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security given for the payments hereof, and expressly waives the right to plead any and all statutes of limitations as a defense to any demand on this Note or agreement to pay the same, and agrees to pay all costs of collection when incurred, including reasonable attorneys' fees. If an action is instituted on this Note, the undersigned promises to pay, in addition to the costs and disbursements allowed by law, such sum as a court may adjudge reasonable as attorneys' fees in such action. 6. Manner and Place of Payment. All payments of principal and interest shall be payable in lawful money of the United States of America at the office of the City or at such other address as the City may provide to the Borrower by notice in accordance with Section 15.2 of the DDLA. 7. Non-Recourse Provisions. (a) Prior to transfer of the leasehold interest in the Site and recordation of the City Deed of Trust, and subject to Sections 14.5 and 14.6, the Borrower shall not have any direct or indirect personal liability for payment of the principal of, or interest on, the City Predevelopment Loan, this Note shall be fully recourse against the Borrower and any judgement or execution thereof entered in any action, legal or equitable, on this Note may be enforced personally against the Borrower. (b) Following transfer of the leasehold interest in the Site and recordation of the City Deed of Trust, and except as provided below, the Borrower shall not have any direct or indirect personal liability for payment of the principal of, or interest on, the Predevelopment Loan, and the sole recourse of the City with respect to the principal of, or interest on, the Note shall be to the property described in the City Deed of Trust. 8. Conflict. If any term or provision of this Note conflicts with any term or provision of the DDLA, the term of provision of the DDLA shall control to the extent of such conflict. MIDPEN HOUSING CORPORATION, a California nonprofit public benefit corporation By: Name: Its: 2 191\52\1415297.1