ANR HOMES, INC. -2011 - Laserfiche WebLink

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EXHIBIT E Property, which are then due and payable. In addition, City may recover directly from Borrower or any other party: (a) any damages, costs and expenses incurred by City as a result of fraud or any criminal act or acts of Borrower or any partner, shareholder, officer, director or employee of Borrower or of any general or limited partner of Borrower; (b) any damages, costs and expenses incurred by City as a result of any misappropriation of funds provided for the construction of the Improvements on the Property, proceeds and revenues from the operation of the Improvements, or proceeds of insurance policies or condemnation proceeds; (c) all court costs and attorneys' fees reasonably incurred in enforcing or collecting upon any of the foregoing exceptions (provided that City shall pay Borrower's reasonable court costs and attorneys' fees if Borrower is the prevailing party in any such enforcement or collection action). 9. Borrower waives presentment for payment, demand, protest, and notices of dishonor and of protest; the benefits of all waivable exemptions; and all defenses and pleas on the ground of any extension or extensions of the time of payment or of any due date under this Note, in whole or in part, whether before or after maturity and with or without notice. Borrower hereby agrees to pay all costs and expenses, including reasonable attorney's fees, which may be incurred by the holder hereof, in the enforcement of this Note, the Deed of Trust or any term or provision of either thereof. 10. Upon the failure of Borrower to perform or observe any other term or provision of this Note, or upon the occurrence of any event of default under the terms of the Deed of Trust or the Agreement or, the holder may exercise its rights or remedies thereunder. 11. Failure or delay by Borrower to perform any term or provision of the Agreement, this Note or the Deed of Trust constitutes a default under this Note. a. City shall give written notice of default to Borrower, specifying the default complained of by the City. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default. b. Any failures or delays by City in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies. Delays by City in asserting any of its rights and remedies shall not deprive City of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies. c. If a monetary event of default occurs under this Note, the Deed of