HTET, ZIN M. - PROMISSORY NOTE - Laserfiche WebLink

(a) Borrower's failure to perform any obligations as and when required by this City Note E. P., the City Deed of Trust E. P., and the Restrictive Covenants; or (b) the failure at any time of any of Borrower's representations or warranties to be true and correct. 7. No Waiver by City. Any failure by the City to pursue its legal and equitable remedies upon Borrower's default shall not constitute a waiver of the City's right to declare a default and exercise all of its rights under this City Note E. P., the City Deed of Trust E. P. and the Restrictive Covenants. Nor shall acceptance by City of any payment provided for herein constitute a waiver of the City's right to require prompt payment of any remaining payments owed. A waiver of any term of the City Note E. P. must be made in writing and shall be limited to the express written terms of such waiver. 8. Attorney's Fees and Costs. Borrower agrees that if any amounts due under this City Note E. P. are not paid when due, to pay in addition to all Excess Rental Proceeds and Excess Sales Proceeds, all costs and expenses of collection and reasonable attorney fees paid or incurred in connection with the collection or enforcement of this City Note E. P., whether or not suit is filed. 9. Joint and Several Obligations. This City Note E. P. is the joint and several obligation of all makers, sureties, guarantors, and endorsers, and shall be binding upon them and their successors and assigns. 10. No Offset. Borrower hereby waives any rights of offset it now has or may hereafter have against City, its successors and assigns, and agrees to make the payments called for herein in accordance with the terms of this City Note E. P. 11. Waiver. Borrower and any endorsers or guarantors of this City Note E. P., for themselves, their heirs, legal representatives, successors and assigns, respectively, severally waive diligence, presentment, protest, and demand, and notice of protest, notice of dishonor and notice of non-payment of this City Note E. P., and expressly waive any rights to be released by reason of any extension of time or change in terms of payment, or change, alteration or release of any security given for the payments hereof, and expressly waive the right to plead any and all statutes of limitations as a defense to any demand on this City Note E. P. or agreement to pay the same, and jointly and severally agree to pay all costs of collection when incurred, including reasonable attorneys' fees. 12. Notices. All notices required in this City Note E. P. shall be sent by certified mail, return receipt requested, express delivery service with a delivery receipt, or personal delivery with a delivery receipt and shall be deemed to be effective as of the date received, the date delivery was refused, or the date returned as undeliverable as indicated on the return receipt as follows: 3