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9. 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 them and their heirs,
<br />successors and assigns.
<br />10. Amendments and Modifications. This Note 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. Borrower Assignment Prohibited. In no event shall Borrower assign 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 />13. Terms. Any terms not separately defined herein shall have the same meanings as
<br />set forth in the Agreement.
<br />14. Acceleration and Other Remedies. Upon: (a) the occurrence of an event of
<br />Default as defined in the Agreement 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, further encumbering, mortgaging, assigning or alienating the Borrower'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 suffering its title, or any interest in Phase R-_ 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 amount of this Note, together with the then accrued and 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 due 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 times have the right to proceed against any portion of the security for this
<br />Note in 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 omission on the part of the
<br />Agency in exercising any right hereunder, under the Agreement or under 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 further exercises thereof, or the exercise of any other right or remedy. The
<br />acceptance of payment of any sum payable hereunder, or part 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 />DOCS00 1400673v 141200272-0001
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