Laserfiche WebLink
CITY COUNCIL DRAFT <br />27. No Waiver. Any waiver of any term or provision of this Deed of Trust must be in <br />writing. No waiver shall be implied from any delay or failure by City to take action on any breach <br />or default hereunder or to pursue any remedy allowed under this Deed of Trust or applicable law. <br />No failure or delay by City at any time to require strict performance of any provision of this Deed <br />of Trust or to exercise any election contained herein or any right, power or remedy hereunder shall <br />be construed as a waiver of any other provision or any succeeding breach of the same or any other <br />provision hereof or a relinquishment for the future of such election. <br />28. No Third -Party Beneficiaries. This Deed of Trust shall not benefit or be <br />enforceable by any person or entity except the City, the Trustee, and the Trustor and their <br />respective successors and assigns. <br />29. Entire Agreement. This Deed of Trust, together with the Affordable Housing <br />Resale Restrictions and the Note, sets forth the entire understanding between Trustor and the City <br />with respect to the subject matter hereof. Any previous representations, warranties, agreements, <br />and understandings among the parties regarding the subject matter of the Affordable Housing <br />Resale Restrictions, this Deed of Trust and Note whether written or oral, are superseded by the <br />terms of the Affordable Housing Resale Restrictions, the Note and this Deed of Trust. <br />30. Amendments. This Deed of Trust shall not be amended except by a written <br />instrument duly executed by Trustor and Beneficiary and recorded in the Official Records of <br />Orange. <br />31. Severability. If any provision of this Deed of Trust shall be held by a court of <br />competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and <br />enforceability of the remaining provisions of this Deed of Trust shall not be affected or impaired <br />thereby. <br />32. Controlling Law and Venue. The terms of this Deed of Trust shall be interpreted <br />under the laws of the State of California without regard to principles of conflicts of law. This Deed <br />of Trust was entered into and is to be performed in the County of Orange, which is the exclusive <br />venue for any action or dispute arising out of this Deed of Trust. <br />33. Captions and Gender. All captions and headings in this Deed of Trust are for the <br />purposes of reference and convenience and shall be disregarded for all other purposes, including <br />the construction or enforcement of any of provisions thereof. Whenever the context so requires, <br />the masculine gender includes the feminine and/or neuter, and the singular number includes the <br />plural. <br />34. Joint and Several. The obligations of each signatory to this Deed of Trust shall be <br />joint and several. <br />35. Time of the Essence. Time is of the essence with regard to all matters contained in <br />this Deed of Trust. <br />Exhibit D <br />Page 60 <br />5 53 94.0010 1 \43721567.2 <br />