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$9,360,000.00 <br />CALIFORNIA HOUSING FINANCE AGENCY <br />AND <br />MUNICIPAL BOND INVESTORS ASSURANCE CORPORATION <br />PROMISSORY NOTE <br />CHFA Development No. 87 -007 -N <br />(Permanent Financing) <br />January 1, 19f, <br />FOR VALUE RECEIVED, the undersigned, Ridge View Commons <br />Associates, a California limited partnership with its principal <br />office at 22941 Atherton Street, Suite D, Hayward, California, <br />94541, (the "Borrower ") hereby promises to pay to the order of <br />California Housing Finance Agency, 1121 L Street, 7th Floor, <br />Sacramento, CA 95814 (the "Agency ") and Municipal Bond Investors <br />Assurance Corporation, 113 King Street, Armonk, NY 10504 (the <br />"MBIA ") (the Agency and MBIA are hereinafter collectively <br />referred to as the "Lenders ") as specified herein, a principal <br />amount equal to Nine Million Three Hundred Sixty Thousand Dollars <br />($9,360,000.00), such obligation of the Borrower being upon, <br />subject to and secured by the terms of a Deed of Trust and other <br />Loan Documents as such terms are defined in that certain document <br />entitled "California Housing Finance Agency, Regulatory <br />Agreement, CHFA Development No. 87- 007 -N" executed between the <br />Borrower, the City of Pleasanton and the Agency and imposed upon <br />the Development as defined below (the "Regulatory Agreement "). <br />The Borrower also promises to pay to the order of the Lenders, <br />interest at the rates, in the amounts and at the times <br />hereinafter provided. <br />1. Active Lender. In the exercise of their rights and <br />remedies hereunder, the Lenders shall act through the Active <br />Lender as such term is described in paragraph 7 of the Deed of <br />Trust and the Borrower, when discharging any obligation owed to <br />the "Lenders," shall render performance to the Active Lender. <br />All terms which are defined in the Deed of Trust shall have the <br />same meaning as when used herein. <br />2. Borrower's Obligation. This Note evidences the <br />obligation of the Borrower to the Lenders for the repayment of <br />funds loaned to the Borrower by the Agency to finance the <br />construction and operation of a two - hundred (200) unit <br />multifamily rental housing development for elderly persons in <br />Pleasanton, California, known as Ridge View Commons (the <br />"Development ") pursuant to the Loan Documents. <br />3. Prohibition Against Transfer of Interest. The Borrower <br />shall not make any sale, assignment, conveyance or transfer in <br />any other form, nor any further pledge, encumbrance or <br />mortgaging of the Development or any part thereof or of any of <br />CHFA 51P.MBIA.PN <br />RIDGE VIEW(02 /05/90) <br />Q02400 <br />-1- <br />