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73850847v2 [Exhibit A to TIF Loan Agreement] (b) Termination of use of the Project as a low- and moderate-income housing project as required by the TIF Loan Agreement or the Regulatory Agreement (as defined in the TIF Loan Agreement); or (c) Any use of the Project or a portion of the Project which violates any federal, state or local law, statute, or ordinance, which includes illegal discrimination, pornography, gambling or drug related activities; provided, however, that Borrower shall not be in default as a result of illegal activities at the Project by tenants of the Project if Borrower is pursuing all reasonable actions to prohibit such illegal activities. (d) Default by the Borrower in the performance of any other covenant, term or condition of this Note, the TIF Loan Agreement, the Regulatory Agreement, or any other agreement or mortgage relating to or encumbering the Project. Upon the occurrence of one of the events specified above, the Lender shall mail notice to the Borrower specifying: (1) the event of default; (2) the action required to cure such event; (3) a date not less than thirty (30) days from the date the notice is mailed to the Borrower by which date such default must be cured; and (4) that failure to cure such default on or before the dates specified in the notice may result in acceleration of the TIF Loan (as defined in the TIF Loan Agreement). Affiliates of the Borrower and the lenders of the Other Project Financing (as defined in the TIF Loan Agreement) shall have the right, but not the obligation to cure any event of default during the applicable cure period. If suit is instituted by Lender, its successors or assigns to recover on this Note, the undersigned agrees to pay all costs of such collection including reasonable attorney's fees and court costs. Demand, protest and notice of demand and protest are hereby waived and the undersigned waives, to the extent authorized by law, any and all homestead and other exemption rights which otherwise would apply to the debt evidenced by this Note. Notwithstanding anything in this Note to the contrary, and except for fraud or willful misconduct, no recourse shall be had for the payment of the principal of, or interest in, against the Borrower or any partner, legal representative, heir, estate, successor or assign of any thereof. The Lender agrees to look solely to the collateral given as security for payment of this Note. This Note shall be governed by and construed in accordance with the laws of the State of Minnesota.