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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />3 <br /> <br />10. The Company shall pursue all available remedies to collect amounts due <br />from any Defaulting Member, which may include but is not limited to: <br />a. Repeated notices, verbal and written contacts, personal <br />persuasion, and <br />b. Extending a loan evidenced by a promissory note and secured by a <br />deed of trust, and <br />c. After 6 months from the due date of the unpaid assessment and <br />Defaulting Member is notified in writing that all costs associated <br />with the collection will be added to their default payment obligation, <br />pursue the matter in small claims court or county court. <br />d. Any other available legal remedy. <br />e. The Defaulting Member shall be responsible for all costs of <br />collection. <br /> <br />~ <br /> <br />11. In the event a Funding Member is in default, and with reference to <br />Section 2 above, the Company: <br /><a. Shall make the full annual Loan payment by drawing on the <br />Payment Reserve Account for any default amount, and <br />b. Shall continue to attempt collection of the default amount plus any <br />costs of collection, plus any applicable fines, fees and interest to <br />replenish the reserve fund, and, <br />If, after 10 months, the Company has failed to collect unpaid <br />amounts from the Defaulting Member, the Company shall send <br />notice of the additional amounts to be paid by the remaining <br />Funding Members, Such additional amounts shall be due ten <br />working days from the Funding Members' receipt of notice from the <br />Company of the additional amount due, and in time for the payment <br />reserve account to be replenished prior to the Company's next loan <br />payment becoming due. The Funding Members shall share the <br />additional amounts due in proportion to their respective obligations <br />for the Loan principal balance at the time (Section 4 above). <br />d. Shall continue to pursue collections as long as deemed practical by <br />the Company. <br /> <br /> <br />t->O <br /> <br />12. Any amounts collected from a Defaulting Member by the Company shall <br />be applied first to pay the Company's costs of collections, including <br />attorney costs, and the remainder shall be used to replenish the reserve <br />account. <br /> <br />13. The Company shall make every effort to reduce the principal of the loan <br />at all times, for the benefit of all Members, which may include additional <br />principal payments to reduce the life of the Loan and re-amortizing the <br />loan if feasible. <br />