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14. Non -Waiver. Failure to exercise or delay in exercising any right the City may have or be entitled to, in the event of default hereunder, shall not constitute a waiver of such right or any other right in the event of a subsequent default. 15. Documents. Borrower has reviewed and agrees to execute the following . documents in substantially the form as attached to this Agreement prior to receiving the City Loan, and any other documents or instruments reasonably required -by City or a participating entity to complete the transaction contemplated herein: �. (a) Promissory Note (Exhibit C); (b) City Deed of Trust (Exhibit B); (c) Affordability Covenants (Exhibit D); and (d) Disclosure Statement and Notice of Rescission (_Exhibit E) c Borrower agrees and acknowledges that this Agreement,'the City Deed of Trust and the Affordability Covenants all be recorded against the Property with She County, Recorder of the County of Orange and shall appear of record with resp ect�to` and as an encumbrance against the Property. 16. Further Assurances. Borrower` shall execute 'any further documents consistent with the terms of this Agreement, including documents in recordable form, as the City may from time to time find necessary or appropriate to effectuate its purposes in entering into this Agreement and making the City Loan. 17. Governing Law., This Agreement shall be governed by the laws of the State of California, with venue in Orange County. 18. Severability. In the event that any provision or clause of this Agreement conflicts with applicable law, such^.conflict will not affect other provisions of this Agreement which can'be given effect without the conflicting provision, and to this end the provisions of the Agreement are declared to be severable. 19. Amendment of Agreement. No modification, rescission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by Borrower and the duly authorized representative of the City. 20. Assignment by City Permitted. The City may, in its sole and absolute discretion, assign its rights under this Agreement and/or its right to receive repayment of the City Loan without obtaining the consent of Borrower. 21. Assignment of Borrower Prohibited. In no event shall Borrower assign or transfer any portion of this Agreement or any rights herein without the prior express written consent of the City, which consent the City may give or withhold in its sole and absolute discretion. This provision shall not affect or diminish the City's right to assign 25C-14