MILLER, MARK B. - PROMISSORY NOTE TEN YEAR DEFERRED

9. City Assignment. The City may assign this Note to any person and upon notice to Borrower by the City; all payments shall be made to the assignee. 10. Restrictions on Foreclosure Proceeds. If a creditor acquires title to the Residence through a deed in lieu of foreclosure, a trustee's deed upon sale, or otherwise, the Borrower shall not be entitled to the proceeds of sale to the extent that such proceeds, when added to the amount paid or credited to the creditor, exceed the amount the Borrower would have received by a sale in accordance with Program Guidelines. The Borrower shall instruct the holder of such excess proceeds to pay such proceeds to the City as repayment for, and in consideration of, the assistance provided by the City in the acquisition and development of the Residence. BORROWER 3 A-Z DPA 2007 -12 -3-