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Trust, the Regulatory Agreement, or the Loan Agreement and following the expiration of applicable <br />notice and cure periods, the City finds it necessary or desirable to secure the services or advice of <br />one or more attorneys with regard to collection of this Note against Borrower, any guarantor, or any <br />other party liable therefor, or to the protection of its rights under this Note, the Deed of Trust, the <br />Regulatory Agreement, or the Loan Agreement, or (ii) the City seeks to have the Project abandoned <br />by or reclaimed from any estate in bankruptcy, or attempts to have any stay or injunction prohibiting <br />the enforcement or collection of the Note or prohibiting the enforcement of the Deed of Trust or any <br />other agreement evidencing or securing this Note lifted by any bankruptcy or other court. <br />9. Enforcement. If the City shall be made a party to or shall reasonably intervene in any action <br />or proceeding, whether in court or before any governmental agency, affecting the Project or the title <br />thereto or the interest of the City under the Deed of Trust, including without limitation, any form of <br />condemnation or eminent domain proceeding, the City shall be reimbursed by Borrower immediately <br />upon demand for all costs, charges, and reasonable attorneys' fees incurred by the City in any such <br />case, and the same shall be secured by the Deed of Trust as a further charge and lien upon the <br />Project. <br />10. Notices. Any notices provided for in this Note shall be given by mailing such notice by <br />certified mail, return receipt requested at the addresses set forth in the Loan Agreement or at such <br />address as either party may designate by written notice. <br />11. Binding on Successors. This Note shall be binding upon Borrower, its successors and <br />assigns. <br />12. Non -Recourse. This Note is nonrecourse and neither Borrower nor any member, officer, <br />partner or employee of Borrower shall have any personal liability for repayment of the sums <br />evidenced hereby, and the City must resort only to the Project for repayment should the Borrower <br />fail to repay the sums evidenced hereby. <br />13. Governing Law. This Note shall be construed in accordance with and be governed by the <br />laws of the State of California. <br />14. Severability. If any provision of this Note shall be invalid, illegal or unenforceable, the <br />validity, legality and enforceability of the remaining provisions hereof shall not in any way be <br />affected or impaired thereby. <br />[SIGNATURE ON FOLLOWING PAGE] <br />