HABITAT FOR HUMANITY OF ORANGE COUNTY (5)

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EXHIBIT D shall pay to the prevailing party all court costs and all attorneys' fees incurred in enforcing this Note. 16. Amendments. This Note may not be modified or amended except by an instrument in writing expressing such intention executed by the parties sought to be bound thereby, which writing must be so firmly attached to this Note so as to become a permanent part thereof. 17. Maker's Waivers. The Maker waives any rights to require the Holder to: (a)demand payment of amounts due (known as "presentment"), (b) give notice that amounts due have not been paid (known as "notice of dishonor"), and (c) obtain an official certification of nonpayment(known as "protest"). 18. Notice. Any notice that must be given to the Maker under this Note shall be given by personal delivery or by mailing it by certified mail addressed to the Maker at the Property address above or such other address, as Maker shall direct from time to time in writing. Failure or delay in giving any notice required hereunder shall not constitute a waiver of any default or late payment, nor shall it change the time for any default or payment. Any notice to the Holder shall be given by certified mail at the address stated above. 19. Successors Bound. This Note shall be binding upon the parties hereto and their respective heirs, successors and assigns. 20. Effect of Foreclosure. If title to the Property is transferred by foreclosure or acceptance of a deed in lieu of foreclosure, or assignment of the First Lien to the Secretary of the Depai twent of Housing and Urban Development, the Agreement, the Affordable Housing Resale Restriction executed pursuant to the Agreement, Notice of Affordability Restrictions and the Authority Deed of trust shall be automatically terminated and shall have no further effect as to the Property or any transferee thereafter. IN WITNESS WHEREOF, Maker has executed this Note as of the date set forth below. MAKER and HOMEBUYER: By: By: 4 Exhibit D