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<br /> 9 <br /> 19. Amendment of Agreement. No modification, rescission, waiver, release <br />or amendment of any provision of this Agreement shall be made except by a written <br />agreement executed by Borrower and the duly authorized representative of the City. <br /> <br /> 20. Assignment by City Permitted. The City may, in its sole and <br />absolute discretion, assign its rights under this Agreement and/or its right to receive <br />repayment of the City Loan without obtaining the consent of Borrower. <br /> <br /> 21. Assignment of Borrower Prohibited. In no event shall Borrower assign <br />or transfer any portion of this Agreement or any rights herein without the prior express <br />written consent of the City, which consent the City may give or withhold in its sole and <br />absolute discretion. This provision shall not affect or diminish the City’s right to assign <br />all or any portion of its rights under this Agreement or to the proceeds of the City Loan <br />hereunder. <br /> <br /> 22. Relationship of Borrower and City. The relationship of Borrower and <br />City pursuant to this Agreement is that of debtor and creditor and shall not be, or be <br />construed to be a joint venture, equity venture, partnership or other relationship. <br /> <br /> 23. Notices. (a) Except as otherwise expressly provided in this Agreement, <br />in every case when, under the provisions of this Agreement, it shall be necessary or <br />desirable for one party to serve any notice, request demand, report or other <br />communication on another party, the same shall be in writing and shall not be effective <br />for any purpose unless served (i) personally, (ii) by independent, reputable, overnight <br />commercial courier, or (iii) by deposit in the United States mail, postage and fees fully <br />prepaid, registered or certified mail, with return receipt requested, addresses as follows: <br /> <br />To Borrower: _________________________ <br /> _________________________ <br /> _________________________ <br /> <br /> <br />To City: City of Santa Ana <br /> Community Development Agency <br /> 20 Civic Center Plaza, M26 <br /> P.O. Box 1988 <br /> Santa Ana, CA 92702 <br /> Attention: Housing Manager <br /> <br /> 24. Attorney’s Fees and Costs: In the event that any action is instituted to <br />enforce payment or performance under this Agreement, or otherwise in connection with <br />this Agreement, the parties agree that the prevailing party shall be reimbursed by the <br />other party for all costs and all attorney fees incurred by the prevailing party in such <br />action. <br /> <br />EXHIBIT 2