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<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 <br />in 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 <br />by this Note and secured by the Assignment Agreement will in no manner make <br />Agency 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 <br />of 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. .no./~~t PUbliC.~,... . nefit corporation, its general partner <br />/11 . / <br />/ I/. ,I <br />By: !~/ ... ~ <br />(.,/ <br /> <br /> <br />Its: <br /> <br />809154-2 <br /> <br />4 <br />