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Borrower retains title, except transfers by gift, devise or inheritance to an existing spouse, <br /> surviving joint tenant, or a spouse as part of a dissolution proceeding, or in connection with <br /> marriage shall not be a transfer for purposes of this Note. <br /> 5. Attorney Fees and Costs. Borrower agrees that if any amounts due under this <br /> Note are not paid when due, to pay in addition to principal and interest, all costs and expenses of <br /> collection and reasonable attorney fees paid or incurred in connection with the collection or <br /> enforcement of this Note, whether or not suit is filed. <br /> 6. Joint and Several Obligations. This Note is the joint and several obligation of all <br /> makers, sureties, guarantors and endorsers, and shall be binding upon them and their successors <br /> and assigns. <br /> 7. No Deficiency Judgment. This Note constitutes a portion of the unpaid balance of <br /> the purchase price of the Residence. Borrower shall have no personal liability for any deficiency <br /> on this Note and the only remedy available to the City or any holder in due course shall be <br /> foreclosure <br /> pursuant to law as provided in the Deed of Trust securing this Note or applicable equitable relief. <br /> 8. City Assignment. The City may assign this Note to any person and upon notice to <br /> Borrower by the City, all payments shall be made to the assignee. <br /> 9. Restrictions on Foreclosure Proceeds. If a creditor acquires title to the Residence <br /> through a deed in lieu of foreclosure, a trustee's deed upon sale, or otherwise, the Borrower shall <br /> not be entitled to the proceeds of sale to the extent that such proceeds, when added to the amount <br /> paid or credited to the creditor, exceed the amount the Borrower would have received by a sale in <br /> accordance with the program. The Borrower shall instruct the holder of such excess proceeds to <br /> pay such proceeds to the City as repayment for, and in consideration of, the assistance provided <br /> by the City in the acquisition and development of the Residence. <br /> BORROWER <br /> � l S (1,2 <br /> DPA 2007 -05 <br /> -.3- <br />