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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 distinct
<br />and cumulative to any other right or remedy under- this Deed of Trust or any other document, or
<br />afforded by law or equity, and may be exercised concurrently, independently or successively. No
<br />sale of the Property, forbearance on the part of City, or extension of the time for payment of the
<br />indebtedness hereby secured shall operate to release, discharge, waive, modify, change or affect
<br />the liability of Trustor either in whole or in part.
<br />17• lRdPIM—n—i-ty. 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 Resale Restriction Agreement and
<br />this Deed of Trust; or (ii) the failure at any time of any of Trustor's representations or warranties
<br />herein or in the Resale Restriction Agreement to be true and correct.
<br />18, Due nn Tran fer of the 131-1-1-N. If the Trustor sells, conveys, assigns, transfers,
<br />alienates, or otherwise disposes of its iitterest in the Property, either voluntarily or involuntarily or by
<br />operation of law, in part or in full, in violation of the Resale Restriction Agreement, the City may, at
<br />its option, require immediate payment in full of all sums due under the Resale Restriction Agreement.
<br />19. Reconye ante. Upon the sale of the Property to an Eligible Household as defined
<br />in and in accordance with the Resale Restriction Agreement, and upon the recordation of a new
<br />Resale Restriction Agreement and deed of trust for the benefit of City, City shall cause a release
<br />and reconveyance of this Deed of Trust to be recorded.
<br />20. Trustee Su stitutian. 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 by
<br />applicable law. Such instrument shall set forth the name of the Trustor, the original Trustee and
<br />the Beneficiary hereunder, the book and page where this Deed of Trust is recorded, and the name and
<br />address of the new Trustee.
<br />21. Cii 's Ri h is to Release. Without affecting the liability of any person for payment
<br />of any indebtedness hereby secured (other than any person released pursuant hereto), including
<br />without limitation any one or more endorsers or guarantors, and without affecting the lien hereof
<br />upon any of the Property not released pursuant hereto, at any time and from time to time without
<br />notice: (a) City may in its sole discretion: (i) release any person now or hereafter liable for
<br />payment of any or all such indebtedness, (ii) extend the time for or agree to alter the terms of
<br />payment of any or all of such indebtedness, and (iii) release or accept additional security for such
<br />indebtedness, or subordinate the lien or charge hereof, and (b) Trustee, acting pursuant to the
<br />written request of the City, may reconvey all or any part of the Property, consent to the making of
<br />any map or plot of the Land, join in granting any easement thereon, or Coln in any extension
<br />agreement of any agreement subordinating the lien or charge hereof.
<br />REV: 08-17-22 SK
<br />ATTY/AGR.2022.283/Habitat 612 Jefferson (05_City Housing Grant Deed of Trust 401) (Page 9 of 15)
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