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ATTY/AGR/2017.145/ STAFFORD FUNDING AGREEMENT <br />REV: 06-21-17 JS <br />Page 33 of 41 <br />b. The Owner shall be personally liable to the City for the repayment of a portion of the <br />Indebtedness equal to any loss or damage actually suffered by the City as a result of (1) <br />failure of the Owner to pay to the City any rents, insurance proceeds or condemnation <br />proceeds to the extent required by the Deed of Trust following an event or default; or (2) <br />fraud or written material misrepresentation by the Owner or any officer, director, partner, <br />member or employee of the Owner in connection with the application for or creation of <br />the Indebtedness or any request for any action or consent by the City. <br />c. To the extent that the Owner has personal liability under this Paragraph 7, the City may <br />exercise its rights against the Owner personally without regard to whether the City has <br />exercised any rights against the Property or any other security, or pursued any rights <br />against any guarantor, or pursued any other rights available to the City under this Note <br />or any other Loan Document or applicable law. <br /> “Owner” <br /> HIP Housing Development Corporation <br /> A California Non-Profit Public Benefit Corporation <br /> <br />By: _____________________________ <br /> _____________________________ <br /> [Signature to be notarized] <br /> <br />By: _____________________________ <br /> _____________________________ <br /> [Signature to be notarized] <br /> <br /> <br /> <br />6.3.E. - Page 45