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(b) Notwithstanding subsection (a) of this Section, in the event of a <br />default by the Borrower under any deed of trust senior to this Deed of Trust, no notice to <br />Borrower shall be required prior to acceleration. <br />(c) If the breach is not cured on or before the date specified in the <br />notice, the City, at the City's option, may: (i) declare all of the sums secured by this <br />Deed of Trust to be immediately due and payable without further demand and may <br />invoke the power of sale and any other remedies permitted by California law; (ii) either <br />in person or by agent, with or without bringing any action or proceeding, or by a receiver <br />appointed by a court, and without regard to the adequacy of its security, enter upon the <br />Security and take possession thereof (or any part thereof) and of any of the Security, in <br />its own name or in the name of Trustee, and do any acts which it deems necessary or <br />desirable to preserve the value or marketability of the Property, or part thereof or <br />interest therein, increase the income therefrom or protect the security thereof. The <br />entering upon and taking possession of the Security shall not cure or waive any breach <br />hereunder or invalidate any act done in response to such breach and, notwithstanding <br />the continuance in possession of the Security, the City shall be entitled to exercise <br />every right provided for in this Deed of Trust, or by law upon occurrence of any uncured <br />breach, including the right to exercise the power of sale; (iii) commence an action to <br />foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce <br />any of the covenants hereof; (iv) deliver to Trustee a written declaration of default and <br />demand for sale, pursuant to the provisions for notice of sale found at California Civil <br />Code Sections 2924 et seq., as amended from time to time; or (v) exercise all other <br />rights and remedies provided herein, in the instruments by which the Borrower acquires <br />title to any Security, or in any other document or agreement now or hereafter <br />evidencing, creating or securing all or any portion of the obligations secured hereby, or <br />provided by law. <br />(d) The City shall be entitled to collect all reasonable costs and <br />expenses incurred in pursuing the remedies provided in this paragraph, including, but <br />not limited to, reasonable attorney's fees. <br />16. Borrower's Right to Reinstate. Notwithstanding the City's acceleration of <br />the sums secured by this Deed of Trust, Borrower will have the right to have any <br />proceedings begun by the City to enforce this Deed of Trust discontinued at any time <br />prior to five (5) days before sale of the Security pursuant to the power of sale contained <br />in this Deed of Trust or at any time prior to entry of a judgment enforcing this Deed of <br />Trust if: (a) Borrower pays City all sums which would be then due under this Deed of <br />Trust and no acceleration under this Deed of Trust or the Promissory Note has <br />occurred; (b) Borrower cures all breaches of any other covenants or agreements of <br />Borrower contained in the Promissory Note or this Deed of Trust; (c) Borrower pays all <br />reasonable expenses incurred by City and Trustee in enforcing the covenants and <br />agreements of Borrower contained in the Promissory Note or this Deed of Trust, and in <br />enforcing the City's and Trustee's remedies, including, but not limited to, reasonable <br />attorney's fees; and (d) Borrower takes such action as City may reasonably require to <br />assure that the lien of this Deed of Trust and City's interest in the Security and <br />4 <br />