OF
THIS NOTE IS OMITTED, BORROWER CONSENTS TO BANK INSERTING THE DATE.
MASTER NOTE.
IF THIS NOTE IS DESIGNATED HEREIN AS A MASTER NOTE OR IS DENOTED
ON BANK'S RECORDS AS A MASTER NOTE, THEN THIS NOTE EVIDENCES A LINE OF CREDIT
AND BORROWER SHALL BE LIABLE FOR ONLY SO MUCH OF THE PRINCIPAL AMOUNT AS SHALL
BE EQUAL TO THE TOTAL OF THE AMOUNTS ADVANCED TO OR FOR BORROWER BY BANK FROM
TIME TO TIME, LESS ALL PAYMENTS MADE BY OR FOR BORROWER AND APPLIED BY BANK TO
PRINCIPAL, AND FOR INTEREST ON EACH SUCH ADVANCE, FEES, PREMIUMS, CHARGES AND
COSTS AND EXPENSES INCURRED OR DUE HEREUNDER, ALL AS SHOWN ON BANK'S BOOKS AND
RECORDS WHICH SHALL BE CONCLUSIVE EVIDENCE OF THE AMOUNT OWED BY BORROWER UNDER
THIS NOTE, ABSENT A CLEAR AND CONVINCING SHOWING OF BAD FAITH OR MANIFEST
ERROR.
IF THIS IS A MASTER NOTE, UPON THE OCCURRENCE OF AN EVENT OF DEFAULT OR
THE OCCURRENCE OF AN EVENT WHICH, WITH THE GIVING OF NOTICE OR A LAPSE OF TIME,
OR BOTH, WOULD BECOME AN EVENT OF DEFAULT UNDER THIS NOTE, IN ADDITION TO ITS
OTHER RIGHTS AND REMEDIES, BANK MAY TERMINATE OR SUSPEND BORROWER'S RIGHT TO
RECEIVE ANY FUTURE OR ADDITIONAL ADVANCES UNDER THIS NOTE AND THE OTHER LOAN
DOCUMENTS.
ANTI-MONEY LAUNDERING AND ANTI-TERRORISM. BORROWER REPRESENTS, WARRANTS AND
COVENANTS TO BANK AS FOLLOWS: (1) BORROWER (A) IS NOT AND SHALL NOT BECOME A
PERSON WHOSE PROPERTY OR INTEREST IN PROPERTY IS BLOCKED OR SUBJECT TO BLOCKING
PURSUANT TO SECTION 1 OF EXECUTIVE ORDER 13224 OF SEPTEMBER 23, 2001 BLOCKING
PROPERTY AND PROHIBITING TRANSACTIONS WITH PERSONS WHO COMMIT, THREATEN TO
COMMIT, OR SUPPORT TERRORISM (66 FED. REG. 49079 (2001)), (B) DOES NOT ENGAGE IN
AND SHALL NOT ENGAGE IN ANY DEALINGS OR TRANSACTIONS PROHIBITED BY SECTION 2 OF
SUCH EXECUTIVE ORDER, AND IS NOT AND SHALL NOT OTHERWISE BECOME ASSOCIATED WITH
ANY SUCH PERSON IN ANY MANNER VIOLATIVE OF SECTION 2, (C) IS NOT AND SHALL NOT
BECOME A PERSON ON THE LIST OF SPECIALLY DESIGNATED NATIONALS AND BLOCKED
PERSONS, AND (D) IS NOT AND SHALL NOT BECOME SUBJECT TO THE LIMITATIONS OR
PROHIBITIONS UNDER ANY OTHER U.S. DEPARTMENT OF TREASURY'S OFFICE OF FOREIGN
ASSETS CONTROL REGULATION OR EXECUTIVE ORDER; (2) BORROWER IS AND SHALL REMAIN
IN COMPLIANCE, IN ALL MATERIAL RESPECTS, WITH (A) THE TRADING WITH THE ENEMY
ACT, AS AMENDED, AND EACH OF THE FOREIGN ASSETS CONTROL REGULATIONS OF THE
UNITED STATES TREASURY DEPARTMENT (31 CFR, SUBTITLE B, CHAPTER V, AS AMENDED)
AND ANY OTHER ENABLING LEGISLATION OR EXECUTIVE ORDER RELATING THERETO, AND
(B) THE UNITING AND STRENGTHENING AMERICA BY PROVIDING APPROPRIATE TOOLS
REQUIRED TO INTERCEPT AND OBSTRUCT TERRORISM (USA PATRIOT ACT OF 2001); AND
(3) BORROWER HAS NOT AND SHALL NOT USE ALL OR ANY PART OF THE PROCEEDS, ADVANCES
OR OTHER AMOUNTS OR SUMS EVIDENCED BY THIS NOTE, DIRECTLY OR INDIRECTLY, FOR ANY
PAYMENTS TO ANY GOVERNMENTAL OFFICIAL OR EMPLOYEE, POLITICAL PARTY, OFFICIAL OF
A POLITICAL PARTY, CANDIDATE FOR POLITICAL OFFICE, OR ANYONE