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D. Maker agrees to pay the following costs, expenses, and attorneys' fees <br /> paid or incurred by Holder, or adjudged by a Court: (1) reasonable costs of <br /> collection, costs, expenses, and attorneys' fees paid or incurred in connection with the <br /> collection or enforcement of this Note, whether or not suit is filed; and (2) costs of <br /> suit and such sum as the Court may adjudge as attorneys' fees in an action to enforce <br /> payment of this Note or any part of it. <br /> E. This Note is secured by a deed of trust of even date herewith ("Deed of <br /> Trust") executed by Maker (as Trustor) to Holder (as Trustee) for the benefit of <br /> Holder (as Beneficiary), and encumbering certain real property located in the City of <br /> San Leandro, County of Alameda, State of California, and commonly known as <br /> 15370-15375 Tropic Court, San Leandro, California (the "Property"). <br /> F. Except as set forth in the Loan Agreement of even date herewith, if the <br /> property securing this Note, any part of it, or interest in it is sold, or if Maker agrees <br /> to sell, convey, or alienate said property, by operation of law or otherwise in violation <br /> of the transfer provisions of the Loan Agreement, the entire principal sum and <br /> accrued interest will at once become due and payable, without demand or notice, at <br /> the option of Holder. <br /> G. This Note and the Deed of Trust shall be governed by and construed in <br /> accordance with the laws of the State of California. <br /> H. All parties who are obligated to pay any portion of the indebtedness <br /> represented by this Note, whether as principal, or endorser, hereby waive <br /> presentment for payment, demand, protest, notice of protest and notice of dishonor, <br /> and all other notices to which they might otherwise be entitled, and further waive all <br /> defenses based on release of security, extension of time or other indulgence given in <br /> respect to payment of this Note, to whomsoever given, and further waive all defenses, <br /> generally, except the defense of actual payment of this Note according to its tenor. <br /> This Note is a non-recourse Note. <br /> I. Subject to the foregoing, the terms of this Note shall be binding upon <br /> and inure to the benefit of the respective heirs, successors in interest and assigns of <br /> Maker and Holder. <br /> L. Time is of the essence with respect to each and every provision hereof. <br /> If any provision hereof is found to be invalid or unenforceable by a court of <br /> 2 <br />