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consideration for any such extension or release any security for this Note at its sole discretion all <br />without in any way affecting the liability of Borrower. <br />b. No extension of time for payment of this Note made by agreement by the <br />City with any person now or hereafter liable for the payment of this Note shall operate to release, <br />discharge, modify, change or affect the original liability of Borrower under this Note, either in <br />whole or in part. <br />C. The obligations of Borrower under this Note shall be absolute and <br />Borrower waives any and all rights to offset, deduct or withhold any payments or charges due <br />under this Note for any reasons whatsoever. <br />d. Borrower waives presentment, demand, notice of protest and nonpayment, <br />notice of default or delinquency, notice of acceleration, notice of costs, expenses or leases or <br />interest thereon, notice of dishonor, diligence in collection or in proceeding against any of the <br />rights of interests in or to properties securing of this Note, and the benefit of any exemption <br />under any homestead exemption laws, if applicable. <br />e. No previous waiver and no failure or delay by City in acting with respect to <br />the terms of this Note or the Deed of Trust shall constitute a waiver of any breach, default, or <br />failure or condition under this Note, the Deed of Trust or the obligations secured thereby. A <br />waiver of any term of this Note, the Deed of Trust or of any of the obligations secured thereby <br />must be made in writing and shall be limited to the express written terms of such waiver. <br />S. Attorneys' Fees and Costs. Borrower agrees that if any amounts due under this <br />Note are not paid when due, to pay in addition, all costs and expenses of collection and <br />reasonable attorneys' fees paid or incurred in connection with the collection or enforcement of <br />this Note, whether or not suit is filed. <br />9. Joint and Several Obligation. This Note is the joint and several obligation of all <br />makers, sureties, guarantors and endorsers, and shall be binding upon them and their heirs, <br />successors and assigns. <br />10. Amendments and Modifications. This Note may not be changed orally, but <br />only by an amendment in writing signed by Borrower and by the City. <br />11. City May Assign. City may, at its option, assign its right to receive payment <br />under this Note without necessity of obtaining the consent of the Borrower. <br />12. Borrower Assignment Prohibited. h1 no event shall Borrower assign or transfer <br />any portion of this Note without the prior express written consent of the City, which consent <br />shall not unreasonably be withheld, except pursuant to a transfer which is permitted or approved <br />pursuant to the terms of the Agreement. <br />13. Terms. Any terms not separately defined herein shall have the same meanings as <br />set forth in the Agreement. <br />C <br />1076\49\1 843311.2 <br />