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04/08/2013 <br /> g. The advance of the proceeds of this Note is subject to the provisions of the <br /> Agreement, and the principal amount to be repaid hereunder shall not exceed the <br /> actual principal amount advanced by the City. <br /> 7. Limits on Personal Liabilitv <br /> a. Except as otherwise provided in this Paragraph 7, the Owner shall have no <br /> personal liability under this Note, the Agreement, the Deed of Trust or any of the other <br /> documents evidencing or securing the Owner's obligations in respect of the loan <br /> evidenced by the Note (the "Loan Documents") for the repayment of the indebtedness <br /> evidenced by this Note (the "Indebtedness") or for the performance of any other <br /> obligations of the Owner under the Loan Documents, and the City's only recourse for <br /> the satisfaction of the Indebtedness and the performance of such obligations shall be <br /> the City's exercise of its rights and remedies with respect to the Property and any other <br /> collateral held by the City as security for the Indebtedness. <br /> b. The Owner shall be personally liable to the City for the repayment of a <br /> portion of the Indebtedness equal to any loss or damage actually suffered by the City <br /> as a result of (1) failure of the Owner to pay to the City any rents, insurance proceeds <br /> or condemnation proceeds to the extent required by the Deed of Trust following an <br /> event or default; or (2) fraud or written material misrepresentation by the Owner or any <br /> officer, director, partner, member or employee of the Participating Owner in connection <br /> with the application for or creation of the Indebtedness or any request for any action or <br /> consent by the City. <br /> c. To the extent that the Owner has personal liability under this Paragraph 7, the <br /> City may exercise its rights against the Owner personally without regard to whether the <br /> City has exercised any rights against the Property or any other security, or pursued any <br /> rights against any guarantor, or pursued any other rights available to the City under this <br /> Note or any other Loan Document or applicable law. <br /> "Owner" <br /> Kainos Home &Training Center <br /> A California Non-Profit Corporation <br /> By: <br /> Authorized signer <br /> ATTY/AGR/2013.043/KAINOS-1033 REDWOOD AVE <br /> REV:03-28-13 VR <br /> Page 26 of 34 <br /> RESO.#15256 <br /> MUFF#304 <br />