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exercising any right under this Note or under any of the other Loan Documents shall operate as a <br />waiver of such right. <br />16. Attorney Fees. <br />If this Agency Promissory Note is not paid when due or if any Event of Default occurs, <br />Borrower promises to pay all costs of enforcement and collection, including, but not limited to, <br />reasonable attorneys' fees, whether or not any action or proceeding is brought to enforce the <br />provisions hereof. <br />17. Severability. <br />Every provision of this Note is intended to be severable. In the event any term or provision <br />hereof is declared by a court of competent jurisdiction, to be illegal or invalid for any reason <br />whatsoever, such illegality or invalidity shall not affect the balance of the terms and provisions <br />hereof, which terms and provisions shall remain binding and enforceable. <br />18. 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 />19. Non-recourse. <br />The Agency Loan is a nonrecourse obligation of the Borrower. Neither Borrower, nor its <br />partners, nor any other person or entity shall have any personal liability for repayment of the <br />Agency Loan or for any other amounts under any of the documentation evidencing, securing or <br />describing the Agency Loan. The sole recourse of Agency under this Note and the Deed of Trust <br />for repayment of the Agency Loan and for such other amounts arising therefrom shall be the <br />exercise of its rights against the Property and related security thereunder. <br />20. Subordination. <br />It is hereby expressly agreed and acknowledged by Borrower and Agency that the Deed of <br />Trust is a subordinate deed of trust, and that this Note is subject and subordinate to any Senior <br />Deed of Trust. <br />21. Notice of Default. <br />10 <br />80A-179 <br />