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80A - JOINT PH - TRANSIT ZONING CODE, FINAL EIR, SPECIFIC PLAN ETC. - ORIGINAL PACKET PROVIDED TO COUNCIL
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80A - JOINT PH - TRANSIT ZONING CODE, FINAL EIR, SPECIFIC PLAN ETC. - ORIGINAL PACKET PROVIDED TO COUNCIL
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7/26/2016 5:25:48 PM
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6/4/2010 6:06:42 PM
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City Clerk
Doc Type
Agenda Packet
Item #
80A
Date
6/7/2010
Destruction Year
2015
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(x) Capital contributions to the Project, if any, made by the neral <br />partners or managing member, as applicable, of Developer that were used to pay the Developer <br />Fee. <br />5. Security. This Note is secured by a Deed of Trust (the "Deed of `bust" dated as <br />of the same date as this Note. <br />Nom -ec m- e. This Note shall constitute a nonrecourse obligation of Borrower. <br />Neither Borrower, nor any of its partners (general or limit shall have any personal liability for <br />payinent or performance f this Note. In the event of a default hereunder, the Agency's sole <br />recourse shall be to proceed against the collateral described in the Deed of Trust. <br />7. Waiex•s <br />a, Borrower expressly agrees that this Note or any pa inert hereunder may <br />be extended fro tinie to time at the Agency's sole discretion and that the Agency ma y accept <br />security in consideration for any SLIch extension r release any security for this Note at its sole <br />discretion all without in any way affecting the liability of Borrower. <br />b# No extension sion f time for payment of this Note rude by greement by the <br />Agency with any person no r hereafter er liable for the payment f this Note shall operate to <br />release, discharge, modify, change or affect the original liability of Borrower under this Note, <br />either in whole or in part. <br />CI The obligations of Borrower under this Note shall be absolute and <br />Borrower waives any and all rights to offset, d dLIet or withhold any payments or charges du <br />tinder this Note for any reasons whatsoever. <br />d, Borrower waives presentment, demand, notice of protest and nonpayment, <br />notice f default or delinquency, notice f acceleration, notice costs, expenses or leases or <br />interest th rcon, Mice of dishonor, diligence in collection or in proceeding against any of the <br />rights of interests in or to properties securing of this Note, and the benefit of any exemption <br />unde • any homestead exemption laws, if applicable. <br />. No previous waiver and no failure or delay by Agency in acting with <br />respect to the terns of this Note or the Deed of Trust shall constitute a waiver of any breach, <br />default, or failure or condition under this Note, the geed of {Trust or the obligations secured <br />thereby. A. waiver of any term of this Note, the Deed of {Trust or of any of the obligations <br />secured thereby inust be made in writing and shall be Ifinited to the express written terms of such <br />Maier. <br />Attorneys' Fees and Costs. Borrower agrees that if any aniounts dLIC tinder this <br />Note are not paid when due, to pay in addition, all costs and expenses of collection and <br />reasonable att me ys' fees paid or incurred in connection with the collection or enforcement of <br />this Nate, whether or not suit is filed. <br />A'T'TACHMENT N. 8B-5 <br />D 1I 400673v 13/200272 -0001 <br />
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