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AgdaPkt 2020-07-13 Special Joint SA PFA
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AgdaPkt 2020-07-13 Special Joint SA PFA
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10/1/2020 9:22:25 AM
Creation date
7/9/2020 6:38:40 PM
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CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Special
Date
7/13/2020
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6.B. - Page 102 of 177 <br />time to time designate. <br />(b) All payments on this Note are without expense to Holder. Borrower shall <br />pay all costs and expenses, including reconveyance fees and reasonable attorney's fees of Holder, <br />incurred in connection with the payment of this Note and the release of any security hereof. <br />(c) The obligations of Borrower under this Note are absolute and Borrower <br />waives any and all rights to offset, deduct or withhold any payments or charges due under this <br />Note for any reason whatsoever. <br />Default. <br />(a) Upon the occurrence of an uncured Developer Event of Default, the entire <br />unpaid principal balance, and together with all other sums then payable under this Note, will, at <br />the option of the Holder, become immediately due and payable upon written notice by the Holder <br />to the Borrower without further demand. <br />(b) The Holder's failure to exercise the remedy set forth in subsection 7(a) <br />above or any other remedy provided by law upon the occurrence of an uncured Developer Event <br />of Default will not constitute a waiver of the right to exercise any remedy at any subsequent time <br />in respect to the same or any other uncured Developer Event of Default. The acceptance by <br />Holder hereof of any payment which is less than the total of all amounts due and payable at the <br />time of such payment will not constitute a waiver of the right to exercise any of the foregoing <br />remedies or options at that time or at any subsequent time, or nullify any prior exercise of any <br />such remedy or option, without the express consent of the Holder, except as and to the extent <br />otherwise provided by law. <br />8. Waivers. <br />(a) Borrower hereby waives diligence, presentment, protest and demand, and <br />notice of protest, notice of demand, notice of dishonor and notice of non-payment of this Note. <br />Borrower expressly agrees that this Note or any payment hereunder may be extended from time <br />to time, and that Holder may accept further security or release any security for this Note, all <br />without in any way affecting the liability of Borrower. <br />(b) Any extension of time for payment of this Note or any installment hereof <br />made by agreement of Holder with any person now or hereafter liable for payment of this Note <br />must not operate to release, discharge, modify, change or affect the original liability of Borrower <br />under this Note, either in whole or in part. <br />9. Miscellaneous Provisions. <br />(a) All notices to Holder or Borrower are to be given in the manner and at the <br />addresses set forth in the Loan Agreement, or to such addresses as Holder or Borrower may <br />therein designate. <br />2 <br />1199\09\2723508.1 <br />1199\09\2727850.8 <br />ATTY/AGR.2020.1001353 Main Street Apartments LP (Page 95 of 143) 131 <br />
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