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20. Number and Gender. <br />In this Note the singular shall include the plural and the masculine shall include the <br />feminine and neuter gender, and vice versa, if the context so requires. <br />21. Non-recourse. <br />The City Loan is a nonrecourse obligation of the Borrower. Neither Borrower nor any <br />other party, including Borrower's partners, shall have any personal liability for repayment of the <br />City Loan or for any other amounts under any of the documentation evidencing, securing or <br />describing the City Loan. The sole recourse of City under this Note and the Deed of Trust for <br />repayment of the City Loan and for such other amounts arising therefrom shall be the exercise of <br />its rights against the Property and related security thereunder. <br />22. Subordination. <br />It is hereby expressly agreed and acknowledged by Borrower and City that the City Deed <br />of Trust is a subordinate deed of trust, and that this Note is subject and subordinate to the Senior <br />Loan Deed of Trust held by MUFG Union Bank, N.A.. <br />23. Reserved. <br />24. Reserved. <br />25. Force Majeure. <br />Notwithstanding specific provisions of this Note, performance hereunder shall not be <br />deemed to be in default where delays or defaults are due to: war; insurrection; strikes; lock -outs; <br />riots; floods; earthquakes; fires; casualties; acts of God or other deities; acts of the public enemy; <br />epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental <br />restrictions or priority; litigation; unusually severe weather; inability to secure necessary labor, <br />materials or tools; delays of any contractor or supplier; acts of the other party; acts or failure to <br />act of the City or any other public or governmental City or entity (except that any act or failure to <br />act of City shall not excuse performance by City); or any other causes beyond the reasonable <br />control or without the fault of the party claiming an extension of time to perform. An extension <br />of time for any such cause shall be for the period of the enforced delay and shall commence to <br />run from the time the party claiming such extension gives notice to the other party, provided <br />notice by the party claiming such extension is given within thirty (30) days after the <br />commencement of the cause. Times of performance under this Note may also be extended in <br />writing by the City and the Borrower. <br />10 <br />