80A - JOINT PH - TRANSIT ZONING CODE, FINAL EIR, SPECIFIC PLAN ETC. - ORIGINAL PACKET PROVIDED TO COUNCIL

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such notices by delivering or mailing to the other parties hereto, as aforesaid, a notice of such charge. Section 5.5 Acceptance by TrUStee. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is remade a public record as provided by law. Section 5.6 Captions. The captions or headings at the beginning of each Section hereof are for the convenience of the parties and are not a patt of this Deed of Tryst. Section 5.7 Invalidity,,of Certain Provisions. Every prevision of this Deed of TrUst is intended to be severable. In the event any terra or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions ns shall remain binding and enforceable. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the debt, or if the lien is invalid or unenforceable as to any part of the Security, the unsecured or partially secured portion of the debt, and all payments jade on the debt, whether voluntary r under foreclosure or other enforcement ent action or procedure, shall be considered to have been first paid on and applied to the fall payment of that portion of the debt -which is not secured or partially secured by the lien of this Deed of TrUst. Section . No M er x•. If title to the Property shall become e vested in the Beneficiary, this Deed of Trust and the lien created hereby shall not be destroyed or terminated by application of the doctrine of irrerger and, ill SLIch evert, Beneficiary shall continue to have and enjoy all of the rights and privileges of Beneficiary tinder this Deed of Trust. In addition, upon foreclosure under this Deed of Trust p it Wallt to the provisions hereof, any bases or subleases then existing and affecting all or any portion of the Security shall not be destroyed or terminated by application of the law of Merger or as a matter of law or as a result of such foreclosure unless Beneficiary or any purchaser at any such foreclosure shall so elect. No act by or on behalf of Beneficiary or any such purchaser shall constitute a termination n f any lease or sublease unless Beneficiary or such purchaser shall give written notice of termination to such tenant or subtenant. Section 5.9 Governing in Law. This Deed of TrU t shall be governed by and construed in accordance with the laws of the State of California. Section 5.10 Gender and Number. In this Deed of Trust the singular shall include the plural and the masculine shall include the feminine and nester and vice versa, if the context s requires. Section 5.11 N ndisturbance Agreement. In the evert of any foreclosure of this Deed of Trust or a transfer in lieu of foreclosure, enefleiar• r other transferee shall recognize and y g not disturb the possession, tenancy, leasehold estate and rights of all tenants and occupants of the Property or any portion thereof, and shall honor and abide by all of the tern s, covenants and conditions f each lease for the remaining balance of the term or extension thereof with the same force and effect as if Beneficiary or such other transferee were the original lessor tinder the lease; provided, however, that the tenant is not in default under its lease and Beneficiary or such other transferee shall not be a liable for any damage, loss or expense arising from any act or omission ATTACHMENT NO. -8 DOCSO CA 400673v 1312 00272-000