, Compensation and Liability Act
<br /> [42 U.S.C. Section 9601, et seq.], tne Hazardous Materials Transportation Authorization Act [49
<br /> U.S.C. Section 5101, et seq.], the Resource Conservation and Recovery Act[42 U.S.C. 6901, et
<br /> seq.], the Federal Water Pollution Control Act [33 U.S.C. Section 1251], the Clean Air Act [42
<br /> U.S.C. Section 7401, et seq.], the California Underground Storage of Hazardous Substances
<br /> Act [California Health and Safety Code Section 25280, et seq.], the California Hazardous
<br /> Substances Account Act [California Health and Safety Code Section 25300, et seq.], the
<br /> California Hazardous Waste Act [California Health and Safety Code Section 25100, et seq.], the
<br /> California Safe Drinking Water and Toxic Enforcement Act [California Health and Safety Code
<br /> Section 25249.5, et seq.], and the Porter-Cologne Water Quality Control Act [California Water
<br /> Code Section 13000, et seq.], as they now exist or are hereafter amended, together with any
<br /> regulations promulgated thereunder.
<br /> ARTICLE VIII
<br /> MISCELLANEOUS
<br /> Section 8.1. Amendments
<br /> This instrument cannot be waived, changed, discharged or terminated orally, but only by an
<br /> instrument in writing signed by the party against whom enforcement of any waiver, change,
<br /> discharge or termination is sought.
<br /> Section 8.2. Notices
<br /> Whenever Beneficiary, Trustor or Trustee shall desire to give or serve any notice, demand,
<br /> request or other communication with respect to this Deed of Trust, each such notice, demand,
<br /> request, or other communication shall be in writing and shall be effective only if the same is
<br /> delivered by personal service or mailed by registered or certified mail, postage prepaid, return
<br /> receipts requested, or by telecopier or facsimile transmission, addressed to the address set
<br /> forth in the first paragraph of this Deed of Trust. Any party may at any time change its address
<br /> for such notices by delivering or mailing to the other parties hereto, as aforesaid, a notice of
<br /> such change.
<br /> Section 8.3. Caqtions
<br /> The captions or headings at the beginning of each Section hereof are for the convenience of the
<br /> parties are not a part of this Deed of Trust.
<br /> Section 8.4. Severabilitv
<br /> Every provision of this Deed of Trust is intended to be severable. In the event any term or
<br /> provision thereof is declared to be illegal or invalid for any reason whatsoever by a court of
<br /> competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and
<br /> provisions hereof, which terms and provisions shall remain binding and enforceable. If the lien
<br /> of this Deed of Trust is invalid or unenforceable as to any part of the Security, the unsecured or
<br /> partially secured portion of the debt, and all payments made on the debt, whether voluntary or
<br /> under foreclosure or other enforcement action or procedure, shall be considered to have been
<br /> OAK#4852-3988-7653 v1
<br /> ATTY/RES0.3085/CC RESO RWC FIRE SAFETY FIRST PILOT PROGRAM ATTACHMENT B-4 DEED OF TRUST
<br /> REV:07-22-15 VR
<br /> Page 14 of 19
<br /> 39 RESO.#15428
<br /> MUFF#705
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