06 120312 SA HA WASHINGTON Pl FLA - Attach 2

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on this Governmental Lender IRP 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 IRP Note or any of the Governmental Lender9s agreements or obligations with respect to the Funding Loan or this Governmental Lender IRP 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 IRP Note is subject to the express condition that at no time shall interest be payable on this Governmental Lender IRP Note or the Funding Loan Agreement 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 per permitted to charge or collect, interest at a rate in excess of such Maximum Rate. If by the terms of this Governmental Lender IRP 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 OWNERSHIP OR TRANSFER OF OV4'NERSHIP OF THIS NOTE TO ANY PERSON WITHOUT MEETING THE REQUIREMENTS SET FORTH IN THE FUNDING LOAN AGREEMENT DESCRIBED HEREIN, INCLUDING, IN CERTAIN INSTANCES, DELIVERY OF AN EXECUTED Il~VESTOR LETTER AS DEFINED IN .AND ATTACHED TO THE FUNDING LOAN AGREEMENT. This Governmental Lender IRP 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 IRP Note and accrued interest, if any, due and payable at once. Any portion of this Governmental Lender IRP Note remaining outstanding upon such an acceleration of this Governmental Lender IRP 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 free and clear of the lien of this Funding Loan Agreement. All of the covenants, conditions and agreements contained in the Funding Loan Documents are hereby made part of this Governmental Lender IRP Note. No delay or omiss~o~i on the pars of the Holder In exerc~s~ng any remedy, right or option 'tinder this Governmental Lender IRP 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 IRP Note and the Funding Loan Documents are and shall be cumulative and are in addition to all of the rights, remedies and options of the Holder at law or in equity or under any other agreement. C:1UsersltadlDesktoplSantaAna HA Washington Place A_2_2 FLA.doc DRAFT 11/28/12 8:39AM