RIDGE VIEW COMMONS - CONSTRUCTION LOAN

7.15 Disclosure of Information. I • C ,... 1 � . - , o il - t -..« .....a :-r 7.17 Lender's Agents. Lender may designate on agent or independent contractor to exercise any of Lender's rights under the Loan Documents. Any reference to Lender in any of the Loon Documents shall include Lender's agents, employees or independent controctors. 7.18 Severe&111ty. 11 any provision of the Loon Documents shall be determined by a court of competent jurisdiction to be invalid, illegol or unenforceable, thot portion shall be deemed severed from the Loon Documents and the remaining ports sholl remain in full force as though the invalid, illegal, or unenforceable portion had never been part of the Loan Documents. 7.19 Hein, Successors and Assigns. The terms of the Loon Documents shall be binding upon and inure to the benefit of the heirs, successors and assigns of the ponies; provided however, that this Section does not waive the provisions of Section7.14. 7.20 Rights Cumulative, No Waiver. All Lender's rights and remedies provided in the Loon Documents, granted by low or otherwise, are cumulative and may be exercised by Lender at any time. Lender's exercise of any right or remedy shall not constitute o cure of any Default unless all sums then due and payable to Lender under the Loan Documents ore repaid and Borrower hos cured all other Defaults. No waiver shall be implied from any failure of Lender to take, or any delay by Lender in taking, action concerning any Default or failure of condition under the Loon Documents, or from ony previous waiver of any similar or unrelated Defoult or failure of condition. Any waiver or approval under ony of the Loon Documents must be in writing and shall be limited to its specific terms. 7.21 Time. Time is of the essence of each term of the Loon Documents. 7.22 Headings. All headings appearing in ony of the Loan Documents ore for convenience only and shall be disregarded in construing the Loon Documents. 7.23 Governing Law. The Loan Documents shall be governed by, and construed in accordance with, the lows of the State of Colifornio, except to the extent preempted by Federal lows. Borrower and all persons and entities in any manner obligated to Lender under the Loon Documents consent to the jurisdiction of any Federol or State Court within the State of Colifornio having proper venue and also consent to iervice of process by any means authorized by California or Federal Law. 7.24 Integration; Interpretation. The Loon Documents contain or expressly incorporate by reference the entire agreement of the parties with respect to the matters contemplated herein and supersede all prior negotiations. The Loon Documents shall not be modified except by written instrument executed by all parties. Any reference in any of the Loon Documents to the Property or Improvements shall include all or ony parts of the Property or Improvements. Any reference to the Loon Documents in any of the Loon Documents includes any amendments, renewals or extensions approved by Lender. Any reference in this Agreement to the Loon Documents shall include all or any of the provisions of this Agreement and the Loon Documents unless otherwise specified. 7.25 Joint and $ 1 Liability. The liability of all persons and entities who are in any manner obligated under any of the Loon Documents shall be joint and several. 7.26 Incorporation. Exhibits A, II, C, D, and E [and ] and Article VIII, all attached hereto, are in- corporated into this Agreement. IN WITNESS WHEREOF, Borrower and Lender hove executed this Agreement os of the dote appearing on the first poge of this Agreement. "Lender" CITY OF PLEASANTON, a municipal corporation By ames R. Walker City Manager Lender's Address: City of Pleasanton 123 Main Street Pleasanton, California Attention: City Manage 6C� 7 et •r 1). Alad) m City Attorney t_ -- r ..., h . "Borrower" EDEN HOUSING, INC. a Califo niania nonprofit corporati By p0 ? l atherine A. erschel Executive Director Borrower's Address: 22941 Atherton Street, Suite D Hayward, California 94541 Attention: Tim L. Truesdale n