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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
Creation date
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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13, Maker Assignment Prohibited. In no event shall the Haber assign or transfer <br />any portion of this Note, the Dote Aniou t and/or the Agreement ent witho ut the prior express <br />written consent of the Holder, as provided in Section 9. <br />14, Joint and Several, The undersigned, if more than one, shall be jointly an <br />severally liable hereunder. <br />15. Attorne ys' Fees and Costs. In the evert that any action is instituted to enforce <br />pa inent under this Note, the parties agree the non-prevailing party shall be responsible for and <br />shall pay to the prevailing party all court costs and all attorneys" fees it eurred in enforcing this <br />Note. <br />I. A mendments. This Note may not be modified or amended except by an <br />instrument in writing expressing such intention executed by the parties sought to e bound <br />thereby, which writing niu t be so firmly attached to this Note so as to become a permanent part <br />thereof. <br />17* Haber -'s Waivers. The Haber waives any rights to require the Hoiden; to: <br />(a) demand payment of amounts due (known as "pr Mile lt" , give notice that ai ounts due <br />have not been paid (known as "notice of dishonor"), and e obtain an official certification of <br />nonpayment now as "protest'). <br />18* Notice. Any notice that must be given to the Maker under this Note shall be <br />given by personal delivery or by mailing it by certified mail addressed to the Haber at the <br />Property address above or such other address, as Haber shall direct froth time t o time i n writing. <br />Failure or delay in giving any notice required hereunder shall not c t stittite a waiver of an <br />default or late payment, nor shall it change the time for any default or p ayment. Ally notice to <br />the Folder small be given by certified mall at the address stated above. <br />19, Successors Bound, This Note shall be binding upon the parties hereto and their <br />respective, heirs, successors and assigns. <br />20, Effect of oi- eelostire. If title to the property is transferred by foreclosure or <br />acceptance of a deed in lieu of foreclosure, or assignment of the First Lien to the Secretary of the <br />Department of Housing and Urban Development, ent, the Agreement, the Affordable Housing Resale <br />Restriction executed pursuant to the Agreement, Notice of Affordability Restrictions and the <br />Agency Deed of trust shall be automatically terminated and shall have no further effect as to the <br />Propert y or any transferee thereafter. <br />[Signature block begins on follow page.] <br />EXHIBIT B-8 ATTACHMENT NO. 1 I <br />Promissory Note <br />D OCSO C11 400673v 13/200272 -0001 <br />
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