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07/27/2015 7.3.A. - Page 30 11. Governing Law and Venue. This Note shall be construed in accordance with and be governed by the laws of the State of California. Any action brought to enforce the terms of this Note shall be in the Superior Court of California, County of San Mateo. 12. Severability. If any provision of this Note shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. 13. No Waiver by Lender; Remedies Cumulative. No waiver of any breach, default or failure of condition under the Note, the Loan Agreement, or the Deed of Trust shall be implied from Lender's failure or delay in declaring a default or exercising any of Lender's rights or remedies with respect to such breach, default or failure, or from any previous waiver of any similar or unrelated breach, default or failure. Without limiting the generality of the foregoing, Lender's failure to declare any amount due hereunder shall not constitute a waiver of Lender's right to declare such sum due in the event of any subsequent event that triggers Borrower's payment obligations hereunder. Any waiver of any term or provision of the Note, the Loan Agreement, or the Deed of Trust, or any of the obligations secured thereby must be made in writing and shall be limited to the express written terms of such waiver. The rights and remedies of the parties hereunder are cumulative, and the exercise or failure to exercise one or more of such rights or remedies by either party shall not preclude the exercise by it, at the same time or different times, of any right or remedy for the same default or any other default. 14. Joint and Several Obligations. If this Note is executed by more than one person as Borrower, the obligations of each shall be joint and several. 15.Assignment by Lender; Successors and Assigns. Lender may assign its rights to receive the proceeds under this Note to any person, and upon notice to Borrower of such assignment, all payments shall be made to the assignee. The promises and agreements herein contained shall bind and inure to the benefit of, as applicable, the respective heirs, executors, administrators, successors and assigns of the parties; provided however, Borrower may not assign this Note without Lender's written consent except in accordance with the Loan Agreement and the Deed of Trust. 16. Entire Agreement; Amendments in Writing. This Note, together with the Loan Agreement and the Deed of Trust sets forth the entire understanding and agreement of Borrower and Lender with respect to the subject matter hereof. Any amendment to this Note must be in writing signed by both Lender and Borrower. 17. Nonliability for Negligence, Loss or Damage. Borrower acknowledges and agrees that the relationship between Borrower and Lender is solely that of borrower and lender, and that �ender neither undertakes nor assumes any responsibility for or duty to Borrower to select, review, inspect, supervise, pass judgment on, or inform Borrower of the quality, adequacy or suitability of the Property or any other matter. Lender owes no duty of care to protect Borrower against negligent, faulty, inadequate or defective building or construction, or any condition of the Property, and Borrower agrees that neither Borrower nor any of Borrower's heirs, successors or assigns shall ever claim, have or assert any right or action against Lender for any loss, damage or other matter arising out of or resulting from any condition of the Property. ATTY/RES0.3085/CC RESO-RWC FIRE SAFETY FIRST PILOT PROGRAM ATTACHMENT B PROMISSORY NOTE REV:07-22-15 VR Page 3 of 4 OAK#4834-9492-6117 v1 24 RESO.#15428 MUFF#705