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49 <br />Westview House <br />City HOME Loan Agreement <br />City of the right to require prompt performance of all further obligations; City's acceptance <br />of any performance following the sending or filing of any notice of default shall not <br />constitute a waiver of either party's right to proceed with the exercise of its remedies for <br />any unfulfilled obligations; and City's acceptance of any partial performance shall not <br />constitute a waiver by City of any rights. <br />20.4. Nonrecourse Liability. Neither Developer, nor any other party, including <br />any partner of Developer, shall have any personal liability under this Agreement, or the <br />attached City/HOME Loan Note and City/HOME Loan Deed of Trust, and any judgment, <br />decree or order for the payment of money obtained in any action to enforce the obligation <br />of Developer to repay the City/HOME Loan or any other amount evidenced or secured by <br />such documents shall be enforceable against Developer only to the extent of Developer’s <br />interest in the Property. <br />20.5. Limited Partner Cure. The City shall provide the Developer’s Limited <br />Partner with an opportunity to cure any default. Any cure made or tendered by Limited <br />Partner shall be accepted as if made by Developer. <br />Section 21. MISCELLANEOUS <br /> <br />21.1. Obligations Unconditional and Independent. Notwithstanding the <br />existence at any time of any obligation or liability of City to Developer, or any other claim <br />by developer against City, in connection with the City/HOME Loan or otherwise, <br />Developer hereby waives any right it might otherwise have: (a) to offset any such <br />obligation, liability or claim against Developer's obligations under the Loan Documents ; <br />or, (b) to claim that the existence of any such outstanding obligation, liability or claim <br />excuses the nonperformance by Developer of any of its obligations under the Loan <br />Documents. <br />21.2. Notices. All notices, demands, approvals and other communications <br />provided for in the Loan Documents shall be in writing and be delivered to t he appropriate <br />party by personal service or U.S. mail at its address as follows: <br />If to Developer: Westview House LP <br /> c/o Westview House CDP LLC <br /> 3416 Via Oporto, Suite 301 <br /> Newport Beach, CA 92663 <br /> Attn: Kyle Paine <br /> <br />With a copy to: Westview House Mercy House CHDO LLC <br /> 807 N. Garfield Street <br /> Santa Ana, CA 92701 <br /> Attn: Lawrence G. Haynes, Jr. <br /> <br />And: Sabelhaus & Strain, LLP <br /> 1724 10th Street, Suite 110 <br /> Sacramento, CA 95811 <br />EXHIBIT 3