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<br />49 <br />The Crossroads at Washington <br />City HOME Loan Agreement <br />City of the right to require prompt performance of all further obligations; City's acceptance <br />of any performance following the sending or filing of any notice of default shall not <br />constitute a waiver of either party's right to proceed with the exercise of its remedies for <br />any unfulfilled obligations; and City's acceptance of any partial performance shall not <br />constitute a waiver by City of any rights. <br />20.4. Nonrecourse Liability. Neither Developer, nor any other party, including <br />any partner of Developer, shall have any personal liability under this Agreement, or the <br />attached City/HOME Loan Note and City/HOME Loan Deed of Trust, and any judgment, <br />decree or order for the payment of money obtained in any action to enforce the obligation <br />of Developer to repay the City/HOME Loan or any other amount evidenced or secured by <br />such documents shall be enforceable against Developer only to the extent of Developer’s <br />interest in the Property. <br />20.5. Limited Partner Cure. The City shall provide the Developer’s Limited <br />Partner with an opportunity to cure any default. Any cure made or tendered by Limited <br />Partner shall be accepted as if made by Developer. <br />Section 21. MISCELLANEOUS <br /> <br />21.1. Obligations Unconditional and Independent. Notwithstanding the <br />existence at any time of any obligation or liability of City to Developer, or any other claim <br />by developer against City, in connection with the City/HOME Loan or otherwise, <br />Developer hereby waives any right it might otherwise have: (a) to offset any such <br />obligation, liability or claim against Developer's obligations under the Loan Documents ; <br />or, (b) to claim that the existence of any such outstanding obligation, liability or claim <br />excuses the nonperformance by Developer of any of its obligations under the Loan <br />Documents. <br />21.2. Notices. All notices, demands, approvals and other communications <br />provided for in the Loan Documents shall be in writing and be delivered to the appropriate <br />party by personal service or U.S. mail at its address as follows: <br />If to Developer: Washington Santa Ana Housing Partners, L.P. <br /> c/o The Related Companies of California, LLC <br />19201 Von Karman Avenue, Suite 900 <br />Irvine, CA 92612 <br />Attention: President <br /> <br />c/o A Community of Friends <br />3701 Wilshire Boulevard, Suite 700 <br />Los Angeles, CA 90010 <br />Attention: Dora Leong Gallo <br />President and Chief Executive Officer <br /> <br />With a copy to: Bocarsly Emden Cowan Esmail & Arndt LLP <br /> 633 W. 5th Street, 64th Floor <br />EXHIBIT 5