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If to City: <br />City of Santa Ana <br />Executive Director of Public Works Agency <br />20 Civic Center Plaza <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />11. Lender Protection. Nothing in this Agreement shall be construed as giving any <br />party priority over the rights of beneficiaries of first deeds of trust encumbering any portion of <br />the Developer Property. No breach of this Agreement shall invalidate the lien of any first deed <br />of trust encumbering the Developer Property. <br />12. Headings. The titles or headings of the sections of this Agreement are not a part <br />of the Agreement and shall have no effect upon the construction of or interpretation of this <br />Agreement. <br />13. Execution in Counterpart. This Agreement may be executed in counterparts, <br />each of which shall be deemed an original, but all of which, together, shall constitute one and the <br />same instrument. <br />SMRH:485365450.6 -5- <br />