RES 2011-0705 - Contract with Malone Place LLC for 3106 Dodge St EPA lead-based paint stabilization program project ONLAHA,Ark,
of e�� Planning Department
u`�i`��, �� Omaha/Douglas Civic Center
RECEIVED
..z ~ Am N 1819 Farnam Street,Suite 1100
n®, rJ�1 tt MAY
^7 PM Omaha,Nebraska 68183
°�, ro F '1 Mi i 2 r I-11 3: (�9 (402)444-5150
oq �y Telefax(402)444-6140
�TFD FEBRVr CIT'a` ` R.E.Cunningham,RA,F.SAME
City of Omaha OM . A, E 4 n s 0 Director
Jim Suttle,Mayor
June 14,2011
Honorable President
and Members of the City Council,
The attached Resolution approves a Contract with Malone Place, LLC for the 3106 Dodge Street City of Omaha
Exterior Paint Stabilization Program Project. The City of Omaha—U.S.EPA Cooperative Agreement Assistance ID
No.V-78767501 authorizes this work.
The following bids were received on May 18,2011.
CONTRACTOR TOTAL BID
Coleman Construction Company $20,500.00(withdrew bid)
MALONE PLACE,LLC $25,418.00(RECOMMENDED BID)
Tyrice Painting $30,000.00
G&M Painting $31,165.00
New Designs Construction $32,720.00
M.S. Services,Inc. $38,000.00
Cherek's Home Repair $41,968.00
Brown's Commercial Cleaning $55,000.00
GWA,LLC $59,500.00
The Contractor has on file a current Annual Contract Compliance Report Form (CC-1). As is City policy, the
Human Relations Director will continue to review the Contractor to ensure compliance with the Contract
Compliance Ordinance.
The Finance Department is authorized to pay the cost of the project in the amount of$25,418.00 from the City of
Omaha — U.S. EPA Cooperative Agreement Assistance ID No. V-78767501 out of Lead Hazard Fund 12136,
Organization 128017.
The Planning Department recommends acceptance of the bid from Malone Place,LLC in the amount of$25,418.00,
being the lowest and best bid received,and request your consideration and approval of this Resolution.
Respectfully submitted, Referred to City Council for Consideration:
16.
4e,44,,, ,A0P# -... NI pa
E. Cunnn: am, ; ME Date Mayor's Office Title Date
Planning I rector ei
Approved as to tin.mg: Approved:
___ ':2__, ---- ‘,10-7.--11 (.420tA. yAlldtk....._,_
Pam Spaccarotella Date Tom Marfisi Date
Finance Director Human Rights and Relations Director
Plnlsfl538-cover letter
CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES(such as changes in paying office,
appropriation date,etc.)SET FORTH IN ITEM 14,PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
C.THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D.OTHER(Specify type of modification and authority)
X CLAUSE H.10
E.IMPORTANT:Contractor ❑ is not, is required to sign this document and return_2_copies to the issuing office.
14.DESCRIPTION OF AMENDMENT/MODIFICATION(Organized by UCF section headings,including solicitaiton/contract subject matter where feasible.)
PURPOSE:EXERCISE OPTION YEAR 1.PURSUANT TO CLAUSE H.10 OPTION TO EXTEND THE TERM OF THE CONTRACT,THE GOVERNEMENT HEREBY
EXERCISES OPTION YEAR 1 TO EXTEND CONTRACT PERFORMANCE FOR A PERIOD OF TWELVE(12)MONTHS COMMENCING OCTOBER 1,2010.,
•
Except as provided herein,all terms and conditions of the document referenced in Item 9A or 10A,as heretofore changed,remains unchanged and in full force and effect.
15A.NAME AND TITLE OF SIGNER(Type or print) 16A.NAME AND TITLE OF CONTRACTING OFFICER(Type or print)
• Caroline Fowler
Contracting Officer
46'/re S !J L/i�he S'�i.
. J.S . ONTRACTOR/OFFE 44, 15C.DATE SIGNED 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED
(g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer)
{
NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83)
Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243
411;F a sc5a= ti ,'Lhc
. • / i
ASSISTANT(.Ill/Grrnnn
sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
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$41,968.00
Brown's Commercial Cleaning $55,000.00
GWA,LLC $59,500.00
The Contractor has on file a current Annual Contract Compliance Report Form (CC-1). As is City policy, the
Human Relations Director will continue to review the Contractor to ensure compliance with the Contract
Compliance Ordinance.
The Finance Department is authorized to pay the cost of the project in the amount of$25,418.00 from the City of
Omaha — U.S. EPA Cooperative Agreement Assistance ID No. V-78767501 out of Lead Hazard Fund 12136,
Organization 128017.
The Planning Department recommends acceptance of the bid from Malone Place,LLC in the amount of$25,418.00,
being the lowest and best bid received,and request your consideration and approval of this Resolution.
Respectfully submitted, Referred to City Council for Consideration:
16.
4e,44,,, ,A0P# -... NI pa
E. Cunnn: am, ; ME Date Mayor's Office Title Date
Planning I rector ei
Approved as to tin.mg: Approved:
___ ':2__, ---- ‘,10-7.--11 (.420tA. yAlldtk....._,_
Pam Spaccarotella Date Tom Marfisi Date
Finance Director Human Rights and Relations Director
Plnlsfl538-cover letter
CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES(such as changes in paying office,
appropriation date,etc.)SET FORTH IN ITEM 14,PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
C.THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D.OTHER(Specify type of modification and authority)
X CLAUSE H.10
E.IMPORTANT:Contractor ❑ is not, is required to sign this document and return_2_copies to the issuing office.
14.DESCRIPTION OF AMENDMENT/MODIFICATION(Organized by UCF section headings,including solicitaiton/contract subject matter where feasible.)
PURPOSE:EXERCISE OPTION YEAR 1.PURSUANT TO CLAUSE H.10 OPTION TO EXTEND THE TERM OF THE CONTRACT,THE GOVERNEMENT HEREBY
EXERCISES OPTION YEAR 1 TO EXTEND CONTRACT PERFORMANCE FOR A PERIOD OF TWELVE(12)MONTHS COMMENCING OCTOBER 1,2010.,
•
Except as provided herein,all terms and conditions of the document referenced in Item 9A or 10A,as heretofore changed,remains unchanged and in full force and effect.
15A.NAME AND TITLE OF SIGNER(Type or print) 16A.NAME AND TITLE OF CONTRACTING OFFICER(Type or print)
• Caroline Fowler
Contracting Officer
46'/re S !J L/i�he S'�i.
. J.S . ONTRACTOR/OFFE 44, 15C.DATE SIGNED 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED
(g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer)
{
NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83)
Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243
411;F a sc5a= ti ,'Lhc
. • / i
ASSISTANT(.Ill/Grrnnn
sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
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Brown's Commercial Cleaning $55,000.00
GWA,LLC $59,500.00
The Contractor has on file a current Annual Contract Compliance Report Form (CC-1). As is City policy, the
Human Relations Director will continue to review the Contractor to ensure compliance with the Contract
Compliance Ordinance.
The Finance Department is authorized to pay the cost of the project in the amount of$25,418.00 from the City of
Omaha — U.S. EPA Cooperative Agreement Assistance ID No. V-78767501 out of Lead Hazard Fund 12136,
Organization 128017.
The Planning Department recommends acceptance of the bid from Malone Place,LLC in the amount of$25,418.00,
being the lowest and best bid received,and request your consideration and approval of this Resolution.
Respectfully submitted, Referred to City Council for Consideration:
16.
4e,44,,, ,A0P# -... NI pa
E. Cunnn: am, ; ME Date Mayor's Office Title Date
Planning I rector ei
Approved as to tin.mg: Approved:
___ ':2__, ---- ‘,10-7.--11 (.420tA. yAlldtk....._,_
Pam Spaccarotella Date Tom Marfisi Date
Finance Director Human Rights and Relations Director
Plnlsfl538-cover letter
CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES(such as changes in paying office,
appropriation date,etc.)SET FORTH IN ITEM 14,PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
C.THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D.OTHER(Specify type of modification and authority)
X CLAUSE H.10
E.IMPORTANT:Contractor ❑ is not, is required to sign this document and return_2_copies to the issuing office.
14.DESCRIPTION OF AMENDMENT/MODIFICATION(Organized by UCF section headings,including solicitaiton/contract subject matter where feasible.)
PURPOSE:EXERCISE OPTION YEAR 1.PURSUANT TO CLAUSE H.10 OPTION TO EXTEND THE TERM OF THE CONTRACT,THE GOVERNEMENT HEREBY
EXERCISES OPTION YEAR 1 TO EXTEND CONTRACT PERFORMANCE FOR A PERIOD OF TWELVE(12)MONTHS COMMENCING OCTOBER 1,2010.,
•
Except as provided herein,all terms and conditions of the document referenced in Item 9A or 10A,as heretofore changed,remains unchanged and in full force and effect.
15A.NAME AND TITLE OF SIGNER(Type or print) 16A.NAME AND TITLE OF CONTRACTING OFFICER(Type or print)
• Caroline Fowler
Contracting Officer
46'/re S !J L/i�he S'�i.
. J.S . ONTRACTOR/OFFE 44, 15C.DATE SIGNED 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED
(g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer)
{
NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83)
Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243
411;F a sc5a= ti ,'Lhc
. • / i
ASSISTANT(.Ill/Grrnnn
sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
EPA Paint Stabilization Program
City of Omaha Planning Department
Housing and Community Development Division
• Bid Withdraw Request
•
Dear Mr. James Thele, Assistant Planning Director
Concerning the bid I submitted on May 18, 2011 for lead-based paint
stabilization on the property located at 3106 DODGE ST, I request my bid be
withdrawn for the following reason:
Company Name
.sue 1-l/
uthorized Representative Date
7/30/2009
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C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
4 Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, bids were received on May 18, 2011 for the 3106 Dodge Street City
of Omaha Exterior Paint Stabilization Program Project; and,
WHEREAS, Malone Place, LLC submitted a bid of$25,418.00, being the lowest
and best bid within the bid specifications for the 3106 Dodge Street City of Omaha Exterior Paint
Stabilization Program Project; and,
WHEREAS, Malone Place, LLC has complied with the City's Contract
Compliance Ordinance No. 28885 in relation to Civil Rights - Human Relations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, as recommended by the Mayor, the contract with Malone Place, LLC. for
the 3106 Dodge Street EPA Lead-based Paint Stabilization Program Project is accepted and the
bid awarded; and that the Finance Department is authorized to pay $25,418.00 from the City of
Omaha— U.S. EPA Cooperative Agreement Assistance ID No. V-78767501 out of Lead Hazard
Fund 12136, Organization 128017.
APPROVED AS TO FORM:
tit
CITY ATTORNEY DATE
Plnlsf1538-res
hrin 'etei 1/ #
By....
r. icilmember
Adopted JUN .Z..20.11 6. "C)
City C erk
Approved........ .. . .., ayor
Contractor has on file a current Annual Contract Compliance Report Form (CC-1). As is City policy, the
Human Relations Director will continue to review the Contractor to ensure compliance with the Contract
Compliance Ordinance.
The Finance Department is authorized to pay the cost of the project in the amount of$25,418.00 from the City of
Omaha — U.S. EPA Cooperative Agreement Assistance ID No. V-78767501 out of Lead Hazard Fund 12136,
Organization 128017.
The Planning Department recommends acceptance of the bid from Malone Place,LLC in the amount of$25,418.00,
being the lowest and best bid received,and request your consideration and approval of this Resolution.
Respectfully submitted, Referred to City Council for Consideration:
16.
4e,44,,, ,A0P# -... NI pa
E. Cunnn: am, ; ME Date Mayor's Office Title Date
Planning I rector ei
Approved as to tin.mg: Approved:
___ ':2__, ---- ‘,10-7.--11 (.420tA. yAlldtk....._,_
Pam Spaccarotella Date Tom Marfisi Date
Finance Director Human Rights and Relations Director
Plnlsfl538-cover letter
CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES(such as changes in paying office,
appropriation date,etc.)SET FORTH IN ITEM 14,PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
C.THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D.OTHER(Specify type of modification and authority)
X CLAUSE H.10
E.IMPORTANT:Contractor ❑ is not, is required to sign this document and return_2_copies to the issuing office.
14.DESCRIPTION OF AMENDMENT/MODIFICATION(Organized by UCF section headings,including solicitaiton/contract subject matter where feasible.)
PURPOSE:EXERCISE OPTION YEAR 1.PURSUANT TO CLAUSE H.10 OPTION TO EXTEND THE TERM OF THE CONTRACT,THE GOVERNEMENT HEREBY
EXERCISES OPTION YEAR 1 TO EXTEND CONTRACT PERFORMANCE FOR A PERIOD OF TWELVE(12)MONTHS COMMENCING OCTOBER 1,2010.,
•
Except as provided herein,all terms and conditions of the document referenced in Item 9A or 10A,as heretofore changed,remains unchanged and in full force and effect.
15A.NAME AND TITLE OF SIGNER(Type or print) 16A.NAME AND TITLE OF CONTRACTING OFFICER(Type or print)
• Caroline Fowler
Contracting Officer
46'/re S !J L/i�he S'�i.
. J.S . ONTRACTOR/OFFE 44, 15C.DATE SIGNED 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED
(g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer)
{
NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83)
Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243
411;F a sc5a= ti ,'Lhc
. • / i
ASSISTANT(.Ill/Grrnnn
sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
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