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recitals in such deed of any matters or facts shall be conclusive proof of their truthfulness. Upon
<br />sale by Trustee and 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 made or costs
<br />or expenses paid or incurred by City under this Deed of Trust, any indebtedness evidenced by any
<br />other instrument hereby secured, and all other sums then secured hereby, including without
<br />limitation, interest as provided in the Loan Agreement, the Note, and the HOME Program
<br />Regulatory Agreement, in such order as the City shall direct; and then the remainder, if any, shall
<br />be paid to the person or persons legally entitled thereto.
<br />14. 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
<br />or remedy hereunder shall operate as a waiver thereof or preclude the exercise thereof in any
<br />continued or subsequent default hereunder. All remedies provided in this Deed of Trust are
<br />distinct and cumulative to any other right or remedy under this Deed of Trust or any other
<br />document, or afforded by law or equity, and may be exercised concurrently, independently or
<br />successively. No sale of the Property, forbearance on the part of City, or extension of the time for
<br />payment of the indebtedness hereby secured shall operate to release, discharge, waive, modify,
<br />change or affect the liability of Trustor either in whole or in part.
<br />15. 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 Loan Agreement, the Note, the
<br />HOME Program Regulatory Agreement, and this Deed of Trust; or (ii) the failure at any time of
<br />any of Trustor's representations or warranties herein or in the Loan Agreement, the Note, or the
<br />HOME Program Regulatory Agreement to be true and correct.
<br />16. 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 Loan Agreement, the Note, or the
<br />HOME Program Regulatory Agreement, the City may, at its option, require immediate payment
<br />in full of all sums due under the Loan Agreement and the Note.
<br />17. Reconveyance. Upon the termination or expiration of the HOME Program
<br />Regulatory Agreement, and in accordance with the terms therein, City shall record a release and
<br />reconveyance of this Deed of Trust and the HOME Program Regulatory Agreement.
<br />18. Trustee Substitution. The City, at its option and without prior notice, may from
<br />time to time, by written instrument, remove the Trustee and appoint a successor trustee pursuant
<br />to a written instrument executed by City and duly acknowledged and recorded in the Official
<br />Records of San Mateo County. Such instrument shall be conclusive proof of proper substitution
<br />of such successor Trustee or Trustees, who shall, without conveyance from the predecessor
<br />Trustee, succeed to all the title, estate, power and duties conferred upon the Trustee herein and
<br />by applicable law. Such instrument shall set forth the name of the Trustor, the original Trustee
<br />Deed of Trust Securing Performance
<br />1619\0113026818.1
<br />SF #4828-5596-4108 v3
<br />REV: 05-19-2021 SK
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