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Joint and Several Obligation. This Note is the joint and several obligation of all
<br />makers, sureties, guarantors and endorsers, and shall be binding upon then and their heirs,
<br />successors and assigns.
<br />10, .Amendments and Modifications. This Mote may not be changed orally, but
<br />only by an amendment in writing signed by Borrower and by the Agency.
<br />11. Agency May Assign. Agency may, at its option, assign its right to receive
<br />payment under this Note without necessity of obtaining the consent of the Borrower.
<br />12, Bori*o ver Assignment Prohibited. In no event shall Borrower assign or transfer
<br />any portion of this Note without the rior 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 />13. Terms. Any terms not separately defined herein shall have the same i e nings as
<br />set forth In the Agreement.
<br />14, Acceleration and othej- Remedies. Upon: a the occurrence, of an event of
<br />Default as defined in the Agreement and delivery of notice and expiration of the curie period
<br />described therein, or b Borrower selling, contracting to sell, giving are option to purchase,
<br />conveying, leasing, further encumbering, mortgaging, assigning or alienating the Borro wer's
<br />interest in Phase R- other than as permitted or approved pursuant to the Agreement), whether
<br />directly or indirectly, whether voluntarily or involuntarily or by operation of law, or any interest
<br />in Phase R--t, or s uffering its title, or any interest in phase "� to be divested, whether
<br />voluntarily or involuntarily, without the consent of the Agency or as otherwise approved or
<br />permitted under the Agreement, Agency may, at Agency's option, declare the outstanding
<br />principal aniount of this Note, together with the then accrued rid unpaid interest thereon and
<br />other charges hereunder, and all other sums secured by the Deed of Trust, to be due and payable
<br />immediately, and upon such declaration, such principal and interest and other sums shall
<br />immediately become and be die and payable without demand or notice, all as further set forth in
<br />the Deed of Trust. All costs of collection, including, but not limited to, reasonable attorneys'
<br />fees and all expenses incurred in connection with protection of, or realization on, the security for
<br />this Note, may be added to the principal hereunder, and shall accrue interest as provided herein.
<br />Agency shall at all tunes have the right to proceed against any portion of the security for this
<br />Note its such order and in such manner as such Agency may consider appropriate, without
<br />waiving any rights with respect to any of the security. Any delay or onrlission oil the part of the
<br />Agency in exercising any right hereunder, tinder the Agreement or tinder the Deed of Trust shall
<br />not operate as a waiver of such right, or of any other right. No single or partial exercise of any
<br />right or remedy hereunder or under the Agreement or any other document or agreement shall
<br />preclude other or farther exercises thereof, or the exercise of any other right or remedy. The
<br />acceptance of pa i ent of any suin payable iereunder, or pat thereof, after the due date of such
<br />payment shall not be a Waiver of Agency's right to either require prompt payment when due of
<br />all other sums payable hereunder or to declare an event of Default for failure to make prompt or
<br />complete payment.
<br />ATTACHMENT No. 8B-6
<br />D o O /1 400673Nr 13/2002 72 - 1
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