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EXHIBIT J <br />permitted at any time. This Section shall not prohibit the Lender's right to assign all or <br />any portion of its rights to the loan proceeds hereunder. <br />11. Attorney's Fees and Costs. <br />In the event that any action is instituted to enforce payment under this Promissory <br />Note, the Borrower promises to pay all sums as a court may fix for court costs and <br />reasonable attorney's fees. <br />12. Non-Waiver by Lender. No waiver of any breach, default or failure <br />of condition under the terms of the Note or Deed of Trust shall thereby be implied from <br />any failure of the Lender to take, or any delay by the Lender in taking action with respect <br />to such breach, default or failure or from any previous waiver of any similar or unrelated <br />breach, default or failure; and a waiver of any term of the Note, Deed of Trust, <br />or any of the obligations secured thereby must be made in writing and shall be limited to <br />the express written terms of such waiver. <br />13. Successors Bound. <br />This Promissory Note shall be binding upon the parties hereto and their respective <br />heirs, executors, administrators successors and assigns. <br />14. Severability. <br />The provisions hereof shall be deemed independent and severable, and a <br />determination of invalidity or unenforceability of any one provision or portion hereof by <br />a court of competent jurisdiction shall not affect the validity or enforceability of any other <br />provisions hereof. <br />15. Joint and Several Liability. <br />If this Note is executed by more than one person or entity as Borrower, the <br />obligation of each such person or entity shall be joint and several. No person or entity <br />shall be a mere accommodation maker, but each shall be primarily and directly liable <br />hereunder. <br />16. Time of the Essence; Venue. <br />Time is of the essence with respect to every provision hereof. This Note shall be <br />constructed and enforced in accordance with the laws of the State of California, except to <br />the extent that Federal laws preempt the law of the State of California, and all persons <br />and entities in any manner obligated under this Note consent to the jurisdiction of any <br />Federal of State Court within the State of California having proper venue and also <br />consent to service of process by any means authorized by California or Federal law.