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23 <br /> 4-4 No Remedy Exclusive; Delay not Waiver. All remedies under this <br /> Modified Deed of Trust are cumulative and may be exercised concurrently or <br /> separately. The exercise of any one remedy is not an election of that remedy as an <br /> exclusive remedy, nor does the exercise of one remedy preclude the exercise of any <br /> other remedy. If any Event of Default occurs and is later waived by the other party or <br /> parties, that waiver is limited to the default waived and does not constitute a waiver of <br /> any other default. The Deed of Trust Trustee and BNY-M may exercise every power or <br /> remedy given by this Modified Deed of Trust from time to time as often as the Deed of <br /> Trust Trustee or BNY-M may deem expedient. <br /> S. Additional Provisions <br /> 5-1 Notices. <br /> (a) Any communication provided for in this Modified Deed of Trust must <br /> be in English and must be in writing. "Writing" includes electronic mail. Facsimile <br /> transmission is not a permitted form of communication under this Modified Deed of <br /> Trust. <br /> (b) For the purposes of this Modified Deed of Trust, any communication <br /> sent by electronic mail will be deemed to have been given on the date the <br /> communication is similarly acknowledged by a County Representative (in the case <br /> of the County) or other authorized representative (in the case of any other party). <br /> No such communication will be deemed given or effective without such an <br /> acknowledgment. Any electronic communication to the Trustee is subject to the <br /> provisions of Section 9.02 of the 2018 Agreement. <br /> (c) Any other communication under this Modified Deed of Trust will be <br /> deemed given on the delivery date shown on a United States Postal Service certified <br /> mail receipt, or a delivery receipt (or similar evidence) from a national commercial <br /> package delivery service, if addressed as follows: <br /> (i) if to the County, to Orange County Manager, Re: Notice under <br /> 2026A LOBS Deed of Trust, Post Office Box 8181, Hillsborough, NC 27278 <br /> (ii) if to the Deed of Trust Trustee, to Deed of Trust Trustee, c/o <br /> The Bank of New York Mellon Trust Company, N.A., Re: Notice for 2026A <br /> 13 <br />