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w metropolitan area as defined by the U.S. Department of Housing and Urban Development (HUD) or successor agency. Should HUD or its successor, if any, fail to publish such income information, the City of San Leandro may use or develop other such reasonable methods to determine the criteria for a low- to moderate -income household.) B. This Promissory Note is secured by a Deed of Trust dated July 18, 1994 , in which Deed of Trust the maker hereof is the Trustor and the payee hereof is the Trustee and Beneficiary. Payment of this note is subject to terms and conditions of the Deed of Trust, which is to be recorded in the office of the Alameda County Recorder. C. In addition to the conditions provided above, if default occurs in the performance of any of the agreements contained in the Deed of Trust securing this note, the amount due pursuant to this Promissory Note shall at once become due and payable, without notice, at the option of the holder of this note. Failure to exercise such option shall not constitute a waiver of the right to exercise it in the event of any subsequent default. D. DEAF COUNSELING, ADVOCACY AND REFERRAL AGENCY (DCARA), agrees to pay the following costs, expenses, and attorneys' fees paid or incurred by the holder of this note, or adjudged by a court: (1) Reasonable costs of collection, costs and expenses, and attorneys' fees paid or incurred in connection with the collection or enforcement of this note, whether or not suit is filed; and (2) costs of suit and such sum as the court may adjudged as attorneys' fees in any action to enforce payment of this note or any part of it. In witness whereof DEAF COUNSELING, ADVOCACY AND REFERRAL AGENCY (DCARA), has caused this Promissory Note to be executed by John F. Levesque, the Executive Director of DEAF COUNSELING, ADVOCACY AND REFERRAL AGENCY (DCARA). DEAF COUNSELING, ADVOCACY AND REFERRAL AGENCY (DCARA) /1 Executed at San Lea July 18, 1994. D:\CD8G\1994-95\cip\dcara\PN July 18, 1994 irector 2