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perform any nonmonetary covenant or agreement under this Note within thirty (30) days after <br />written demand therefor by Agency (or, in the event that more than thirty (30) days is reasonably <br />required to cure such default, should Borrower fail to promptly commence such cure, and <br />diligently and continuously prosecute same to completion; (c) any “Event of Default” under the <br />Ground Lease, the Deed of Trust, the Agreement, or the Affordability Covenants and Restrictions, <br />or (d) a default under any Senior Loan Deed of Trust that remains uncured after any applicable <br />notice has been provided and the expiration of any applicable cure period therefore, if any, <br />provided therein. <br /> <br />13. Remedies. <br /> <br />Upon the occurrence of an Event of Default, after any applicable notice has been provided <br />and the expiration of any applicable cure period therefore, Agency may declare all sums evidenced <br />hereby immediately due and payable by delivery to the Trustee named in the Deed of Trust <br />securing this Note, and to Borrower, written declaration of default and demand for sale, and written <br />notice of default and of election to cause the Property to be sold, which notice Trustee shall cause <br />to be duly filed for record and Agency may foreclose on the Deed of Trust. Agency shall also <br />deposit with Trustee the Deed of Trust, this Note and all documents evidencing expenditures <br />secured thereby and evidenced hereby. Upon the occurrence of an Event of Default (and so long <br />as such Event of Default shall continue), the entire balance of principal shall bear interest at the <br />rate of the Note plus four percent (4%). No delay or omission on the part of the Agency in <br />exercising any right under this Note or under any of the other Loan Documents shall operate as a <br />waiver of such right. <br /> <br />14. Attorney Fees. <br /> <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 /> <br />15. Severability. <br /> <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 /> <br />16. Number and Gender. <br /> <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 /> <br />17. Non-recourse. <br /> <br />EXHIBIT 4