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0 <br />9 <br />(2) Mail to the owner a second notice of delinquency and demand for <br />payment by both certified mail (return receipt requested) and first class mail, at <br />least 30 days after the date of the first notice if the delinquency is continuing. <br />If the owner fails to cure the delinquency within 30 days after mailing the second <br />notice of delinquency, the lender may notify the Authorized Representative of the owner's <br />default. Pursuant to Texas Local Government Code Section 399.014(c), the Authorized <br />Representative will initiate steps for City to enforce the assessment lien in the same manner <br />as a property tax lien against real property may be enforced, to the extent the enforcement <br />is consistent with Section 50, Article XVI, of the Texas Constitution. Delinquent <br />installments will incur penalties and interest in the same manner and at the same rate as <br />delinquent property taxes, according to Texas Local Government Code <br />Section 399.014(d), and such statutory penalties and interest will be due to City to offset <br />the cost of collection. <br />In no event will the total amount of interest on the Assessment, including statutory <br />interest payable to City and contractual interest payable to the lender under the financing <br />documents, exceed the maximum amount or rate of nonusurious interest that may be <br />contracted for, charged, or collected under Texas law (the "usury limit"). If the total <br />amount of interest payable to City and the lender exceeds the usury limit, the interest <br />payable to City will be reduced, and any interest in excess of the usury limit will be credited <br />to the amount payable to City or refunded. If City files suit to enforce collection, City may <br />also recover costs and expenses, including attorney's fees, in a suit to collect a delinquent <br />installment of an assessment in the same manner and at the same rate as in suit to collect a <br />delinquent property tax. If a delinquent installment of an assessment is collected after the <br />filing of a suit, City will remit to the lender the net amount of the delinquent installments <br />and contractual interest collected and remit to the Authorized Representative the amount <br />of any administrative fees collected but will retain any statutory penalties, interest, and <br />attorney's fees collected. <br />-12- <br />