or any other Loan
Document in any lawsuit or in any probate, reorganization, bankruptcy or other
proceeding, or if Borrower sues any holder in connection with this Note or any
other Loan Document and does not prevail, then Borrower agrees to pay to each
such holder, in addition to the principal balance hereof and all interest
hereon, all costs and expenses of collection or incurred by such holder or in
any such suit or proceeding, including, but not limited to, reasonable
attorneys' fees.
Section 4.19
Gender.
All personal pronouns used herein, whether used
in the masculine, feminine or neuter gender, shall include all other genders;
the singular shall include the plural and vice versa.
Section 4.20
Statement of Unpaid Balance.
At any time and from time to
time, Borrower will furnish promptly, upon the request of Lender, a written
statement or affidavit, in form reasonably satisfactory to Lender, stating the
unpaid balance of the indebtedness evidenced by this Note and the Related
Indebtedness and that there are no offsets or defenses against full payment of
the indebtedness evidenced by this Note and the Related Indebtedness and the
terms hereof, or if there are any such offsets or defenses, specifying them.
PROMISSORY NOTE ‐ Page 11
Section 4.21
Entire Agreement.
THIS NOTE AND THE OTHER LOAN DOCUMENTS
CONTAIN THE FINAL, ENTIRE AGREEMENT BETWEEN THE PARTIES HERETO RELATING TO THE
SUBJECT MATTER HEREOF AND THEREOF AND ALL PRIOR AGREEMENTS, WHETHER WRITTEN OR
ORAL, RELATIVE HERETO AND THERETO WHICH ARE NOT CONTAINED HEREIN OR THEREIN ARE
SUPERSEDED AND TERMINATED HEREBY, AND THIS NOTE AND THE OTHER LOAN DOCUMENTS MAY
NOT BE CONTRADICTED OR VARIED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR
SUBSEQUENT ORAL AGREEMENTS OR DISCUSSIONS OF THE PARTIES HERETO.
THERE ARE NO
UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES HERETO.
[Remainder of This Page Intentionally Left Blank.]
PROMISSORY NOTE ‐ Page 12
IN WITNESS WHEREOF, Borrower, intending to be legally bound hereby, has duly
executed this Note as of the day and year first written above.
BORROWER:
HOME SOLUTIONS OF AMERICA, INC.,
a Delaware corporation
By:
Jeff Mattich
Chief Financial Officer
PROMISSORY NOTE ‐ Page 13