A LATER
DATE.
ALL RIGHTS AND REMEDIES OF LENDER SHALL BE CUMULATIVE AND MAY BE PURSUED
SINGLY, SUCCESSIVELY OR TOGETHER, AT THE OPTION OF LENDER.
THE ACCEPTANCE BY
LENDER OF ANY PARTIAL PAYMENT SHALL NOT CONSTITUTE A WAIVER OF ANY DEFAULT OR OF
ANY OF LENDER'S RIGHTS UNDER THIS NOTE.
NO WAIVER OF ANY OF ITS RIGHTS
HEREUNDER, AND NO MODIFICATION OR AMENDMENT OF THIS NOTE, SHALL BE DEEMED TO BE
MADE BY LENDER UNLESS THE SAME SHALL BE IN WRITING, DULY SIGNED ON BEHALF OF
LENDER; EACH SUCH WAIVER SHALL APPLY ONLY WITH RESPECT TO THE SPECIFIC INSTANCE
INVOLVED, AND SHALL IN NO WAY IMPAIR THE RIGHTS OF LENDER OR THE OBLIGATIONS OF
DEBTOR TO LENDER IN ANY OTHER RESPECT AT ANY OTHER TIME.
8.
APPLICABLE LAW, VENUE AND JURISDICTION.
DEBTOR AGREES THAT THIS
NOTE SHALL BE DEEMED TO HAVE BEEN MADE IN THE STATE OF TEXAS AT LENDER'S ADDRESS
INDICATED AT THE BEGINNING OF THIS NOTE AND SHALL BE GOVERNED BY, AND CONSTRUED
IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS AND IS PERFORMABLE IN THE
CITY AND COUNTY OF TEXAS INDICATED AT THE BEGINNING OF THIS NOTE.
IN ANY
LITIGATION IN CONNECTION WITH OR TO ENFORCE THIS NOTE OR ANY INDORSEMENT OR
GUARANTY OF THIS NOTE, DEBTOR IRREVOCABLY CONSENTS TO AND CONFERS PERSONAL
JURISDICTION ON THE COURTS OF THE STATE OF TEXAS OR THE UNITED STATES COURTS
LOCATED WITHIN THE STATE OF TEXAS.
NOTHING CONTAINED HEREIN SHALL, HOWEVER,
PREVENT LENDER FROM BRINGING ANY ACTION OR EXERCISING ANY RIGHTS WITHIN ANY
OTHER STATE OR JURISDICTION OR FROM OBTAINING PERSONAL JURISDICTION BY ANY OTHER
MEANS AVAILABLE UNDER APPLICABLE LAW.
9.
PARTIAL INVALIDITY.
THE UNENFORCEABILITY OR INVALIDITY OF ANY
PROVISION OF THIS NOTE SHALL NOT AFFECT THE ENFORCEABILITY OR VALIDITY OF ANY
OTHER PROVISION HEREIN AND THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION
OF THIS NOTE TO ANY PERSON OR CIRCUMSTANCE SHALL NOT AFFECT THE ENFORCEABILITY
OR VALIDITY OF SUCH PROVISION AS IT MAY APPLY TO OTHER PERSONS OR CIRCUMSTANCES.
10.
BINDING EFFECT.
THIS NOTE SHALL BE BINDING UPON AND INURE TO THE
BENEFIT OF DEBTOR AND LENDER AND THEIR RESPECTIVE SUCCESSORS, ASSIGNS, HEIRS AND
PERSONAL REPRESENTATIVES, PROVIDED, HOWEVER, THAT NO OBLIGATIONS OF DEBTOR
HEREUNDER CAN BE ASSIGNED WITHOUT PRIOR WRITTEN CONSENT OF LENDER.
11.
CONTROLLING DOCUMENT.
TO THE EXTENT THAT THIS NOTE CONFLICTS WITH
OR IS IN ANY WAY INCOMPATIBLE WITH ANY OTHER DOCUMENT RELATED SPECIFICALLY TO
THE LOAN EVIDENCED BY THIS NOTE, THIS NOTE SHALL CONTROL OVER ANY OTHER SUCH
DOCUMENT, AND IF THIS NOTE DOES NOT ADDRESS AN ISSUE, THEN EACH OTHER SUCH
DOCUMENT SHALL CONTROL TO THE EXTENT THAT IT DEALS MOST SPECIFICALLY WITH AN
ISSUE.
12.
COMMERCIAL PURPOSE.
DEBTOR REPRESENTS TO LENDER THAT THE PROCEEDS
OF THIS LOAN ARE TO BE USED PRIMARILY FOR BUSINESS, COMMERCIAL OR AGRICULTURAL
PURPOSES.
DEBTOR ACKNOWLEDGES HAVING READ AND UNDERSTOOD, AND AGREES TO BE
BOUND BY, ALL TERMS AND CONDITIONS OF THIS NOTE.
13.
COLLECTION.
IF THIS NOTE IS PLACED IN THE HANDS OF AN ATTORNEY FOR
COLLECTION,