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Owner. <br /> 5. Breach of Apreements <br /> A failure to (i) strictly observe the Affordability Covenants, (ii) pay any sum provided for in this <br /> Note when due, or (iii) any other material default of this Note, the Deed of Trust which secures <br /> this Note, or the Agreement, which failure has not been timely cured within the period provided <br /> for herein or in the Agreement, shall constitute a breach of the Agreement and this Note, and <br /> any other agreements between the City and the undersigned, and shall entitle the City to <br /> declare all sums due hereunder immediately due and payable. <br /> 6. Miscellaneous Provisions <br /> a. The Owner waives notice of non-payment and protest, presentment and notice of dishonor. <br /> b. In the event of any legal action with respect to the terms or enforcement of this Note, the <br /> prevailing party shall be entitled to an award of its attorney's fees and costs of suit. <br /> c. Notwithstanding any language herein to the contrary, this Note shall become immediately <br /> due and payable in the amount of all unpaid principal, together with interest thereon as provided <br /> above, upon any transfer in violation of the Agreement of title to the Property and/ar the Project <br /> to any person, firm or corporation other than the Owner and, except as provided in said <br /> Agreement, whether such transfer of title be voluntary, involuntary, or by operation of law. <br /> d. All payments on this Note shall be applied first to the interest due on the Note, if applicable, <br /> and then to the principal due on the Note. <br /> e. In the event the Owner shall fail to pay the payment when due, or otherwise breach the <br /> terms of this Note, and if such failure be subsisting ten (10) days for monetary breaches hereof, <br /> or thirty (30) days for other breaches hereof, after written notice given in accordance with the <br /> Agreement, the unpaid principal amount of this Note, together with accrued interest and late <br /> charges, shall become due and payable, at the option of the City, without further notice to the <br /> undersigned. Failure of the City to exercise such option shall not constitute a waiver of such <br /> default. <br /> f. In the event that no advances are made under this Note, and providing that the Owner <br /> provides the City with a release of its obligations under the Agreement and/or this Note to make <br /> any such advances, the City shall return the original of this Note to the Owner upon written <br /> demand by the Owner to do so. The City shall have the right to approve the terms of such a <br /> release, with approval shall not be unreasonably withheld. <br /> g. The advance of the proceeds of this Note is subject to the provisions of the Agreement, and <br /> the principal amount to be repaid hereunder shall not exceed the actual principal amount <br /> 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 personal liability <br /> under this Note, the Agreement, the Deed of Trust or any of the other documents evidencing or <br /> securing the Owner's obligations in respect of the loan evidenced by the Note (the "Loan <br /> Documents") for the repayment of the indebtedness evidenced by this Note (the <br /> REV:10-19-15 VR <br /> Page 6 of 7 <br /> ATTY/AGR.Amend. No. 1/MHA Funding Agmt Amendment No.1 <br />