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� , . <br /> all and every kind of notice of any such extension or extensions,change or changes, and agrees that <br /> the same may be made without the joinder of any one or more of such persons; <br /> (b) waives presentment, notice of dishonor, protest, notice of protest and diligence in <br /> collection, and all exemptions, whether homestead or otherwise, to it may now or hereafter be <br /> entitled under the laws of State of Illinois or any other state; and ' <br /> (c) agrees,upon breach of its obligations under the Funding Agreement or upon failure �i <br /> to make full payment under this Note by the Maturity Date, to pay all costs and expenses of ' <br /> collecting, securing, or attempting to collect or secure this Note, including a reasonable attorney's <br /> fee (without regard to statutory presumptions, if any),whether the same is collected or secured by <br /> suit or otherwise,providing the collection of such costs and fees is pennitted by applicable law; and <br /> (d) agrees to pay and perform each and every obligation under the Funding Agreement, <br /> and to comply with every term of the Funding Agreement,subject to all notice requirements and cure <br /> periods set forth therein. <br /> If any provision,or portion thereof,of this Note, or the application thereof to any persons or <br /> circumstances shall to any extent be invalid or unenforceable, the remainder of this Note, or the <br /> application of such provision, or portion thereof,to any other person or circumstances shall not be <br /> affected thereby, and each provision of this Note shall be valid and enforceable to the fullest extent <br /> permitted by law. <br /> None of the terms and provisions contained in this Note or any other documents or <br /> instrument now or hereafter securing same, or related hereto, shall ever be construed to create a <br /> contract for the use, forbearance or detention of money requiring payment of interest at a rate in <br /> excess of the maximum interest rate permitted to be charged by the laws of the State of Illinois. The <br /> undersigned or other party now or hereafter becoming liable for the payment of this Note shall never <br /> be required to pay interest on this Note at a rate in excess of the maximum interest rate that may be <br /> lawfully charged under the laws of the State of Illinois, and the provisions of this paragraph shall <br /> control over all other provisions hereof and of any other instrument executed in connection herewith <br /> or executed to secure the indebtedness evidenced hereby which may be in apparent conflict with this <br /> paragraph. In the event the holder shall collect monies which are deemed to constitute payments in <br /> the nature of interest which would otherwise increase the effective interest rate on this Note to a rate <br /> in excess of that permitted to be charged by the laws of the State of Illinois, all such sums deemed <br /> to constitute interest in excess of the maximum rate shall be refunded to the undersigned in cash and <br /> the undersigned hereby agrees to accept such refund. <br /> Any capitalized terms not described herein shall have the meanings set forth in the Funding <br /> Agreement. <br /> HOPE VI Zero-Interest Note <br /> C:�NIy Documents\Closing Documents\CITYNOTE50903.doc <br /> Page 2 <br />