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<br />. <br /> <br />the new registered Lender in the registration blank appearing <br />below. The City may deem and treat the person in whose name <br />the Note is last registered upon the books of the City with <br />such registration noted on the Note, as the absolute owner <br />hereof, whether or not overdue, for the purpose of receiving <br />payment of or on the account, of the Principal Balance, <br />redemption price or interest and for all other purposes, and <br />all such payments so made to the Lender or upon his order shall <br />be valid and effective to satisfy and discharge the liability <br />upon the Note to the extent of the sum or sums so paid, and the <br />City shall not be affected by any notice to the contrary. <br /> <br />17. All of the agreements, conditions, covenants, <br />provisions and stipulations contained in the Resolution, the <br />Mortgage, the Assignment of Leases and Rents, the Loan <br />Agreement, the Pledge Agreement, the Construction Loan <br />Agreement and the Security Agreement are hereby made a part of <br />this Note to the same extent and with the same force and effect <br />as if they were fully set forth herein. <br /> <br />18. This Note and interest thereon and any service <br />charge or premium due hereunder are payable solely from the <br />revenues and proceeds derived from the Loan Agreement, the <br />Mortgage, the Guaranty, the Assignment of Leases and Rents and <br />the Security Agreement, and do not constitute a debt of the <br />City within the meaning of any constitutional or statutory <br />limitation, are not payable from or a charge upon any funds <br />other than the revenues and proceeds pledged to the payment <br />thereof, and do not give rise to a pecuniary liability of the <br />City or, to the extent permitted by law, of any of its <br />officers, agents or employees, and no holder of this Note shall <br />ever have the right to compel any exercise of the taxing power <br />of the City to pay this Note or the interest thereon, or to <br />enforce payment thereof against any property of the City, and <br />this Note does not constitute a charge, lien or encumbrance, <br />legal or equitable, upon any property of the City, and the <br />agreement of the City to perform or cause the performance of <br />the covenants and other provisions herein referred to shall be <br />subject at all times to the availability of revenues or other <br />funds furnished for such purpose in accordance with the Loan <br />Agreement, sufficient to pay all costs of such performance or <br />the enforcement thereof. <br /> <br />19. It is agreed that time is of the essence of this <br />Note. If an Event of Default (as that term is defined in the <br />Mortgage, the Assignment of Leases and Rents, the Construction <br />Loan Agreement or the Loan Agreement) shall occur, then the <br />Lender shall have the right and option to declare the Principal <br /> <br />. <br /> <br />11 <br />