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(x) Capital contributions to the Project, if any, made by the general partners or managing member, as applicable, of Developer that were used to pay the Developer Fee. Security. This Note is secured by a Deed of Trust (the `Deed of Trust" dated as of the same date as this Note. 6. Nonrec ur e. This Note shall constitutc a nonrecourse obligation of Borrower. Neither Borrower, nor any of its partners (general or limited) shall have any personal liability for payment or p rfor an a of this Note. In the event of a default h r un d r, the Agency's sole recourse shall be to proceed against the collateral described in the Deed of Trust. Waivers a* Borrower expressly agrees that this Note or any payment hereunder m a be extended from time to time at the Agency's sole discretion and that the gent may accept security in consideration for any such ton ion or release any security for this Note at its sole d is cre tion all wi thou t i n a ny w ay aff c ti ng the lY ahili ty of B orrower. b. No extension of time for payment of this Note made by agreement by the Agency ith any person now or hereafter liable for the payment of this Note ha ill operate to release, d i s hang , modify, change or affect the original liability of Borrower under this Note, either in whole or in part. C. The ob li�atio ns of Borrower u nd r this Note shall b absolute d Borrower waives any and all rights to offset, deduct or withhold any payments or charges due under this Note for any reasons whatsoever. d. Borrower waives presentment, demand, notice of protest and nonpayment, notice of default or delinquency, notice of acceleration, notice of coats, expenses or leases or interest thereon, notice of dishonor, diligence in collection or in proceeding against any of the rights of interests in or to properties securing of this Note, and the benefit of any exemption under any homestead exemption laws, if applicable. . No previous waiver and no failure or delay by Agency in acting with respect to the terms of this Note or the Deed of Trust shall constitute a waiver of any breach, default, or failure or condition under t h i o te, the Deed of Trust or the obligations secured thereby. A waiver of any term of this Note, the Deed of Trust or of any of the obligations .secured thereby must he made in writing and shall be limited to the express written terms of such waiver. S. Attorneys' Fees and Costs. Borrower agrees that if any amounts due under this Note are not paid when due, to pay in addition, all costs and expenses of collection and reasonable attorneys' fee paid or incurred onn tion with the collection or enforcement of this Note, whether or not suit is fled. ATTACHMENT N. B- DO sO 1400673v 14!2 27 -0001