is sought, and then such
waiver or consent shall be effective only in the specific instance, and for the
purpose, for which given. Except as otherwise expressly provided herein, no
notice to, or demand on, Maker shall entitle Maker to any other or future notice
or demand in the same, similar or other circumstances. Payee does not hereby
agree to, nor does Payee hereby commit itself to, enter into any Modification.
SECTION 5.3
COSTS OF COLLECTION.
Maker agrees to pay all costs and expenses of collection reasonably incurred by
Payee, in addition to principal, interest and Late Charges (including, without
limitation, reasonable attorneys' fees and disbursements) and including all
costs and expenses reasonably incurred in connection with the pursuit by Payee
of any of its rights or remedies referred to in Section 3 hereof or its rights
or remedies referred to in any of the Loan Documents or the protection of or
realization of collateral or in connection with any of Payee's collection
efforts, whether or not suit on this Note, on any of the other Loan Documents or
any foreclosure proceeding is filed, and all such reasonable costs and expenses
shall be payable on demand, together with interest at the Default Rate thereon,
and also shall be secured by the Mortgage and all other collateral at any time
held by Payee as security for Maker's obligations to Payee.
SECTION 5.4
MAXIMUM AMOUNT.
(A)
IT IS THE INTENTION OF MAKER AND PAYEE TO CONFORM STRICTLY TO THE
USURY AND SIMILAR LAWS RELATING TO INTEREST AND THE COLLECTION OF OTHER CHARGES
FROM TIME TO TIME IN FORCE, AND ALL AGREEMENTS BETWEEN MAKER AND PAYEE, WHETHER
NOW EXISTING OR HEREAFTER ARISING AND WHETHER ORAL OR WRITTEN, ARE HEREBY
EXPRESSLY LIMITED SO THAT IN NO CONTINGENCY OR EVENT WHATSOEVER, WHETHER BY
ACCELERATION OF MATURITY HEREOF OR OTHERWISE, SHALL THE AMOUNT PAID OR AGREED TO
BE PAID IN THE AGGREGATE TO PAYEE AS INTEREST OR OTHER CHARGES HEREUNDER OR
UNDER THE OTHER LOAN DOCUMENTS OR IN ANY OTHER SECURITY AGREEMENT GIVEN TO
SECURE THE DEBT, OR IN ANY OTHER DOCUMENT EVIDENCING, SECURING OR PERTAINING TO
THE DEBT, EXCEED THE MAXIMUM AMOUNT PERMISSIBLE UNDER APPLICABLE USURY OR SUCH
OTHER LAWS (THE "MAXIMUM AMOUNT"). IF UNDER ANY CIRCUMSTANCES WHATSOEVER
FULFILLMENT OF ANY PROVISION HEREOF, OR ANY OF THE OTHER LOAN DOCUMENTS, AT THE
TIME PERFORMANCE OF SUCH PROVISION SHALL BE DUE, SHALL INVOLVE TRANSCENDING THE
MAXIMUM AMOUNT, THEN IPSO FACTO, THE OBLIGATION TO BE FULFILLED SHALL BE REDUCED
TO THE
10
MAXIMUM AMOUNT. FOR THE PURPOSES OF CALCULATING THE ACTUAL AMOUNT OF INTEREST OR
OTHER CHARGES PAID AND/OR PAYABLE HEREUNDER, IN RESPECT OF LAWS PERTAINING TO
USURY OR SUCH OTHER LAWS, ALL CHARGES AND OTHER SUMS PAID OR AGREED TO BE PAID
HEREUNDER TO THE HOLDER HEREOF FOR THE USE, FORBEARANCE OR DETENTION OF THE
DEBT, OUTSTANDING FROM TIME TO TIME SHALL, TO THE EXTENT PERMITTED BY APPLICABLE
LAW, BE AMORTIZED, PRORATED, ALLOCATED AND SPREAD FROM THE DATE OF DISBURSEMENT
OF THE PROCEEDS OF THIS