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EXHIBIT 4 <br />17. Remedies. <br />Upon the occurrence and during the continuance of an Event of Default, after any <br />applicable notice has been provided and the expiration of any applicable cure period therefore, <br />Agency may declare all sums evidenced hereby immediately due and payable by delivery to the <br />Trustee named in the Agency Deed of Trust securing this Note, and to Borrower, written <br />declaration of default and demand for sale, and written notice of default and of election to cause <br />the Property to be sold, which notice Trustee shall cause to be duly filed for record and Agency <br />may foreclose on the Agency Deed of Trust. Agency shall also deposit with Trustee the Agency <br />Deed of Trust, this Note and all documents evidencing expenditures secured thereby and <br />evidenced hereby. No delay or omission on the part of the Agency in exercising any right under <br />this Note or under any of the other Loan Documents shall operate as a waiver of such right. <br />18. Attorneys' Fees. <br />If this Agency Loan 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 />19. Severability. <br />Every provision of this Note is intended to be severable. In the event any term or <br />provision hereof is declared by a court of competent jurisdiction, to be illegal or invalid for any <br />reason whatsoever, such illegality or invalidity shall not affect the balance of the terms and <br />provisions hereof, which terms and provisions shall remain binding and enforceable. <br />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 Agency 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 />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 Agency Deed <br />of Trust for repayment of the Agency Loan and for such other amounts arising therefrom shall be <br />the exercise of its rights against the Property and related security thereunder. <br />10 <br />80A-229 <br />