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6.B. - Page 104 of 113
<br />or facts shall be conclusive proof of their truthfulness. Upon sale by Trustee and
<br />after deducting all costs, expenses and fees of Trustee, Trustee shall apply the
<br />proceeds of sale to the payment of the indebtedness hereby secured, any advances
<br />made or costs or expenses paid or incurred by City under this Deed of Trust, any
<br />indebtedness evidenced by any other instrument hereby secured, and all other sums
<br />then secured hereby, including without limitation, interest as provided in the
<br />Grant Agreement and the Regulatory Agreement, in such order as the City shall
<br />direct; and then the remainder, if any, shall be paid to the person or persons legally
<br />entitled thereto.
<br />16. Remedies Cumulative: No Waiver. No exercise of any right or remedy by the
<br />City or Trustee hereunder shall constitute a waiver of any other right or remedy herein contained
<br />or provided by law, and no delay or forbearance by the City or Trustee in exercising any such right or
<br />remedy hereunder shall operate as a waiver thereof or preclude the exercise thereof in any continued
<br />or subsequent default hereunder. All remedies provided in this Deed of Trust are distinct and
<br />cumulative to any other right or remedy under this Deed of Trust or any other document, or afforded
<br />by law or equity, and may be exercised concurrently, independently or successively. No sale of the
<br />Property, forbearance on the part of City, or extension of the time for payment of the indebtedness
<br />hereby secured shall operate to release, discharge, waive, modify, change or affect the liability of
<br />Trustor either in whole or in part.
<br />17. Indemnity. Trustor agrees to defend, indemnify, and hold the City of Redwood
<br />City and its elected and appointed, officers, officials, employees, agents, contractors and
<br />consultants harmless from all losses, damages, liabilities, claims, actions, judgments, costs, and
<br />reasonable attorneys' fees that they may incur as a direct or indirect consequence of: (i) Trustor' s
<br />failure to perform any obligations as and when required by the Grant Agreement, the Regulatory
<br />Agreement, and this Deed of Trust; or (ii) the failure at any time of any of Trustor's representations
<br />or warranties herein or in the Grant Agreement or the Regulatory Agreement to be true and
<br />correct.
<br />18. Due on Transfer of the Property. If the Trustor sells, conveys, assigns, transfers,
<br />alienates, or otherwise disposes of its interest in the Property, either voluntarily or involuntarily
<br />or by operation of law, in part or in full, in violation of the Grant Agreement or the Regulatory
<br />Agreement, the City may, at its option, require immediate payment in full of all sums due under
<br />the Grant Agreement.
<br />19. Reconveyance. Upon the sale of each individual residential unit constructed on
<br />the Property to an Eligible Household as defined in and in accordance with the Regulatory
<br />Agreement, and upon the recordation of a Resale Restriction Agreement and a Homebuyer Deed
<br />of Trust, each as defined in the Regulatory Agreement, City shall record a release and
<br />reconveyance of this Deed of Trust as to that individual residential unit.
<br />20. Trustee Substitution. The City, at its option and without prior notice, may from time to
<br />time, by written instrument, remove the Trustee and appoint a successor trustee pursuant to a written
<br />instrument executed by City and duly acknowledged and recorded in the Official Records of San Mateo
<br />County. Such instrument shall be conclusive proof of proper substitution of such successor Trustee or
<br />Trustees, who shall, without conveyance from the predecessor Trustee, succeed to all the title, estate, power
<br />REV: 01-22-21 PR
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<br />ATTY/AGR.2020.305/Habitat for Humanity Greater San Francisco (Grant Agreement w/ Exhibits) (Page 100 of 109)
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