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CITY COUNCIL DRAFT <br />21. City's Rights 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 payment <br />of any or all such indebtedness, (ii) extend the time for or agree to alter the terms of payment of <br />any or all of such indebtedness, and (iii) release or accept additional security for such indebtedness, <br />or subordinate the lien or charge hereof, and (b) Trustee, acting pursuant to the written request of <br />the City, may reconvey all or any part of the Property, consent to the making of any map or plot <br />of the Land, join in granting any easement thereon, or join in any extension agreement of any <br />agreement subordinating the lien or charge hereof. <br />22. Subordination. Absent the prior written consent of City, this Deed of Trust shall <br />not be subordinated to any other deed of trust or encumbrance on the Property, except a First Lien, <br />as allowed by the Affordable Housing Resale Restrictions. <br />23. Request for Notice. City requests that copies of any notice of default and notice of <br />sale affecting the Property be sent to City at its address set forth herein. City shall record a Request <br />for Notice of Default and Sale. <br />24. Notices. All notices, requests, demands, reports or other communications regarding <br />this Deed of Trust shall be in writing and delivered: (i) personally; or (ii) by independent, <br />reputable, overnight commercial courier; or (iii) by deposit in the United States mail, postage and <br />fees fully prepaid, registered or certified mail, with return receipt requested, and addressed as <br />follows, or to such other address as specified in written notice delivered to the parties pursuant to <br />this Section: <br />To Trustor: At the Property address. <br />To City: City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />Santa Ana, CA 92702 <br />Attn: City Clerk <br />Any notice that is personally delivered (including by means of professional messenger <br />service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal <br />Service), shall be deemed received on the documented date of delivery thereof. <br />25. Successors Bound. The terms of this Deed of Trust shall be binding upon the <br />Trustor and the Trustor's heirs, legatees, devisees, administrators, executors, successors and <br />assigns. <br />26. Attorneys' Fees and Costs. If any legal action is filed to enforce or interpret this <br />Deed of Trust, or the interpretation or enforcement thereof, the prevailing party shall be entitled to <br />an award of its reasonable attorneys' fees, costs and expenses incurred therein. <br />Exhibit D <br />Page 59 <br />5 53 94.0010 1 \43721567.2 <br />