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73495160v3 <br /> <br /> <br />A-2 <br /> <br />the Borrower, evidenced by the Borrower Note (as defined in the Borrower Loan Agreement). Reference <br />is made to the Borrower Loan Agreement and to the Borrower Note for complete payment and prepayment <br />terms of the Borrower Note, payments on which are passed-through under the Governmental Note. <br />This Governmental Note is a limited obligation of the Obligor, payable solely from the Pledged <br />Revenues and other funds and moneys and Security pledged and assigned under the Funding Loan <br />Agreement. None of the Governmental Lender, the State, or any political subdivision thereof (except the <br />Governmental Lender, to the limited extent set forth herein) nor any public agency shall in any event be <br />liable for the payment of the principal of, premium (if any) or interest on the Funding Loan or for the <br />performance of any pledge, obligation or agreement of any kind whatsoever with respect thereto except as <br />set forth herein and in the Funding Loan Agreement, and none of the Funding Loan or the Governmental <br />Note or any of the Governmental Lender’s agreements or obligations with respect to the Funding Loan or <br />this Governmental Note shall be construed to constitute an indebtedness of or a pledge of the faith and <br />credit of or a loan of the credit of or a moral obligation of any of the foregoing within the meaning of any <br />constitutional or statutory provision whatsoever. <br />All capitalized terms used but not defined herein shall have the meanings ascribed to them in the <br />Funding Loan Agreement or in the Borrower Loan Agreement. <br />This Governmental Note is subject to the express condition that at no time shall interest be payable <br />on this Governmental Note or the Funding Loan at a rate in excess of the allowed by law; and Obligor shall <br />not be obligated or required to pay, nor shall the Noteowner be permitted to charge or collect, interest at a <br />rate in excess of such maximum rate. If by the terms of this Governmental Note or of the Funding Loan <br />Agreement, Obligor is required to pay interest at a rate in excess of such maximum rate, the rate of interest <br />hereunder or thereunder shall be deemed to be reduced immediately and automatically to such maximum <br />rate, and any such excess payment previously made shall be immediately and automatically applied to the <br />unpaid balance of the principal sum hereof and not to the payment of interest. <br />Amounts payable hereunder representing late payments, penalty payments or the like shall be <br />payable to the extent allowed by law. <br />This Governmental Note is subject to all of the terms, conditions, and provisions of the Funding <br />Loan Agreement, including those respecting prepayment and the acceleration of maturity. <br />If there is an Event of Default under the Funding Loan Documents, then in any such event and <br />subject to the requirements set forth in the Funding Loan Agreement, the Noteowner may declare the entire <br />unpaid principal balance of this Governmental Note and accrued interest, if any, due and payable at once. <br />All of the covenants, conditions and agreements contained in the Funding Loan Documents are hereby <br />made part of this Governmental Note. <br />No delay or omission on the part of the Noteowner in exercising any remedy, right or option under <br />this Governmental Note or the Funding Loan Documents shall operate as a waiver of such remedy, right or <br />option. In any event a waiver on any one occasion shall not be construed as a waiver or bar to any such <br />remedy, right or option on a future occasion. The rights, remedies and options of the Noteowner under this <br />Governmental Note and the Funding Loan Documents are and shall be cumulative and are in addition to all <br />of the rights, remedies and options of the Noteowner at law or in equity or under any other agreement. <br />Obligor shall pay all costs of collection on demand by the Noteowner, including without limitation, <br />reasonable attorneys’ fees and disbursements, which costs may be added to the indebtedness hereunder, <br />together with interest thereon, to the extent allowed by law, as set forth in the Funding Loan Agreement.