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3.6 SECTION HEADINGS, CONSTRUCTION. The headings of Sections in this <br />Note are provided for convenience only and will not affect its construction or interpretation. <br />3.7 RELATIONSHIP OF THE PARTIES. The relationship of Owner and Agency <br />under this Note is solely that of borrower and lender, and the loan evidenced by this Note <br />and secured by the Deed of Trust will in no manner make Agency the partner or joint <br />venturer of Owner. <br />3.8 TIME IS OF THE ESSENCE. Time is of the essence with respect to every <br />provision of this Note. <br />IN WITNESS WHEREOF, Owner has executed and delivered this Note as of the <br />date first written above. <br />OWNER <br />Scribner Family Partnership, Ltd. <br />a California Limited Partnership dba <br />Scribner Properties <br />By: Garvco Management, LLC <br />a California limited liability company <br />Its: General Partner <br />By: <br />Robert H. Scribner, Manager <br />> »zs9s-z 29 <br />Commercial Rehabilitation Loan Program <br />Owner Participation and Loan Agreement <br />Form: 12-3-08 <br />