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<br />41 <br /> <br />consent or approval shall not be deemed to waive or render unnecessary Agency's <br />consent to or approval of any subsequent act. The Agency's acceptance of the late <br />performance of any obligation shall not constitute a waiver by Agency of the right to <br />require prompt performance of all further obligations; Agency's acceptance of any <br />performance following the sending or filing of any notice of default shall not constitute a <br />waiver of either party's right to proceed with the exercise of its remedies for any <br />unfulfilled obligations; and Agency's acceptance of any partial performance shall not <br />constitute a waiver by Agency of any rights. <br /> <br />21. MISCELLANEOUS <br /> <br />21.1 Obligations Unconditional and Independent. Notwithstanding the <br />existence at any time of any obligation or liability of Agency to Developer, or any other <br />claim by developer against Agency, in connection with the Loan or otherwise, Developer <br />hereby waives any right it might otherwise have (a) to offset any such obligation, liability <br />or claim against Developer's obligations under the Loan Documents, or (b) to claim that <br />the existence of any such outstanding obligation, liability or claim excuses the <br />nonperformance by Developer of any of its obligations under the Loan Documents. <br /> <br />21.2 Notices. All notices, demands, approvals and other communications <br />provided for in the Loan Documents shall be in writing and be delivered to the <br />appropriate party by personal service or U.S. mail at its address as follows: <br /> <br />If to Developer: AMCAL 1440 Santa Ana Fund, LP <br />c/o AMCAL Multi-Housing, Inc. <br />17862 E. 17th Street, Suite 209 <br />Tustin, CA 92780 <br />Attention: Mario Turner <br /> <br />With a copy to: AMCAL Multi-Housing, Inc. <br />30141 Agoura Road, Suite 100 <br />Agoura Hills, CA 91301 <br />Attention: General Counsel <br /> <br />Banc of America CDC Special Holding Company, Inc. <br /> Community Development Banking <br /> MA1-225-02-02 <br /> 225 Franklin Street <br /> Boston, MA 02110 <br /> Attention: Asset Management <br /> <br /> Bank of America, N.A. <br /> MA1-225-02-02 <br /> 225 Franklin Street <br /> Boston, MA 02110 <br /> Attention: Asset Management <br /> <br />EXHIBIT 3 <br />3-51