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<br />A-3 <br /> <br />8. Forbearance. Any forbearance by Funding Lender in exercising any right or <br />remedy under this Governmental Note or any other document evidencing or securing the Funding <br />Loan or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of <br />that or any other right or remedy. The acceptance by Funding Lender of any payment after the due <br />date of such payment, or in an amount which is less than the required payment, shall not be a <br />waiver of Funding Lender’s right to require prompt payment when due of all other payments or to <br />exercise any right or remedy with respect to any failure to make prompt payment. Enforcement by <br />Funding Lender of any security for the obligations under this Governmental Note shall not <br />constitute an election by Funding Lender of remedies so as to preclude the exercise of any other <br />right or remedy available to Funding Lender. <br />9. Waivers. Presentment, demand, notice of dishonor, protest, notice of acceleration, <br />notice of intent to demand or accelerate payment or maturity, presentment for payment, notice of <br />nonpayment, grace and diligence in collecting the Indebtedness are waived by the Obligor and all <br />endorsers and guarantors of this Governmental Note and all other third-party obligors. <br />10. Loan Charges. Neither this Governmental Note nor any of the other Financing <br />Documents will be construed to create a contract for the use, forbearance, or detention of money <br />requiring payment of interest at a rate greater than the rate of interest which results in the maximum <br />amount of interest allowed by applicable law (the “Maximum Interest Rate”). If any applicable <br />law limiting the amount of interest or other charges permitted to be collected from Obligor in <br />connection with the Funding Loan is interpreted so that any interest or other charge provided for <br />in any Financing Document, whether considered separately or together with other charges <br />provided for in any other Financing Document, violates that law, and Obligor is entitled to the <br />benefit of that law, that interest or charge is hereby reduced to the extent necessary to eliminate <br />that violation. The amounts, if any, previously paid to Funding Lender in excess of the permitted <br />amounts will be applied by Funding Lender to reduce the unpaid principal balance of this <br />Governmental Note. For the purpose of determining whether any applicable law limiting the <br />amount of interest or other charges permitted to be collected from Obligor has been violated, all <br />indebtedness that constitutes interest, as well as all other charges made in connection with the <br />indebtedness that constitute interest, will be deemed to be allocated and spread ratably over the <br />stated term of this Governmental Note. Unless otherwise required by applicable law, such <br />allocation and spreading will be effected in such a manner that the rate of interest so computed is <br />uniform throughout the stated term of this Governmental Note. <br />11. Governing Law. This Governmental Note shall be governed by the internal law of <br />the Property Jurisdiction. <br />12. Captions. The captions of the paragraphs of this Governmental Note are for <br />convenience only and shall be disregarded in construing this Governmental Note. <br />13. Address for Payment. All payments due under this Governmental Note shall be <br />payable at the principal office of Funding Lender as designated by Funding Lender in writing to <br />Fiscal Agent and Loan Servicer.