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RES 2024040
City of Pleasanton
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RES 2024040
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
6/4/2024
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19 <br />4860-6036-3710v2 <br />a manner as to avoid a merger of the interests of landlord and tenant unless Beneficiary consents <br />to such merger in writing. <br /> <br />10.4 If Trustor acquires fee title to any portion of the real property subject to the <br />Ground Lease, this Deed of Trust shall automatically be a lien on such fee title. <br />10.5 Except as permitted by the City Documents, Trustor shall not subordinate the <br />Ground Lease or Leasehold to any deed of trust or other encumbrance of, or lien on, any interest <br />in the real property subject to such Leasehold without the prior written consent of Beneficiary. <br />Any such subordination without such consent shall, at Beneficiary's option, be void. <br /> <br />10.6 Trustor shall notify Beneficiary promptly in writing of the institution of any legal <br />proceeding involving obligations under the Ground Lease, and Beneficiary may intervene in any <br />such legal proceeding and be made a party. Trustor shall promptly provide Beneficiary with a <br />copy of any decision rendered in connection with any such proceeding. <br /> <br />10.7 To the extent permitted by law, the price payable by Trustor or any other party in <br />the exercise of the right of redemption, if any, from any sale under, or decree of foreclosure of, <br />this Deed of Trust shall include all rents and other amounts paid and other sums advanced by <br />Beneficiary on behalf of Trustor as the tenant under the Ground Lease. <br /> <br />10.8 Trustor shall promptly notify the landlord in writing, in accordance with Section <br />25359.7 of the California Health and Safety Code and any successor and/or similar statutes (and <br />shall simultaneously notify Beneficiary in writing), in the event that Trustor knows or has cause <br />to believe that any Hazardous Materials have come to be located on or beneath the property <br />leased under the Ground Lease. <br /> <br />10.9 The generality of the provisions of this Deed of Trust shall not be limited by any <br />provision of Section 10 and the subsections thereof that sets forth particular obligations of <br />Trustor as the tenant under the Ground Lease. <br /> <br />11. Miscellaneous Provisions. <br />11.1 Additional Provisions. The City Documents grant further rights to Beneficiary <br />and contain further agreements and affirmative and negative covenants by Trustor which apply <br />to this Deed of Trust and the Property. <br />11.2 Notices. Trustor requests that a copy of notice of default and notice of sale be <br />mailed to Trustor at the address set forth below. That address is also the mailing address of <br />Trustor as debtor under the UCC. Beneficiary’s address set forth below is the address for <br />Beneficiary as secured party under the UCC. Except for any notice required under applicable <br />law to be given in another manner, all notices to be sent pursuant to this Deed of Trust shall be <br />made in writing, and sent to the parties at their respective addresses specified below or to such <br />other address as a party may designate by written notice delivered to the other parties in <br />accordance with this Section. All such notices shall be sent by: (a) personal delivery, in which <br />case notice shall be deemed delivered upon receipt; (b) certified or registered mail, return receipt <br />requested, in which case notice shall be deemed delivered two (2) business days after deposit,
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