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EXHIBIT 4 <br />22. Subordination. <br />It is hereby expressly agreed and acknowledged by Borrower and Agency that the <br />Agency Deed of Trust is a subordinate deed of trust, and that this Note is subject and subordinate <br />to the Senior Loan Deed of Trust held by MUFG Union Bank, N.A.. <br />23. Reserved. <br />24. Reserved. <br />25. Force Maieure. <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 Agency or any other public or governmental Agency or entity (except that any act or <br />failure to act of Agency shall not excuse performance by Agency); or any other causes beyond <br />the reasonable control or without the fault of the party claiming an extension of time to perform. <br />An extension of time for any such cause shall be for the period of the enforced delay and shall <br />commence to run from the time the party claiming such extension gives notice to the other party, <br />provided 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 Agency and the Borrower. <br />26. Assignments. <br />The Agency, and the assignee of the Agency, shall have the right to assign this Note and <br />the Agency Deed of Trust securing this Note, without any further act of Borrower. The assignee <br />shall give notice to Borrower as soon as practicable after such assignment. <br />26. Amendment and Restatement. <br />This Note amends, restates and supersedes in their entirety the Original Notes. On or <br />before the date hereof, the Agency shall surrender and deliver to Original Borrower the Original <br />Notes. <br />11 <br />80A-230 <br />