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A waiver of any term of the Promissory Note must be made in writing and shall be <br /> limited to the express written terms of such waiver. <br /> 7. Attorney's Fees and Costs. Borrower agrees that if any amounts due under <br /> this Promissory Note are not paid when due, to pay in addition to interest, if any, all <br /> costs and expenses of collection and reasonable attorney fees paid or incurred in <br /> connection with the collection or enforcement of this Promissory Note, whether or not <br /> suit is filed. <br /> 8. Joint and Several Obligations. This Promissory Note is the joint and several <br /> obligation of all makers, sureties, guarantors, and endorsers, and shall be binding upon <br /> them and their successors and assigns. <br /> 9. No Offset. Borrower hereby waives any rights of offset it now has or may <br /> hereafter have against City, its successors and assigns, and agrees to make the <br /> payments called for herein in accordance with the terms of this Promissory Note. <br /> 10. Waiver. Borrower and any endorsers or guarantors of this Promissory Note, <br /> for themselves, their heirs, legal representatives, successors and assigns, respectively, <br /> severally waive diligence, presentment, protest, and demand, and notice of protest, <br /> notice of dishonor and notice of non-payment of this Promissory Note, and expressly <br /> waive any rights to be released by reason of any extension of time or change in terms of <br /> payment, or change, alteration or release of any security given for the payments hereof, <br /> and expressly waive the right to plead any and all statutes of limitations as a defense to <br /> any demand on this Promissory Note or agreement to pay the same, and jointly and <br /> severally agree to pay all costs of collection when incurred, including reasonable <br /> attorneys' fees. <br /> 11. Notices. All notices required in this Promissory Note shall be sent by <br /> certified mail, return receipt requested, express delivery service with a delivery receipt, <br /> or personal delivery with a delivery receipt and shall be deemed to be effective as of the <br /> date received, the date delivery was refused, or the date returned as undeliverable as <br /> indicated on the return receipt, as follows: <br /> To the Borrower: <br /> Silver Oaks Estates, LLC <br /> 6111 Bollinger Canyon Rd, Suite 560 <br /> San Ramon, CA 94583 <br /> 3 <br />