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129 Borrower Assignment Prohibited. In no event shall Borrower assign or transfer any portion of this Note without the prior express ritten consent of the Agency, which consent shall not unreasonably b o withheld, except pursuant to a transfer which is permitted or approved pursuant to the terms of the Agreement. 13-a Terms. Any terms not separately defined herein shall have the same meanings as et forth in the Agreement. U Acceleration and Other Remedies. Upon: a the occurrence of an event of Default as defined in the Agreement and delivery of notice and expiration of the cure period desefibed t herein, or Borrower selling, contracting to sell, giving an option to purchase, conveying, leasing, further encumbering, rnortg agin g, assigning or alienating the Borrower's inter es. t in Phase F o th r th an the s ale o f completed For-S ale Units to ind ivid u al homeb u yers or as other -wise permitted or approved pursuant to the Agreement), whether directly or indirectly, whether voluntarily or involuntarily or by operation of law, or any interest in Phase FS, or suffering its title, or any interest in Phase FS to be divested, whether voluntarily or involuntarily, without the consent of the Agency or as otherwise approved or permitted under the Agreement, Agency may, at Agency's option* declare the outstanding principal amount of this Note, together with the then accrued and unpaid interest thereon and other h arg hereunder, and all other sums secured by the Deed of Trust, to be d u c and payable immediately, and upon such declaration, su h principal and interest and other sums shall immediately become and be due and payable without demand or notice, all as further set forth in the Deed of Trust. All costs of collection, including, but not limited to, reasonable att rue ' fees and all expenses incurred in connection with protection of} or realization on, the security for this Note, may be added to the principal hereunder, and shall accrue interest as provided herein. Agency shall at all tunes have the right to proceed against any portion of the security for this Note in such order and in such manner as such Agency may consider appropriate, without waiving any rights with respect to any of the security. Any delay or omission on the part of the Agency in exercising an right hereunder, un der the Agreement or under the Deed of Trust shall not operate as a waiver o f such right, or of any other right. No single or phial exercise of any right or remedy hereunder or under the Agreement or any other document or agreement shall preclude other or further exercises thereof, or the exercise of any other right or remedy. The acceptance of payment o f any sum payable hereunder, or part thereof, after the due date of such payment shall not he a waiver of Agency's right to either require prompt payment when due of all other sums payable hereunder or to declare an event of Default for failure to make p ro rnp t or complete payment. 15. Successors and Assigns. Whenever "'Agency"' is referred to in this Note, such reference shall be deemed to include the Community Redevelopment Agency of the City of Santa Ana and its successors and assigns, including, without limitation, any subsequent assignee or holder of this Note. All covenants, provisions and agreements by or on behalf of Borrower, and on behalf of any makers, endorsers} guarantors and sureties hereof which are contained herein shall inu r to the benefit of the Agent and Agent ' s successors and assigns. ATTACHMENT NO. 8A-5 DOCJ 14 0067 3v 141200272-0001