97-19 AUTHORIZING REDEVELOPMENT AGREEMENT Southeast Plaza

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. • . • . . ti � , , t , . '� ,! �.R �1 . ' connection with the performance, default, or enforcement of the payment hereof or hereunder; " - ` ' '(iv)waives any and a111ack of diligence and delays in the enforcement of the payment hereof; (v) ' agrees that the liability of the CITY shall not in any manner be affected by an indulgence or . forbearance granted or consented to by PAYEE to it with respect hereto; (vi) consents to any and all extensions of time, renewals, waivers, or modifications that may be granted by PAYEE with respect to the payment or any part thereof, with or without substitution, and to the release of any person or entity liable for payment hereof; and(vii)consents to the addition of any and a11 other makers, indorsers, guarantors, and other obligors for payment hereof, and to the acceptance of any and all other security for the payment hereof, and agrees that the addition of any such obligors or security shall not affect the liability of the CITY for the payment hereof. (b) If this Note is placed in the hands of an attorney for collection or enforcement or is collected or enforced through any legal proceeding, the CITY, in addition to a11 amounts due hereunder, sha11 pay to PAYEE, or the holder of this Note, all attorneys' fees, costs and expenses incuned in connection therewith. (c) Time is of the essence hereof. (d) If any provision in this Note is found by a court of law to be in violation of any applicable law, and if such court should declare such provision of this Note to be unlawful, void or unenforceable as written, then it is the intent of the CITY and PAYEE that such provision shall be given full force and effect to the fullest possible extent that is legal, valid and enforceable, that the remainder of this Note sha11 be construed as if such unlawful, void or unenforceable provision was not contained herein, and that the rights, obligations and interests of the CITY and PAYEE sha11 continue in full force and effect. (e) Upon endorsement, assignment or other transfer of this Note by PAYEE or by operation of law, the term"PAYEE" as used herein shall mean such endorsee, assignee, or other transferee or successor of"PAYEE"then becoming holder of this Note. This Note sha11 inure to the benefit of PAYEE, its successors and assigns and successor holders of this Note, and sha11 be binding upon the CITY and its successors and assigns. ' (fl Notices. Any notice, request, demand, instruction or other document to be given or served hereunder sha11 be in writing and sha11 be(i) delivered personally, with a receipt requested therefor; or(ii) sent by telecopy facsimile; or(iii) sent by a recognized overnight courier service; or(iv) delivered by United States registered or certified mail, return receipt requested, postage prepaid. All notices sha11 be addressed to the parties at their respective addresses set forth below, and the same sha11 be effective as set forth in Section 15 of the Redevelopment Agreement by and between the City of Decatur and Airport Plaza Joint Venture. (g) The provisions of this Note sha11 not be deemed to amend the provisions of the Redevelopment Agreement in any respect. To the extent of any conflict or inconsistency between the provisions of the Redevelopment Agreement and the provisions of this Note, the Redevelopment Agreement sha11 in all instances supersede and control.