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3. Covenant Regarding Gas Service. Borrower covenants and agrees that Borrower, its contractor, tenant or agent shall not be allowed or entitled to have natural gas service provided or connected to any buildings or improvements on the Property until Borrower has paid all amounts due under the Promissory Note. 4. Charges; Liens. Borrower will pay all taxes, assessments, and other charges, fines, and impositions attributable to the Security which may attain a priority over this Deed of Trust, by Borrower making any payment, when due, directly to the payee thereof. 5. Forbearance by the City Not a Waiver. Any forbearance by the City in exercising any right or remedy will not be a waiver of the exercise of any such right or remedy, nor shall acceptance by the City of any payment provided for in the Promissory Note constitute a waiver of the City's right to require prompt payment of any remaining principal and interest owed. 6. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under the Promissory Note, or afforded by law or equity, and may be exercised concurrently, independently or successively. 7. Successors and Assigns Bound. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of the City and Borrower subject to the provisions of this Deed of Trust. 8. Joint and Several Liability. All covenants and agreements of Borrower shall be joint and several. 9. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Deed of Trust will be given by certified mail, return receipt requested, addressed to Borrower at the address shown in the first paragraph of this Deed of Trust or such other address as Borrower may designate by notice to the City as provided herein, and (b) any notice to the City will be given by certified mail, return receipt requested, to the City of Pleasanton, 123 Main Street, Pleasanton, CA 94566-0802, Attn: City Manager, or to such other address as the City may designate by notice to Borrower as provided above. Notice shall be effective as of the date received by City or Borrower as shown on the return receipt. 10. Governing Law. This Deed of Trust shall be governed by the laws of the State of California. The venue for any legal action pertaining to this Agreement shall be Alameda County, California. 11. Severability. In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict will not affect other provisions of this Deed of 2