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a. As part of this determination, City may, in its absolute discretion: <br /> i. waive current late fees which have accrued on the Note; <br /> ii. lower the interest rate on the Note; <br /> iii. revise the terms and repayment schedule on the Note to defer <br /> repayment of current amounts past due. <br /> 4. Borrower acknowledges that by making the Advance, the City is providing Borrower <br /> additional time to remain in her Home. In exchange, Borrower agrees that if a subsequent Notice <br /> of Default is issued for the Primary Mortgage which Borrower is not able to timely cure and <br /> reinstate, that the Borrower will cooperate to timely sell the Home to the City pursuant to Section <br /> 10 City's Option to Purchase Upon Default of the Restrictions. <br /> 5. This Amendment may not be modified or amended except in writing signed by <br /> Borrower and City. <br /> 6. Borrower does hereby waive presentment and demand for payment, notice of <br /> dishonor, notice of intention to accelerate, notice of acceleration, protest and notice of protest <br /> and non-payment and all other notices of any kind except as provided in the Note. No notice to <br /> or demand on Borrower shall be deemed to be a waiver of the obligation of Borrower or of the <br /> right of City to take further action without further notice or demand as provided for in the Note, <br /> the Deed or the Restrictions. <br /> Except as amended by this Amendment, the Note, Deed and Restrictions shall remain in <br /> full force and effect. <br /> The parties have executed this Amendment as of the date first written above. <br /> BORROWER City of Pleasanton <br /> (Lc Cul�� rad Ar <br /> Coleen Ann Theroux teven Bocian, Assistant City Manager <br /> Attest: <br /> 4& --)5d <br /> an Diaz, City 'erk J <br /> Approved as to Form: <br /> &4athan Lowel ttorney <br /> 2 <br />