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2007/12/05 Council Agenda Packet
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2007/12/05 Council Agenda Packet
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Council Agenda Packet
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12/5/2007
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r <br /> other law (the "Maximum Rate"). If this Note or any other such instrument does so provide, the <br /> provisions of this paragraph shall govern, and neither Maker nor any endorsers of this Note nor <br /> their respective heirs, personal representatives, successors, or assigns shall be obligated to <br /> pay the amount of interest in excess of the Maximum Rate. In such event, the interest rate in <br /> excess of the Maximum Rate shall be reduced by appropriate credits to the balance owing at <br /> maturity hereunder so that the Maximum Rate shall not be exceeded. <br /> 12. Notice. Any demand or notice to be made or given under the terms hereof or any <br /> instrument now or hereafter relating to or securing this Note by the Holder to Maker shall be <br /> effective when mailed or delivered by registered mail, postage prepaid, to the Maker. <br /> 13. Governing Law. This Note shall be governed by and construed in accordance with <br /> the laws of the State of Washington and applicable Federal law. <br /> 14. Nonrecourse. Notwithstanding any other provision hereof or of any other <br /> instrument relating to or securing this Note, the Maker and its assigns and their respective <br /> officers, directors, employees, partners or members, shall not have any personal liability for the <br /> indebtedness evidenced hereby or any deficiency judgment, and upon the occurrence of a <br /> default or event of default hereunder, the Holder hereof shall look solely to the instruments by <br /> which this Note is secured and the Premises constituting the security, together with the rents, <br /> issues, and profits thereof for satisfaction of the indebtedness, and resort shall not be made to <br /> any other property of the Maker; PROVIDED, HOWEVER, that nothing herein contained shall <br /> limit or be construed to limit or impair the enforcement against said Premises of the rights and <br /> remedies of the Holder hereof, including the joinder of the Maker in any action to foreclose the <br /> liens and security interests securing this Note, and PROVIDED, FURTHER, that nothing herein <br /> shall diminish Maker's liability for damages or deficiencies resulting from theft, waste, fraud, <br /> material misrepresentation or misuse of rents. <br /> 16. Loan Agreement. This note is subject to the terms and conditions of the HOME <br /> Agreement executed between the Maker and Holder on the day of November 2007. <br /> Disbursement of the funds evidenced by this Note is to be made subject to the terms and <br /> conditions of said HOME Agreement. <br /> B-3 <br />
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