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<br />permitted at any time. This Section shall not prohibit the Lender's right to assign all or <br />any portion of its rights to the loan proceeds hereunder. <br /> <br />11. Attorney's Fees and Costs. <br /> <br />In the event that any action is instituted to enforce payment under this Promissory <br />Note, the Borrower promises to pay all sums as a court may fix for court costs and <br />reasonable attorney's fees. <br /> <br />12. Non- Waiver by Lender. No waiver of any breach, default 0 <br />of condition under the terms of the Note or Deed of Trust shall thereby <br />any failure of the Lender to take, or any delay by the Lender in takin <br />to such breach, default or failure or from any previous waiver of an <br />breach, default or failure; and a waiver of any term of the Note <br />or any of the obligations secured thereby must be made in w . . <br />the express written terms of such waiver. <br /> <br /> <br />13. Successors Bound. <br /> <br />This Promissory Note shall be binding. <br />heirs, executors, administrators successors and <br /> <br />hereto and their respective <br /> <br />14. Severability. <br /> <br />The provisions hereof s <br />determination of invalidity or <br />a court of competent juris i <br />provisions hereof. <br /> <br />ependent and severable, and a <br />of anyone provision or portion hereof by <br />affect the validity or enforceability of any other <br /> <br />15. <br /> <br />1ft <br />obligatio <br />shall b <br />here <br /> <br />by more than one person or entity as Borrower, the <br />son or entity shall be joint and several. No person or entity <br />odation maker, but each shall be primarily and directly liable <br /> <br />Time is of the essence with respect to every provision hereof. This Note shall be <br />constructed and enforced in accordance with the laws of the State of California, except to <br />the extent that Federal laws preempt the law of the State of California, and all persons <br />and entities in any manner obligated under this Note consent to the jurisdiction of any <br />Federal of State Court within the State of California having proper venue and also <br />consent to service of process by any means authorized by California or Federal law. <br /> <br />City .HO.PromNote.docx <br /> <br />4 <br /> <br />2/8/1 0 <br />