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(h) Headin s. The headings within this Note are for the purpose of reference only and <br />shall not limit or otherwise affect any of the terms of the Note. <br />(i) Assumptions. The Loan, including this Note, may not be assumed in whole or in <br />part without the prior written consent of Holder, which consent shall be given or withheld at the sole <br />discretion of Holder. Holder may condition its consent to an assumption of the Loan on the satisfaction of <br />conditions reasonably required by Holder at the time of the assumption. Conditions may include, but not be <br />limited to, Holder's satisfaction, in its sole discretion, with the proposed assuming party's ability to meet the <br />Loan obligations, modifications to the Loan and the Loan Documents, the payment of an assumption fee <br />and reimbursement of Holder's fees and costs incurred by reason of the assumption. <br />Executed in San Leandro, California on September ~, 2008. <br />1750 Doolittle, LLC, <br />a California limited liability company <br />By: <br />Its: <br />1113396.3 B-5 <br />