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principal. A nominal processing fee for each additional payment, will be assessed and
<br /> remitted directly to the loan servicing company.
<br /> 15. No Offset. Borrower hereby waives any rights of offset it now has or may
<br /> hereafter have against the City, its successors and assigns, and agrees to make the
<br /> payments called for herein in accordance with the terms of this Note.
<br /> 16. Protection. To keep the Property in good condition and repair, the Borrower's
<br /> responsibilities shall include, but not be limited to, the following: (a) not remove or
<br /> demolish any building thereon; (b) complete or restore promptly and in good and
<br /> workmanlike manner any building which may be constructed, damaged or destroyed
<br /> thereon and to pay when due all claims for labor performed and materials furnished
<br /> therefor; (c) comply with all laws affecting said property or requiring any alterations or
<br /> improvements to be made thereon; (d) not commit or permit waste thereof; (e) not
<br /> commit, suffer or permit any act upon said property in violation of law; (f) cultivate,
<br /> irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of
<br /> said property may be reasonably necessary; and (g) provide, maintain and deliver to
<br /> City as beneficiary fire insurance satisfactory to and with loss payable to City.
<br /> 17. Waiver; Attorneys' Fees. Borrower and any endorsers or guarantors of this 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 /> dishonor and non-payment of this Note, and expressly waive any rights to be released
<br /> by reason of any extension of time or change in terms of payment, or change, alteration
<br /> or release of any security given for the payments hereof, and expressly waive the right
<br /> to plead any and all statutes of limitations as a defense to any demand on this Note or
<br /> agreement to pay the same, and jointly and severally agree to pay all costs of collection
<br /> when incurred, including reasonable attorneys fees. If an action is instituted on this
<br /> Note, the undersigned promises to pay, in addition to the costs and disbursements
<br /> allowed by law, such sum as a court may adjudge reasonable as attorneys' fees in such
<br /> action.
<br /> 18. Severability. If any provision of this Note shall be invalid, illegal or unenforceable,
<br /> the validity, legality and enforceability of the remaining provisions hereof shall not in any
<br /> way be affected or impaired thereby.
<br /> 19. No Waiver by the City. No waiver of any breach, default or failure of condition
<br /> under the terms of this Note shall be implied from any failure of the City to take, or any
<br /> delay by the City in taking, action with respect to such breach, default or failure or from
<br /> any previous waiver of any similar or unrelated breach, default or failure; and a waiver
<br /> of any term of the Note must be made in writing and shall be limited to the express
<br /> written terms of such waiver.
<br /> 20. Transfer. "Transfer" means any sale, assignment or transfer, voluntary or
<br /> involuntary, of any interest in the Property, including, but not limited to, a fee simple
<br /> interest, a joint tenancy interest, a life estate, a leasehold interest, an interest evidenced
<br /> City of Pleasanton Rehabilitation Program Promissory Note Page 4
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