constitutes
the full understanding between the parties hereto with respect to the subject
matter hereof, and no statements, written or oral, made prior to or at the
signing hereof shall vary or modify the terms hereof.
Section 6.10
Titles and Headings.
The titles and headings
of the Articles and Sections of this Agreement, which have been inserted for
convenience of reference only and are not to be considered a part hereof, shall
not in any way modify or restrict any of the terms and provisions hereof, and
shall not be considered or given any effect in construing this Agreement or any
provision hereof or in ascertaining intent, if any question of intent should
arise.
Section 6.11
ADVICE OF COUNSEL.
EACH PARTY ACKNOWLEDGES
THAT IT HAS BEEN ADVISED BY ITS OWN ATTORNEY OR HAS HAD AN OPPORTUNITY TO
CONSULT WITH AN ATTORNEY WITH RESPECT TO THE TRANSACTION GOVERNED BY THIS
AGREEMENT.
Section 6.12
WAIVER OF JURY TRIAL.
LENDERS AND BORROWER
HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE
TO TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON, OR ARISING OUT OF,
UNDER OR IN CONNECTION WITH THIS AGREEMENT AND ANY AGREEMENT CONTEMPLATED TO BE
EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING,
STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF EITHER PARTY.
LENDERS
ACKNOWLEDGE THAT THIS WAIVER OF JURY TRIAL IS A MATERIAL INDUCEMENT TO BORROWER
ACCEPTING CREDIT FROM LENDERS, THAT BORROWER WOULD NOT HAVE ACCEPTED SUCH CREDIT
WITHOUT THIS JURY TRIAL WAIVER, AND THAT EACH LENDER HAS BEEN REPRESENTED BY AN
ATTORNEY OR HAS HAD AN OPPORTUNITY TO CONSULT WITH AN ATTORNEY IN CONNECTION
WITH THIS JURY TRIAL WAIVER AND UNDERSTANDS THE LEGAL EFFECT OF THIS WAIVER.
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IN WITNESS WHEREOF, the parties hereto have caused this Loan Agreement to be
duly executed as of the date first set forth herein.
BORROWER:
WILDCAT MINING CORPORATION, a Nevada corporation
By:
/s/ Roger Tichenor
Roger Tichenor
President
LENDERS:
/s/ Anthony Garavuso
Anthony Garavuso
/s/ Luigi Panicola
Luigi Panicola
/s/ Tomasina Panicola
Tomasina Panicola
/s/ Sotirios Darabuka
Sotirios Darabukas
/s/ Szilvia Darabukas
Szilvia Darabukas
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EXHIBIT A
SUBORDINATED SECURED PROMISSORY NOTE
[SEE ATTACHED]
8
EXHIBIT B
DEED OF TRUST
[SEE ATTACHED]
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