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(x) Capital contributions to the project, if any, made by the general <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 Trust") dated as <br />of the same date as this Note. <br />6. Nonrecourse. This Note shall constitute a nonrecourse obligation of Borrower. <br />Neither Borrower, nor any of its partners (general or limited) shall have any personal liability for <br />payment or performance of 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. Waivers <br />a. Borrower expressly agrees that this Note or any payment hereunder may <br />be extended from time to time at the Agency's sole discretion and that the Agency may accept <br />security in consideration for any such extension or 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 of time for payment of this Note made by agreement by the <br />Agency with any person now or hereafter liable for the payment of 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 />C. The obligations of Borrower under this Note shall be absolute and <br />Borrower waives any and all rights to offset, deduct or withhold any payments or charges due <br />under this Note for any reasons whatsoever. <br />d. Borrower waives presentment, demand, notice of protest and nonpayment, <br />notice of default or delinquency, notice of acceleration, notice of costs, expenses or leases or <br />interest thereon, notice 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 />under any homestead exemption laws, if applicable. <br />e. No previous waiver and no failure or delay by Agency in acting with <br />respect to the terms 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 Deed 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 must be made in writing and shall be limited to the express written terms of such <br />waiver. <br />8. Attorneys' Fees and Costs. Borrower agrees that if any amounts due under this <br />Note are not paid when due, to pay in addition, all costs and expenses of collection and <br />reasonable attorneys' fees paid or incurred in connection with the collection or enforcement of <br />this Note, whether or not suit is filed. <br />ATTACHMENT NO. 8B-5 <br />DOCS00 1400673Y 141200272-0001