06 120312 SA HA WASHINGTON Pl FLA - Attach 2

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any public agency shall in any event be liable for the payment of the principal of, premium (if any) or interest on this Governmental Lender Real Estate Note or the Funding Loan or for the performance of any pledge, obligation or agreement of any kind whatsoever with respect thereto except as set forth herein and in the Funding Loan Agreement, and none of the Funding Loan or this Governmental Lender Real Estate Note or any of the Governmental Lender's agreements or obligations with respect to the Funding Loan or this Governmental Lender Real Estate Note shall be construed to constitute an indebtedness of or a pledge of the faith and credit of or a loan of the credit of or a moral obligation of any of the foregoing within the meaning of any constitutional or statutory provision whatsoever. The Governmental Lender has no taxing power. All capitalized terms used but not defined herein shall have the meanings ascribed to them in the Funding Loan Agreement or in the Borrower Loan Agreement. This Governmental Lender Real Estate Note is subject to the express condition that at no time shall interest be payable on this Governmental Lender Real Estate Note or the Funding Loan at a rate in excess of the Maximum Rate provided in the Funding Loan Agreement; and Obligor shall not be obligated or required to pay, nor shall the Holder be permitted to charge or collect, interest at a rate in excess of such Maximum Rate. If by the terms of this Governmental Lender Real Estate Note or of the Funding Loan Agreement, Obligor is required to pay interest at a rate in excess of such Maximum Rate, the rate of interest hereunder or thereunder shall be deemed to be reduced immediately and automatically to such Maximum Rate, and any such excess payment previously made shall be immediately and automatically applied to the unpaid balance of the principal sum hereof and not to the payment of interest. Amounts payable hereunder representing late payments, penalty payments or the like shall be payable to the extent allowed by law. THE FISCAL AGENT IS PROHIBITED FROM REGISTERING THE OU~'NERSHIP OR TRANSFER OF OV~JNERSHIP OF THIS NOTE TO ANY PERSON WITHOUT MEETING .THE REQUIREMENTS SET FORTH IN THE FUNDING LOAN AGREEMENT DESCRIBED HEREIN, INCLUDING, IN CERTAIN INSTANCES, DELNERY OF AN EXECUTED IT~IVESTOR LETTER AS DEFINED IN AND ATTACHED TO THE FUNDING LOAN AGREEMENT. This Governmental Lender Real Estate Note is subject to all of the terms, conditions, and provisions of the Funding Loan Agreement, including those respecting prepayment and the acceleration of maturity. If there is an Event of Default under the Funding Loan Documents, then in any such event and subject to the requirements set forth in the Funding Loan Agreement, the Holder may declare the entire unpaid principal balance of this Governmental Lender Real Estate Note and accrued interest, if any, due and payable at once. Any portion of this Governmental Lender Real Estate Note remaining outstanding upon such an acceleration of this Governmental Lender Real Estate Note shall be deemed paid upon transfer, to or at the direction of the Funding Lender, of the Borrower Loan Documents and all security therefor fee aiid dear of the iien of this F'ui~d~n g Loan Agreement. Ail of the covenants, cond~t~ons and agreements contained in the Funding Loan Documents are hereby made part of this Governmental Lender Real Estate Note. No delay or omission on the part of the Holder in exercising any remedy, right or option under this Governmental Lender Real Estate Note or the Funding Loan Documents shall operate as a waiver of such remedy, right or option. In any event a waiver on any one occasion shall not be construed as a waiver or bar to any such remedy, right or option on a future occasion. The rights, remedies and options of the Holder under this Governmental Lender Real Estate Note and the Funding Loan Documents are C:1UsersltadlDesktoplSanta Ana HA Washington Place A_ 1 _2 FLA,doc DRAFT 11/28/12 8:39AM