Laserfiche WebLink
expressly waives the right to plead any and all statutes of limitation as a defense to any demand <br /> on this Note. <br /> 12. Notices. All notices, requests,demands,reports or other communications regarding this <br /> Note shall be in writing and delivered: (i)personally; or(ii) by independent, reputable, overnight <br /> commercial courier; or(iii) by deposit in the United States mail, postage and fees fully prepaid, <br /> registered or certified mail, with return receipt requested; addressed as follows,or to such other <br /> address as specified in written notice delivered to the parties pursuant to this Section: <br /> To Maker: At the Property address. <br /> To City: City of Santa Ana <br /> 20 Civic Center Plaza(M-30) <br /> P.O. Box 1988 <br /> Santa Ana, CA 92702 <br /> Attn: City Clerk <br /> 13. Any notice that is personally delivered(including by means of professional messenger <br /> service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal <br /> Service), shall be deemed received on the documented date of delivery thereof. <br /> 14. Assignment by Lender,• Successors and Assigns. This Note shall be binding upon Maker <br /> and Maker's heirs, successors and assigns;provided however, Maker may not assign this Note <br /> without City's prior written consent except as may be permitted in accordance with the City <br /> Deed of Trust and the Affordable Housing Resale Restrictions. City may assign its rights to <br /> receive the proceeds under this Note to any person or entity without the consent of Maker, and <br /> upon notice to Maker of such assignment, all payments shall be made to the assignee. <br /> 15. No Joint Venture. The relationship of Maker and City under this Note is solely that of a <br /> participant and administrator of an affordable housing program, and in no manner are the City <br /> and the Maker partners or joint ventures,nor do any of the City Documents establish a principal <br /> and agent relationship between City and Maker. <br /> 16. Attorneys' Nees and Costs. if any legal action is filed to interpret or enforce this Note, the <br /> prevailing party shall be entitled to an award of its reasonable attorneys' fees,costs and expenses <br /> incurred therein. Maker agrees to pay all costs and expenses (including reasonable attorneys' <br /> fees) that City may incur in connection with enforcement of this Note and collection of sums <br /> payable hereunder whether or not suit is filed. <br /> 17. No Third-Pa!ty Beneficiaries, This Note shall not benefit or be enforceable by any <br /> person or entity except the City and the Maker and their respective successors and assigns. <br /> Page 48 <br /> Exhibit C <br /> 55394.00101143724951.1 <br />