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enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. 11. Time. Time is of the essence in this Note. 12. No Waiver by the Agency. No waiver of any breach, default or failure of condition under the terms of the Note shall be implied from any failure of the Agency to take, or any delay by the Agency in taking, action with respect to such breach, default or failure or from any previous waiver of any similar or unrelated breach, default or failure; and a waiver of any term of the Note must be made in writing and shall be limited to the express written terms of such waiver. 13. Nonrecgurse. Notwithstanding anything to the contrary in this Note, or in any other instrument evidencing or securing the obligations of the Borrower under this Note, the Holder hereof expressly agrees that there shall be no personal liability of the Borrower under this Note or under any other instrument given to evidence or secure the obligations of the Borrower under this Note. The liability of the Borrower shall be strictly and absolutely limited to the rights of the Holder under that certain document entitled "Deposit Agreement for CHFA's Advance of State /Local Loan Funds" executed between the .Borrower, the Agency, the City of Pleasanton and the Bank of Pleasanton. In the event a default shall occur under this Note or with respect to the indebtedness evidenced by this Note, the Holder hereof shall not seek any judgment against the undersigned or the legal representatives, successors or assigns of the undersigned in any action to collect on this Note or on any other instrument given to evidence or secure the obligations of the Borrower under this Note. Executed at , California. CHFA 51P (Ridge View Commons) 10/25/88 1O1108(OCC) EDEN HOUSING, INC. a California nonprofit corporation By : -3- Catherine Merschel Executive Director