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14. Application of Payments. All payments received on account of this Note shall be first applied to accrued interest and the remainder shall be applied to the reduction of principal. A nominal processing fee for each additional payment, will be assessed and remitted directly to the loan servicing company. 15. No Offset. Borrower hereby waives any rights of offset it now has or may hereafter have against the City, its successors and assigns, and agrees to make the payments called for herein in accordance with the terms of this Note. 16. Protection. To keep the Property in good condition and repair, the Borrower's responsibilities shall include, but not be limited to, the following: (a) not remove or demolish any building thereon; (b) complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor; (c) comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; (d) not commit or permit waste thereof; (e) not commit, suffer or permit any act upon said property in violation of law; (f) cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property may be reasonably necessary; and (g) provide, maintain and deliver to City as beneficiary fire insurance satisfactory to and with loss payable to City. 17. Waiver; Attorneys' Fees. Borrower and any endorsers or guarantors of this Note, for themselves, their heirs, legal representatives, successors and assigns, respectively, severally waive diligence, presentment, protest, and demand, and notice of protest, dishonor and non-payment of this Note, and expressly waive any rights to be released by reason of any extension of time or change in terms of payment, or change, alteration or release of any security given for the payments hereof, and expressly waive the right to plead any and all statutes of limitations as a defense to any demand on this Note or agreement to pay the same, and jointly and severally agree to pay all costs of collection when incurred, including reasonable attorneys fees. If an action is instituted on this Note, the undersigned promises to pay, in addition to the costs and disbursements allowed by law, such sum as a court may adjudge reasonable as attorneys' fees in such action. 18. Severability. If any provision of this Note shall be invalid, illegal cr unenforceable, the validity, legality and enforceability of the remaining provisions herecf shall not in any way be affected or impaired thereby. 19. No Waiver by the City. No waiver of any breach, default or failure of condition under the terms of this Note shall be implied from any failure of the City to take, or any delay by the City 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. City of Pleasanton Rehabilitation Program Promissory Note Page 4