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terms of the Policy which is the result of any failure by the <br />Borrower to make any payment when due pursuant to the terms <br />hereof or of the other Loan Documents together with interest on <br />such amounts from the date of such payment by MBIA at the Default <br />Rate specified in paragraph 12 below. The terms "Policy," <br />"Bonds," "co- Trustee," and "Indenture" as used herein shall mean <br />as defined in paragraph 7 of the Deed of Trust. <br />(b) The obligations of the Borrower to make payments under <br />paragraph 6(a) above shall be absolute, unconditional and <br />irrevocable and shall be paid strictly in accordance with the <br />terms therein under all circumstances whatsoever, including, <br />without limitation, the following circumstances. <br />(i) Any lack of validity or enforceability of the <br />Bonds, the Indenture, the Loan Documents or any other agreement <br />or instrument relating hereto or thereto (collectively, the <br />"Related Documents "); <br />(ii) Any amendment or waiver of or any consent <br />to departure from all or any of the Related Documents; <br />(iii) The existence of any claim, setoff, <br />defense or other right which the Borrower may have at any time <br />against the Agency or the Co- Trustee or any other person or <br />entity, whether in connection with the Related Documents or any <br />unrelated transactions; <br />(iv) Any statement or any other document <br />presented under the Policy proving to be forged, fraudulent, <br />invalid or insufficient in any respect or any statement therein <br />being untrue or inaccurate in any respect whatsoever; and <br />(v) Payment by MBIA under the Policy against <br />presentation of a certificate by the Agency or the Co- Trustee <br />which does not comply with the terms of the Policy, provided that <br />such payment shall not have constituted gross negligence or <br />willful misconduct on the part of MBIA. <br />7. Place and Manner of Payment. All amounts due and <br />payable under this Note and the Loan Documents are payable at the <br />address of the Active Lender set forth above, or at such other <br />place or places as the Active Lender may designate to the <br />Borrower in writing from time to time, in any coin or currency of <br />the United States of America which on the respective dates of <br />payment thereof shall be legal tender for the payment of public <br />and private debts and which on the respective dates on which such <br />payments are due shall be immediately available funds. <br />CHFA 51P.MBIA.PN <br />RIDGE VIEW(02 /05/90) <br />Q02400 <br />Application of Payments. All payments received on <br />be first applied to accrued interest <br />applied to the reduction of principal, <br />8. <br />account of this Note shall <br />and the remainder shall be <br />-3- <br />