Solvang Brewing Company, Inc. / Renfrow Family Properties, LLC.
this Note when due, the City hereof shall be entitled to damages for the detriment
caused thereby, but that it is extremely difficult and impractical to ascertain the extent of
such damages. Borrowers therefore agree that a sum equal to five percent (5%) of
each payment which becomes delinquent (“Late Charge”) is a reasonable estimate of
said damages to the City of this Note, which sum Borrowers agree to pay on demand.
Prior to collecting any late charge hereunder, City shall comply with the provisions of
California Civil Code section 2954.5, as such section or any successor section may now
or hereafter be in effect.
11.
Acceleration on Transfer or Encumbrance of Property. The Deed of Trust contains
the following provision: “If Trustor sells, contracts to sell, gives an option to purchase,
conveys, leases with an option to purchase, encumbers, or alienates the Property, or
any interest in it, or suffers its title to, or any interest in, the Property to be divested,
whether voluntarily or involuntarily; or if there is a sale or transfer of beneficial interests
in Trustor or SBC equal to fifty percent (50%) or more of the beneficial ownership
interests of that entity outstanding at the date of this Deed of Trust; or if Trustor
changes or permits to be changed the character or use of the Property; or if title to such
Property becomes subject to any lien or charge, voluntary or involuntary, contractual or
statutory, without Beneficiary’s prior written consent, then Beneficiary, at Beneficiary’s
option, may, without prior notice, declare all sums secured by this Deed of Trust,
regardless of their stated due date(s), immediately due and payable and may exercise
all rights and remedies in this Deed of Trust.”
12.
Governing Law. This Note is to be governed according to the laws of California.
13.
Attorneys’ Fees. Borrowers further promise to pay all reasonable attorneys’ fees
incurred by any City hereof in connection with any default hereunder and in any
proceeding brought to enforce any of the provisions of this Note
.
14.
Severability. The unenforceability or invalidity of any provision or provisions of this
Note as to any persons or circumstances shall not render that provision or those
provisions unenforceable or invalid as to any other provisions or circumstances, and all
provisions hereof, in all other respects, shall remain valid and enforceable.
15.
Notices. All notices, demands, requests, elections, approvals, disapprovals, consents
or other communications given under this Note shall be in writing and shall be given by
personal delivery, certified mail, return receipt requested, or overnight guaranteed
delivery service and addressed as follows:
SBC:
Solvang Brewing Company, Inc.
1547 Mission Drive
Solvang, CA 93463
Attn: Stephen M. Renfrow, President
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