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<br />in accordance with the laws of the State of California without regard to principles of <br />conflicts of law. The Parties consent to the jurisdiction of any federal or state court in <br />the jurisdiction in which the Property is located (the "Property Jurisdiction"). Borrower <br />agrees that any controversy arising under or in relation to this Agreement, the <br />Predevelopment Note or the Assignment Agreement shall be litigated exclusively in <br />courts having jurisdiction in the Property Jurisdiction. Borrower irrevocably consents to <br />service, jurisdiction, and venue of such courts for any such litigation and waives any <br />other venue to which it might be entitled by virtue of domicile, habitual residence or <br />otherwise <br /> <br />3.5 PARTIES IN INTEREST. This Note shall bind Borrower and its <br />successors and assigns and shall accrue to the benefit of Agency and its successors <br />and assigns. <br /> <br />3.6 SECTION HEADINGS. CONSTRUCTION. The headings of Sections in <br />this Note are provided for convenience only and will not affect its construction or <br />interpretation. <br /> <br />3.7 RELATIONSHIP OF THE PARTIES. The relationship of Borrower and <br />Agency under this Note is solely that of borrower and lender, and the loan evidenced by <br />this Note and secured by the Assignment Agreement will in no manner make Agency <br />the partner or joint venturer of Borrower, <br /> <br />3.8 TIME IS OF THE ESSENCE. Time is of the essence with respect to <br />every provision of this Note. <br /> <br />IN WITNESS WHEREOF, Borrower has executed and delivered this Note as of <br />the date first written above. <br /> <br />BORROWER: <br /> <br />MERCY HOUSING CALIFORNIA XXXIII, <br />a California Limited Partnership <br /> <br />By: Mercy Housing West, <br />a California nonprofit public benefit corporation, its general partner <br /> <br />By: <br /> <br />Its: <br /> <br />809163-1 <br /> <br />17 <br />