Reso 1997-001 to 005 - Laserfiche WebLink

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911 � 0193 unreasonably withheld. Lender's failure to notify Borrower of any default shall not constitute a waiver of the right to so notify Borrower of any such future default. If, after the time provided in subparagraph (a), (i) BORROWER has not cured the default, the entire unpaid balance, together with all unpaid sums then payable under this Note shall, at the option of the LENDER, become immediately due and payable upon written notice by the LENDER to BORROWER without further demand. b. If a default shall occur and be continuing, the LENDER may pursue all rights and remedies available under this Promissory Note or as may be otherwise available to the LENDER. 8. ATTORNEY'S FEES: In the event of litigation arising from the enforcement of or a default under this Promissory Note, the non -prevailing party shall pay all reasonable costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in such litigation. 9. MODIFICATIONS: Any waiver, change, modification or discharge of this Promissory Note may be made only by the prior written consent of both parties. 10. OTHER PROVISIONS: a. BORROWER hereby waives presentment, demand for payment, notice of dishonor, protest and notice of protest of this Promissory Note. BORROWER agrees to perform and comply with each of the covenants, conditions, provisions and agreements of BORROWER contained in the Deed of Trust, Agreement to Use Home Funds, or the Regulatory Agreement, or any other agreement of instrument evidencing, securing, or guaranteeing the indebtedness evidenced hereby. b: No alteration, amendment or waiver of any provision of this Promissory Note, or any other agreement or instrument evidencing or providing security for this Promissory Note, made by agreement of the holder hereof or any other person or party, shall constitute a waiver of any other term hereof, or otherwise release or discharge the liability of BORROWER under this NOTE. - 5 -