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JAH:djm 03/06/90R (REDEV) JAH:djm 03/19/90R JAH:djm 04/04/90R of the Promissory Note shall be a special obligation of the Agency, payable only from and limited by the availability of funds to the Agency from the proceeds of the sale of the Acquisition Parcels or proceeds from any amount of Tax Increment and Sales and Use Taxes provided under Section 1009, and to that end the Developer shall have a lien on such proceeds to the extent of its interest therein. Nothing herein shall preclude the Agency from repaying the amount of the Promissory Note, or any part thereof, from any funds lawfully available to the Agency from time to time, provided that the Agency shall not be obligated to do so. Nothing herein shall be deemed to prevent the Agency from incurring future indebtedness with respect to the Project and from pledging Tax Increment from the Project Area, including the Project Site, to the payment of that indebtedness, provided that the documents creating any such indebtedness shall set forth the first priority of the Developer's claim to, and lien upon, such Tax Increment under this Agreement. §308 Conveyance of Title and Delivery of Possession Conveyance to the Developer of title to the Acquisition Parcels or delivery of possession thereof in accordance with subsections A through E of this section, shall be completed on or prior to the date specified in the Schedule of Performance, provided that such schedule shall be subject to revision from time to time as mutually agreed upon in writing between the Developer and the Agency. The Agency and the Developer agree to perform all acts necessary for the timely conveyance of title and delivery of possession under this Agreement. Possession shall be delivered to the Developer not later than the conveyance of title. Limited access will be permitted before conveyance of title as permitted in Section 315 of this Agreement. The Developer shall accept title and possession on or before the date established in the Schedule of Performance. Notwithstanding the provisions of this Agreement requiring the Agency to acquire title prior to the time set for conveyance in the Schedule of Performance and to deposit the Grant Deed or Grant Deeds in escrow prior to such time, if, at or prior to the time set forth in the Schedule of Performance for conveyance of the Acquisition Parcels, the Agency has not obtained title to one or more Acquisition Parcels but has obtained a judicial order authorizing the Agency to take possession thereof and: A. The Agency delivers a copy of the order to the Escrow Agent; B. The Agency delivers exclusive possession of the property involved to the Developer by a written lease or other document reasonably approved by the Agency and the Developer as a means of effectuating this Agreement, on or prior to the time set for conveyance thereof; 10