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4. Acceleration and Other Remedies. If <br />(a) Borrower sells the property that is subject to the Agreement within five years of <br />the effective date of the Agreement without prior written consent of the Executive Director <br />of the Agency; <br />(b) Borrower fails to complete the project pursuant to the terms of the Agreement <br />within twelve months of the effective date of the Agreement; <br />(c) Borrower fails to lease or release the restaurant portion of the building in the <br />event that Memphis Restaurant closes or vacates within five years of the effective date of <br />the Agreement, to another restaurant of similar character and as quality as approved by the <br />Executive Director which approval shall not be unreasonably withheld, within nine months <br />of such closure or vacation; <br />(d) Borrower violates the use covenants and restrictions in section 401 of the <br />Agreement; <br />(e) there is an Event of Default by Developer which is not timely cured under the <br />Agreement; or <br />(f) there is an event or occurrence which, pursuant to the Trust Deed, gives rise to <br />acceleration of the indebtedness evidenced by this Note, <br />then at the option of the holder, this obligation shall become due and payable in full, <br />following written notice by the Agency to the Borrower. Consent to one such transaction by <br />the holder hereof shall not be deemed to be a waiver of the right to required consent of the <br />holder of this Note to future or successive transactions. Such notice shall be delivered in the <br />manner as provided for notices under the Agreement,, <br />3. Waiver. The Borrower waives presentment for payment, demand, protest, and <br />notices of dishonor and of protest; the benefits of all waivable exemptions; and all defenses <br />and pleas on the ground of any extension or extensions of the time of payment or of any due <br />date under this Note, in whole or in part, whether before or after maturity and with or <br />without notice. The Borrower hereby agrees to pay all costs and expenses, including <br />reasonable attorney's fees, which may be incurred by the holder hereof in the enforcement <br />of this Note, the Trust Deed or any term or provision of either thereof. <br />Attachment No. 5 <br />14.2 <br />65A-22