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the date of its advance or the date of issuance of the Certificate <br />of Completion, at the sole option of the Agency, until the date of <br />repayment. <br />4. Term. The Term of this Note shall be the date which <br />is fifty five (55) years from the date that the Certificate of <br />Completion, as provided in the Agreement, is issued by the Agency,' <br />unless earlier terminated due to default by the Participating <br />Owner. <br />5. Breach of A regimen s. A failure to (i) strictly <br />observe the Affordability Covenants and/or the Redevelopment <br />Covenants, (ii) pay any sum provided for in this Note when due, or <br />(iii) any other material default of this Note, the Deed of Trust <br />which secures this Note, or the Agreement, which failure has not <br />been timely cured within the period provided for herein or in the <br />Agreement, shall constitute a breach of the Agreement and this <br />Note, and any other agreements between the Agency and the <br />undersigned, and shall entitle the Agency to declare all sums due <br />hereunder immediately due and payable. <br />6. Miscellaneous Provisions. <br />a. The Participating Owner waives notice of non- <br />payment and protest, presentment and notice of dishonor. <br />b. In the event of any legal action with respect <br />to the te_ms or enforcement of this Note, the prevailing party <br />shall be entitled to an award of its attorney's fees and costs of <br />suit. <br />C. Notwithstanding any language herein to the <br />contrary, this Note shall become immediately due and payable in the <br />amount of all unpaid principal, together with interest thereon as <br />provided above, upon any transfer in violation of the Agreement of <br />title to the Property and/or the Project to any person, firm or <br />corporation other than the Participating Owner and, except as <br />provided in said Agreement, whether such transfer of title be <br />voluntary, involuntary, or by operation of law. <br />d.- All payments on this Note shall be applied <br />first to the interest due on the Note, if applicable, and then to <br />the principal due on the Note. <br />e. In the event the Participating Owner shall fail <br />to pay the payments when due, or otherwise breach the terms of this <br />Note, and if such failure be subsisting ten (10) days for monetary <br />breaches hereof, or thirty (30) days for other breaches hereof, <br />after written notice given in accordance with the Agreement, the <br />C - 2 <br />IVIIIIIVNIUIIIIIInIIIIIIIIIiIIIIIIIIIUIIAIIIIIII ' Page: am'a°$0„m' <br />