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CHFA LOAN CLOSING
City of Pleasanton
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LONG TERM AGREEMENT
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CHFA LOAN CLOSING
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1/31/2011 3:43:12 PM
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LONG TERM AGREEMENTS
LONG TERM AGREEMENTS - DOCUMENT DATE
1/12/1990
LONG TERM AGREEMENTS - NAME
CHFA LOAN CLOSING
LONG TERM AGREEMENTS - TYPE
MISC AGMT
LONG TERM AGREEMENTS - RECORD SERIES
704-06 (Long Term Agreements)
LONG TERM AGREEMENTS - DESTRUCTION DATE
PERMANENT
LONG TERM AGREEMENTS - NOTES
RIDGE VIEW COMMONS
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8. Borrower's Waiver. The Borrower hereby waives (a) <br />notice of late charges, (b) diligence in taking any action to <br />collect any sums owing under the Note or diligence in proceeding <br />against any of the rights and interests in and to properties <br />securing payment of the Note, (c) presentment for payment, <br />demand, protest, and notices of dishonor and of protest, (d) the <br />benefits of all waivable exemptions, and (e) all defenses and <br />pleas on the grounds of any extension or extensions of the time <br />of payment or of any due date under this Note, in whole or in <br />part, whether before or after maturity and with or without <br />notice. <br />9. Attorney's Fees. The Borrower hereby agrees to pay all <br />costs and expenses, including reasonable attorney's fees, which <br />may be incurred by the Holder hereof in the enforcement of this <br />Note, the Loan Documents or any term or provision thereof. <br />10. Default Under Other Loan Documents and Acceleration. <br />All covenants, conditions and agreements contained in the Loan <br />Documents are hereby made a part of this Note, and the Borrower <br />agrees that the unpaid balance of the then principal amount of <br />this Note, together with all accrued interest thereon and charges <br />owing, shall, at the option of the Holder hereof or, if so <br />provided in any Loan Document executed by the Borrower, shall <br />automatically, become immediately due and payable, and thereafter <br />until paid bear interest at the rate of ten percent (10 %) per <br />annum or, if lesser, the maximum rate permitted by law, upon the <br />failure of the Borrower to make any payment hereunder as and when <br />due; upon the failure of the Borrower to perform or observe any <br />other term or provision of this Note, or upon the occurrence of <br />any event (whether termed default, event of default or similar <br />term) which under the terms of the Regulatory Agreement or of the <br />Loan Documents shall entitle the holder hereof to exercise rights <br />or remedies thereunder. <br />11. Notices. Except as may be otherwise specifically <br />provided herein, any approval, notice, direction, consent, <br />request or other action by the Agency shall be in writing and may <br />be communicated to the Borrower at the principal office of the <br />Borrower set forth above, or at such other place or places as the <br />Borrower shall designate to the Agency in writing, from time to <br />time, for the receipt of communications from the Agency. <br />12. Nonrecourse Obligation. Neither the Borrower nor any <br />partner of the Borrower shall have any direct or indirect <br />personal liability for payment of the principal of, or interest <br />on, this Note. The sole recourse of the Agency with respect to <br />the principal of, or interest on, this Note shall be to the <br />property securing the indebtedness evidenced by the Note. No <br />judgment, or execution thereon, entered in any action, legal or <br />CHFA 51P (RIDGE VIEW /SECOND) -3- <br />12/18/89 <br />Q02326 <br />
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