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f. If a non-monetary event of default occurs under the terms of this Note or the Deed of <br />Trust, prior to exercising any remedies thereunder, Agency shall give Borrower notice of such <br />default. If the default is reasonably capable of being cured within thirty (30) days, Borrower shall <br />have such period to effect a cure prior to exercise of remedies by the Agency under this Note and <br />the Deed of Trust. If the default is such that it is not reasonably capable of being cured within thirty <br />(30) days, and Borrower: (i) initiates corrective action within said period; and, (ii) diligently, <br />continually, and in good faith works to effect a cure as soon as possible, then borrower shall have <br />such additional time as is reasonably necessary to cure the default prior to exercise of any remedies <br />by Agency. In no event shall Agency be precluded from exercising remedies if its security becomes <br />or is about to become materially jeopardized by any failure to cure a default or the default is not <br />cured within one hundred and eighty (180) days after the first notice of default is given. <br /> <br />20. Force Majeure. <br /> <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; terrorism; insurrection; strikes; <br />lock-outs; riots; floods; earthquakes; fires; casualties; acts of God or other deities; acts of the public <br />enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; <br />governmental restrictions or priority; litigation; unusually severe weather; inability to secure <br />necessary labor, materials or tools; delays of any contractor or supplier; acts of the other party; <br />acts or failure to act of the Agency or any other public or governmental Agency or entity (except <br />that any act or failure to act of Agency shall not excuse performance by Agency); or any other <br />causes beyond the reasonable control, or without the fault of the party claiming an extension of <br />time to perform (each a “Force Majeure Event”). An extension of time for any Force Majeure <br />Event shall be for the period of the enforced delay and shall commence to run from the time the <br />party claiming such extension gives notice to the other party, provided notice by the party claiming <br />such extension is given within thirty (30) days after the commencement of the cause. Times of <br />performance under this Note may also be extended in writing by the Agency and the Borrower. <br /> <br />21. Assignments. <br /> <br />The Agency, and the assignee of the Agency, shall have the right to assign this Note and <br />the Deed of Trust securing this Note, without any further act of Borrower. The assignee shall give <br />notice to Borrower as soon as practicable after such assignment. <br /> <br />EXHIBIT 4