Kimberly Clark Worldwide Inc 12/28/2005

Maker shall pay to the Noteholder a late charge of five percent(5%)of any monthly installment not received by the Noteholder within five (5) days after the installment is due. Maker may prepay this Note in whole or in part without prepayment penalty. Any partial prepayment shall be • applied first against accrued interest, and second against the principal amount outstanding,and shall not postpone the due date of any subsequent monthly installments or change the amount of such installments unless the Noteholder shall otherwise expressly agree in writing. Presentment, notice of dishonor and protest are hereby waived by all makers, sureties, guarantors and endorsers hereof, as applicable. This Note shall be the joint and several obligation of all makers, sureties, guarantors and endorsers, and shall be binding upon them and their successors and assigns. Any notice to Maker provided for in this Note shall be given by mailing such notice by certified mail addressed to Maker at the property address stated below, or to such other address as Maker may designate by notice to the Noteholder. Any notice to the Noteholder shall be given by mailing such notice by certified mail,return receipt requested, to the Noteholder at the address stated in the first paragraph of this Note, or at such other address as may have been designated by notice to Maker. MAKER: CITY OF EVERETT,WASHINGTON, a municipality organized under the laws of the State of Washington By Ray Stephanson, Mayor Dated: 2930 Wetmore Ave. Everett, Washington 98201 ATTEST: By Sharon Marks,City Clerk Dated: APPROVED AS TO FORM: By James D.Iles, City Attorney Dated: ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY,TO EXTEND CREDIT,OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. - 2-