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12. Borrower Assignment rohil i ed. Its o evert shall orrowe • assi
<br />n or transfer
<br />any portion of this Note without the prior express written consent of the Agency, which consent
<br />shall not unreasonably be withheld, except pursuant to a transfer which is permitted or approved
<br />pursuant to the terms of the Agreement.
<br />3. Tez# s, Any terms not separately defined herein shall have the same meanings as
<br />set forth in the Agreement.
<br />14, Acceleration and Ot ei# Remedies. Upon: the occurrence of all event of
<br />Default as defined in the Agreement ent and delivery of notice and expiration of the cure period
<br />described therein, or b Borrower selling, contracting to sell, giving an option to purchase,
<br />conveying, leasing, f rther encumbering, mortgaging, assigning or alienating the Borrower's
<br />interest in please FS (other than the sale of completed For-Sale Units to individual ho ebuyers or
<br />as otherwise permitted or approved pursuant to the Agreement), whether directly or indirectly,
<br />whether voluntarily or involuntarily or by operation of law, or any interest in Phase FS, or
<br />suffering its title, or any interest in Phase FS to be divested, whether voluntarily or involuntarily,
<br />without the consent of the Agency or as otherwise approved or permitted Linder the Agreement,
<br />Agency may, at A.geney's option, declare the outstanding principal amount of this Note, together
<br />with the then accrued and unpaid interest thereon and other charges hereunder, and all other
<br />SLIMS secured by the Deed of Trust, to be due and payable immediately, and upon such
<br />declaration, such principal and interest and other sums. shall immediately become and be dupe and
<br />payable without demand or notice, all as further set forth its the Decd of Trust. All costs of
<br />collection, including, but not litnited to, reasonable attorneys' fees and all expenses incurred in
<br />connection with protection of, or realization on, the security for this Note, may be added to the
<br />principal hereunder, and shall accrue interest as provided herein. Agency shall at all threes have
<br />the right to proceed against any portion of the security for this Note in such order and in such
<br />manner as such Agency may consider appropriate, without waiving any rights with respect to
<br />any of the security. Any delay or omission on the part of the Agency in exercising any right
<br />hereunder, under the Agreement or tinder the faced of Trust shall not operate as a waiver of such
<br />right, or of any other right. No singe or partial exercise of any right or remedy hereunder or
<br />under the Agreement or any other document or agreement shall preclude other or further
<br />exercises thereof, or the exercise of any other right or remedy. The acceptance of payment of
<br />any sum payable hereunder, or part thereof, after the dupe date of such payment shall not be a
<br />Nvai er of Agee "s right to either require prompt payment when due of all other sums payable
<br />hereunder or to declare an event of Default for failure to male prompt or complete payment.
<br />15. Successors and Assigns. Whenever "Agency" is referred to in this Note, such
<br />reference shall be deemed to include the Community Redevelopment Agency of the City of
<br />Santa Ana and its successors and assigns, including, without limitation, any subsequent assignee
<br />or holder of this Note. All covenants, provisions and agreements by or on behalf of Borrower,
<br />and on behalf of any makers, endorsers, guarantors and sureties hereof which are contained
<br />herein shall inure to the benefit of the Agency and Agency's successors and assigns.
<br />ATTACHMENT No. A-
<br />DOCSO Ch 400673 v 131200272 -0001
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