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CITY COUNCIL DRAFT <br />expressly waives the right to plead any and all statutes of limitation as a defense to any demand <br />on this Note. <br />12. Notices. All notices, requests, demands, reports or other communications regarding this <br />Note shall be in writing and delivered: (i) personally; or (ii) by independent, reputable, overnight <br />commercial courier; or (iii) by deposit in the United States mail, postage and fees fully prepaid, <br />registered or certified mail, with return receipt requested; addressed as follows, or to such other <br />address as specified in written notice delivered to the parties pursuant to this Section: <br />To Maker: At the Property address. <br />To City: City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />Attn: City Clerk <br />13. Any notice that is personally delivered (including by means of professional messenger <br />service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal <br />Service), shall be deemed received on the documented date of delivery thereof. <br />14. Assignment by Lender; Successors and Assigns. This Note shall be binding upon Maker <br />and Maker's heirs, successors and assigns; provided however, Maker may not assign this Note <br />without City's prior written consent except as may be permitted in accordance with the City <br />Deed of Trust and the Affordable Housing Resale Restrictions. City may assign its rights to <br />receive the proceeds under this Note to any person or entity without the consent of Maker, and <br />upon notice to Maker of such assignment, all payments shall be made to the assignee. <br />15. No Joint Venture. The relationship of Maker and City under this Note is solely that of a <br />participant and administrator of an affordable housing program, and in no manner are the City <br />and the Maker partners or joint ventures, nor do any of the City Documents establish a principal <br />and agent relationship between City and Maker. <br />16. Attorneys' Fees and Costs. If any legal action is filed to interpret or enforce this Note, the <br />prevailing party shall be entitled to an award of its reasonable attorneys' fees, costs and expenses <br />incurred therein. Maker agrees to pay all costs and expenses (including reasonable attorneys' <br />fees) that City may incur in connection with enforcement of this Note and collection of sums <br />payable hereunder whether or not suit is filed. <br />17. No Third -Party Beneficiaries. This Note shall not benefit or be enforceable by any <br />person or entity except the City and the Maker and their respective successors and assigns. <br />Exhibit C <br />Page 48 <br />5 53 94.0010 1 \43721567.2 <br />