RDA Agmt 2008 Hornet Associates - Laserfiche WebLink

Home

7. Borrowers will pay to Lender all sums owing under this Note without deduction, offset, or counterclaim of any kind. The relationship of Borrowers and Lender under this Note is solely that of borrowers and lender, and the loan evidenced by this Note and secured by the Deetl of Trust will in no manner make Lender the partner or joint venturer of Borrowers. 8. If any attorney is engaged by Lender to enforce or construe any provision of this Note, or the Deetl of Trust, or as a consequence of any event of default, with or without the filing of any legal action or proceeding, then Borrowers will immediately pay to Lender on demand all attorney fees and other costs incurred by Lender, together with interest from the date of the demand. 9. No previous waiver or failure or delay by Lender in acting with respect to the terms of this Note, or the Deed of Trust will constitute a waiver of any breach, default, or failure of condition under this Note, or the Deed of Trust. A waiver of any term of this Note, or the Deed of Trust, must be made in writing and will be limited to the express written terms of the waiver. 10. All notice required or permitted in connection with this Note will be in writing and will be given at the place and in the manner provided in the Deed of Trust for the giving of notices. 11. Borrowers waive presentment; demand; notice of dishonor; notice of default or delinquency; notice of acceleration; notice of protest and nonpayment; notice of costs, expenses, or losses and interest; notice of interest on interest and late charges; and diligence in taking any action to collect any sums owing under this Note or in proceeding against any of the rights or interests to properties securing payment of this Note. Time is of the essence with respect to every provision of this Note. This Note will be construed and enforced in accordance with California law, except to the extent that Federal laws preempt state law, and all persons and entities in any manner obligated under this Note consent to the jurisdiction of any Federal or State Court within California having proper venue and also consent to service of process by any means authorized by California or Federal law. BORROWERS: Hornet Associates By: r Its: n~t~a~.N~ ~~~~- ~~~.~ By: Its: s3s797v1 p_2 ()weer Participa#ion Agreemen# City of San Leandro Redevefoprnen# Agency ids-14~ Joaq~sin A~aenue Promissory Note