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<br /> 45 <br />20 Civic Center Plaza (M-26) <br />P .0. Box 1988 <br />Santa Ana, California 92702 <br /> <br />With a copy to: City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza, 7th Floor (M-29) <br />Santa Ana, California 92702 <br /> <br />Addresses for notice may be changed as required by written notice to all other parties. <br />All notices personally served shall be effective when actually received. All notices <br />mailed shall be effective three (3) days after deposit in the U.S. Mail, postage prepaid. <br />The foregoing notwithstanding, the non-receipt of any notice as the result of a change of <br />address of which the sending party was not notified or as the result of a refusal to accept <br />delivery shall be deemed receipt of such notice. <br /> <br />21.3 Survival of Representations and Warranties. All representations and <br />warranties in the Loan Documents shall survive the making of the Loan described herein <br />and have been or will be relied on by City notwithstanding any investigation made by <br />either party. <br /> <br />21.4 No Third Parties Benefited. This Agreement is made for the purpose of <br />setting forth rights and obligations of Developer and the City, and no other person shall <br />have any rights hereunder or by reason hereof. <br /> <br />21.5 Binding Effect; Assignment of Obligations. This Agreement shall bind, <br />and shall inure to the benefit of, Developer and City and their respective successors and <br />assigns. <br /> <br />21.6 Prior Agreements; Amendments; Consents. This Agreement (together <br />with the other Loan Documents) contains the entire agreement between the City and <br />Developer with respect to the Loan and the Property, and all prior negotiations, <br />understandings and agreements are superseded by this Agreement and such other Loan <br />Documents. No modification of any Loan Document (including waivers of rights and <br />conditions) shall be effective unless in writing and signed by the party against whom <br />enforcement of such modification is sought, and then only in the specific instance and for <br />the specific purpose given. <br /> <br />21.7 Governing Law. All of the Loan Documents shall be governed by, and <br />construed and enforced in accordance with, the laws of the State of California and <br />Federal law, whichever is more stringent. Developer irrevocably and unconditionally <br />submits to the jurisdiction of the Superior Court of the State of California for the County <br />of Orange or the United States District Court of the Central District of California, as City <br />may deem appropriate, in connection with any legal action or proceeding arising out of or <br />relating to this Agreement or the Loan Documents. Assuming proper service of process, <br />Developer also waives any objection regarding personal or in rem jurisdiction or venue. <br /> <br />EXHIBIT 3