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9. Joint and Several Obligation. This Nate is the joint and several obligation of all makers, sureties, guarantors and endorsers, and shall he binding upon them and their heirs, successors and assigns. 10. Amendments and Modifleations. This Note may not be changed orally, but only by an amendment in writing signed by Borrower and by the Agency. I1. Agency May Assign. Agency may, at its option, assign its right to receive pa merit under this. Note wi thou t nec essiter of ohta.ining the consent of the Borrower. 12. Borrower As ignr ent Prohibited. In no event shall Borrower assign or transfer any portion of this Dote without the prior express written consent of the Agency, which consent shall not unreasonably be withheld, except pursu ant to a transfer which is permitted or approved pursuant to the terms of the Agreement. 13. Ternm. Any terms not separately defined herein shall have the same meanings as set forth in the Agreement. 14. Acceleration and other Remedies. Upon: a the occurrence of an event of Default a s defined i n the Agreement and delivery of notice and expiration of the cure period described therein, or h Borrower l l i n , contracting to sell, giving an option to purchase, conveying, leasing, further encumbering, mortgaging, assigning or afienating the Borrower's interest i n Phase R- other than as permitted or approved pursuant to the Agreement), whether directly or indirectly, wh th r voluntarily or involuntarily or by operation of law, or any interest in Phase R- or suffering its title, or any interest in Phase - to he 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 charges hereunder, and all other sums e u re d by the Deed of Trust, to he due and payable immediately, and upon such declaration, such 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 attorneys' 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 times 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 any right hereunder, under the Agreement or under the Deed of Trust shall not operate as a waiver of such right, or of any other right. No single or pan i al 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 of any sum p a b l a hereunder, or part thereof, after the due date of such payment shall not be 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 fai l u r to make prompt or complete pa rn en t. ATTACHMENT NO. B- DO O 140067 M 4120027 -o001