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. <br /> <br />NpTE AND AGREEMENT SECURED BY A DEED OF TRUST ~g z or ~ <br />(Cont. ) <br />13, The indebtedness evidenced by this NOTE AND AGREEMENT is secured bJ' a Decd of Trust dated Fcbrt><1ry 20, 2x)01 <br />14, Should it become necessary to commence 1ega1 ptoeeeCiings to enforce any of nc~ provisions of this NOTE AND <br />AGREEMENT, the parties agree that the prevailing party shall be entitled to alf legal costs incurred in connection therewith <br />including a reasonable sum for attorney's fees. <br />15, if any provision or application of this NOTE AND AGREEMENT is held imraHd by a cottrt of laa~. such ittvalidity shall not <br />affect other provisions or applications of tltis NOTE AND AGREEMENT which can be given effect without the invalid <br />provision or application, and to this end tltc grovisians of this NOTE AND AGREEMENT arc severable. <br />1t~, In the event the PROPERTY is sold pursuant to a Power of Sale under a Deed of Trust encumbering the PROPERTY or <br />under any other lien encumbering the PROP>RTY, this NOTE AND AGREEMENT shall terminate and become void. Arty <br />paytttettts of surplus proceeds from such sale raxived by BUYER shall be paid by BUYER to the SELLER <br />Dated: ~ ~t r .'~v o / <br />APPROVED AS TO FORM <br />Joseph W. Fletcher <br />City Attorney <br />By `" Bcnjantin Kaufman (/ <br />Chief Assistant City Attorney <br />STATE OF CALIFORNIA <br />DEPT OF TRANSPORTATiQN <br />SELLER <br />By B A MORRISON <br />Real Property SCrvices, Chief <br />(Notary acknowledgments must be attached <br />per Civil Code Section 1 !80 et seq.) <br />r~' - -`~ <br />Attest: Patricia E Hc;aly <br />Clerk of2lte Caunc~ <br />