CDBG Loan Documents - Martha Moreno and Adelina Moreno

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hereunder or release any security now or hereafter securing this Promissory Note. Borrower hereby waives, to the fullest extent permitted by law, the right to plead any and all statutes of limitations as a defense to any demand on this instrument or any deed of trust, security agreement, guarantee or other agreement now or hereafter securing this Promissory Note. Indemnification. Borrower shall indemnify, defend, protect and hold the City harmless from and against any and all loss, damage, liability, action, cause of action, cost or expense, including, without limitation, reasonable attorneys' fees and expenses incurred by the Lender, arising as a result of any (i) fraud or material misrepresentation by the Borrower under or in connection with the Rehabilitation Loan Agreement or related agreements; (ii) intentional bad faith waste of the real property encumbered by the deed of trust which secures this Promissory Note; and (iii) losses resulting from Borrower's failure to maintain insurance as required under the provisions of the deed of trust securing this Promissory Note and the Rehabilitation Loan Agreement. 10. Severability. If any provision of this Promissory Note is determined by a court of competent jurisdiction to be void or unenforceable, such determination shall not affect any other provision of this instrument, and all other provisions hereof shall remain valid and in full force and effect. 11. Non -Waiver. No delay in demanding or failure to demand performance hereunder shall constitute a waiver by the Lender of its right to subsequently demand such performance or to exercise any remedies for any default hereunder. Further, in order to be effective, any waiver of any of the Lender's rights and remedies hereunder shall be expressed in a writing signed by a duly appointed representative of the Lender. Further, waiver by the Lender of any right hereunder shall not constitute a waiver of any other right, including, but not limited to, the right to exercise any and all remedies for a different or subsequent event of default hereunder. By: Martha Moreno, an unmarried woman By: 4e!gd Adelina Moreno, an unmarried woman REV: 10-02-25 LF ATTY/AGR.2025.257/Habitat for Humanity (142 Center St (Moreno) - CDBG Promissory Note) (Page 3 of 3)