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EXHIBIT 3 <br />R. Protection of the Beneficiary s Security- Tf Tnlstor fails to perform the <br />covenants and agreements contained in this City Deed ol'Trttst or i f any action or <br />pruceccling is commenced which materially alTccts the Bcncliciary's interest in the Scen-ity, <br />including, but not limited to, detault under the City Deed of Tntst securing any smiler <br />lender, eminent domain, insolvency, code enforcement, oranangerrrents or proceedings <br />involving a lhankrupl or decedent, then the Reneliciary, at the Reneliciary's option, upon <br />notice ut Truslor, may Mahe such appearances, disburse such sums and take such action as it <br />determines necessary to protect the Benetciary's interest, including, but not limited to, <br />disbursement of reasonable attorneys' fees and entry upon the Security to make repairs. <br />Any amounts disbursed by the Beneficiary pursuant to this paragraph, with interest <br />thereon, will become au indebtedness ofTnrstor secured by dris City Deed of TYtr,t. Unless <br />Ttusmr and the Beneficiary agree to other terms of payment, such amount will be payable <br />upon notice from the Beneficiary to T ustor requesting payment thereof, and will bear <br />interest lion the dale ofdisbursennenl al the rile payable lions lime lO (line on outstanding <br />principal tinder the City Loan Note unless payment of interest at such rate would be contrary <br />to applicable law, in which event such amour us will bear interest at the highest rate <br />permissible under applicable law. Nothing contained in this paragraph will require the <br />Beneficiary to insure any expense or rake any action hereunder. <br />9. luspection- The Beneficiary may tnake, or cause to be made, reasonable <br />entries upon and inspection, ufthc Security during normal business lretaa; pruvidcd that the <br />Itcrleticiarywill give'Ihtstor not loss than torty-eight (48) hours' prior written notice of <br />inspection. <br />10. Forbearance by the Beneficiary Not a Waiver. Any forbcarance by the <br />Beneficiary in exercising any right or remedy will not be a waiver of the exercise of any <br />such right or remedy. The procurement of insurance Or the payment Of r<rxes Or Other liens <br />or charges by the Beneficiary will not he a waiver of the Beneficiary's right to accelerate the <br />maturity of the indebtedness Secured by this City Deed Of frust- <br />1 1. Remedies Cunnilative. All remedies provided in this City Deed of Trust are <br />distinct and cumulative to any other right or rpnedyundcr this City Decd of hnt.st or any <br />Wier document, or a0brded by law or equity, and nnay be exercised concurrently, <br />independently or sucecssivc1y- <br />12. Successors and Assisin, BOUnd. The covenants and agreements herein <br />cnnrrined shall hind, :-red the rights hereunder shall inure to, the respective successors and <br />assigns of the Beneficiary and I ntstor suhjeCt to the provisions of this City Deed Of'[ nest. <br />13. Joint and Scycral Liability. All covenants and aura rncnts of Truster shall be <br />joint and several. <br />14. Notice. Except for any notice required raider applicable law to be given in <br />another manner, (a) any notice to Trustor provided tin in this City Dccd of Trust will be <br />given b-y certified retail, return receipt requested, addressed to Truster at 17701 Cotian <br />City Council 4 21 — 66 4/20/2021 <br />