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the City in exercising any right under this Note or under any of the other Loan Documents shall <br />operate as a waiver of such right. <br />18. Attorneys' Fees. <br />If this City Loan Note is not paid when due or if any Event of Default occurs, Borrower <br />promises to pay all reasonable costs of enforcement and collection, including but not limited to, <br />reasonable attorneys' fees, whether or not any action or proceeding is brought to enforce the <br />provisions hereof. <br />19. Severability. <br />Every provision of this Note is intended to be severable. In the event any term or <br />provision hereof is declared by a court of competent jurisdiction, to be illegal or invalid for any <br />reason whatsoever, such illegality or invalidity shall not affect the balance of the terms and <br />provisions hereof, which terms and provisions shall remain binding and enforceable. <br />20. Number and Gender. <br />In this Note the singular shall include the plural and the masculine shall include the <br />feminine and neuter gender, and vice versa, if the context so requires. <br />21. Non-recourse. <br />The City Loan is a nonrecourse obligation of the Borrower. Neither Borrower, nor any <br />partner of the Borrower, nor any other party shalt have any personal liability for repayment of <br />the City Loan or for any other amounts ander any of the documentation evidencing, securing or <br />describing the City Loan. The sole recourse of City under this Note and the Deed of Trust for <br />repayment of the City Loan and for such other amounts arising therefrom shall be the exercise of <br />its rights against the Property and related security thereunder. <br />22. Subordination. <br />It is hereby expressly agreed and acknowledged by Borrower and City that the City Deed <br />of Trust is a subordinate deed of trust, and that this Note is subject and subordinate to the Senior <br />Loan Deed of Trust held by US Bank, NA. <br />