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4.0 Miscellaneous. <br /> 4.1 The indebtedness evidenced by this Note is secured by a Deed of Trust, dated <br /> May 30 , 2001, and reference is made to the Deed of Trust for rights as to acceleration of <br /> the indebtedness evidenced by this Note, including Section 20 of the Deed of Trust, which <br /> provides as follows: <br /> Transfer of the Property. Subject to Section 23, if all or any part of the Property or an <br /> interest in it is sold or transferred by Borrower, excluding permitted transfers to a <br /> spouse or other person signing the Note in the manner described in Section 6 above, <br /> all the sums secured by this Deed of Trust shall be immediately due and payable. In <br /> the event of such an acceleration, Lender shall mail Borrower notice of the <br /> acceleration in accordance with Section 17 hereof. Such notice shall provide a period <br /> of not fewer than 30 days from the date the notice is mailed within which Borrower <br /> may pay the sums declared due. If Borrower fails to pay such sums prior to the <br /> expiration of such period, Lender may, without further notice of demand on <br /> Borrower; invoke any remedies permitted by Section 21 hereof. <br /> 4.2 Non - recourse. Borrower shall have no personal liability for any deficiency on <br /> this Note and the only remedy available to the City or any holder in due course shall be <br /> foreclosure pursuant to law as provided in the Deed of Trust securing this Note. The City may <br /> assign its right to receive the proceeds under this Note to any person and upon notice to <br /> Borrower by the City all payments shall be made to the assignee. <br /> 4.3 Controlling Law. The provisions of this Note shall be interpreted under the laws <br /> of the State of California. <br /> 4.4 Attomey Fees and Costs for Payment. Borrower agrees to pay all costs and <br /> expenses related to the collection and reasonable attorney fees paid or incurred in connection <br /> with the collection or enforcement of this Note, whether or not a lawsuit is filed. <br /> BORROWER: /• <br /> it • a i� t Y � lei /0 <br /> (NAME) <br /> ✓ y p aiLvi a ia L 6/E/6 /0 <br /> Nolan ms Joc2 - Promissory Note KuulzaJ.Joc/SrG ^ <br /> 5/24/01 1 3 3:29 PM <br /> 0 a- I Z ` A f <br /> / 4 ) � 2O// eY (�"' Cif G �7�7" <br /> 1 1 F <br /> - 3 - <br />