NOTICE RELATES TO DEBTOR'S OBLIGATIONS WITH RESPECT TO INSURING THE
COLLATERAL AGAINST DAMAGE.
TO THIS END, DEBTOR MUST DO THE FOLLOWING:
(A)
KEEP THE COLLATERAL INSURED AGAINST DAMAGE
IN THE AMOUNT EQUAL TO THE INDEBTEDNESS OR AS OTHERWISE REQUIRED BY THE LOAN
DOCUMENTS;
(B)
PURCHASE THE INSURANCE FROM AN INSURER THAT
IS AUTHORIZED TO DO BUSINESS IN TEXAS OR AN ELIGIBLE SURPLUS LINES INSURER;
(C)
NAME LENDER THE PERSON TO BE PAID UNDER THE
POLICY IN THE EVENT OF LOSS; AND
(D)
DELIVER TO LENDER A COPY OF THE POLICY AND
PROOF OF THE PAYMENT OF PREMIUMS.
LENDER MAY OBTAIN COLLATERAL PROTECTION INSURANCE ON BEHALF OF DEBTOR AT
DEBTOR'S EXPENSE IF DEBTOR FAILS TO MEET ANY OF THE FOREGOING REQUIREMENTS.
31.
AMENDMENT AND RESTATEMENT.
ON THE CLOSING
DATE, THE ORIGINAL AGREEMENTS SHALL BE AMENDED AND RESTATED IN ITS ENTIRETY BY
THIS AGREEMENT.
THIS AGREEMENT IS NOT IN ANY WAY INTENDED TO CONSTITUTE A
NOVATION OF THE OBLIGATIONS AND LIABILITIES EXISTING UNDER THE ORIGINAL
AGREEMENTS OR EVIDENCE PAYMENT OF ALL OR ANY PORTION OF SUCH OBLIGATIONS AND
LIABILITIES.
THE TERMS AND CONDITIONS OF THIS AGREEMENT AND LENDER'S RIGHTS AND
REMEDIES UNDER THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS SHALL APPLY TO ALL OF
THE INDEBTEDNESS INCURRED UNDER THE ORIGINAL AGREEMENTS.
DEBTOR REAFFIRMS THE
LIENS GRANTED PURSUANT TO THE LOAN DOCUMENTS (AS SUCH TERM IS DEFINED IN THE
ORIGINAL LOAN AGREEMENT, THE "ORIGINAL LOAN DOCUMENTS") TO LENDER, WHICH LIENS
SHALL CONTINUE IN FULL FORCE AND EFFECT DURING THE TERM OF THIS AGREEMENT AND
ANY RENEWALS THEREOF AND SHALL CONTINUE TO SECURE THE INDEBTEDNESS.
ON AND
AFTER THE CLOSING DATE, (A) ALL REFERENCES TO ANY ORIGINAL AGREEMENT IN THE
ORIGINAL LOAN DOCUMENTS (OTHER THAN THIS AGREEMENT) SHALL BE DEEMED TO REFER TO
SUCH ORIGINAL AGREEMENT, AS AMENDED AND RESTATED HEREBY, (B) ALL REFERENCES TO
ANY SECTION (OR SUBSECTION) OF ANY ORIGINAL AGREEMENT IN ANY ORIGINAL LOAN
DOCUMENT (BUT NOT HEREIN) SHALL BE AMENDED TO BECOME, MUTATIS MUTANDIS,
REFERENCES TO THE CORRESPONDING PROVISIONS OF THIS AGREEMENT AND (C) EXCEPT AS
THE CONTEXT OTHERWISE PROVIDES, ON OR AFTER THE CLOSING DATE, ALL REFERENCES TO
THIS AGREEMENT HEREIN (INCLUDING FOR PURPOSES OF INDEMNIFICATION AND
REIMBURSEMENT OF FEES) SHALL BE DEEMED TO BE REFERENCES TO THE ORIGINAL
AGREEMENTS, AS AMENDED AND RESTATED HEREBY.
32.
NOTICE OF FINAL AGREEMENT.
IT IS THE
INTENTION OF DEBTOR AND LENDER THAT THE FOLLOWING NOTICE OF FINAL AGREEMENT BE
INCORPORATED BY REFERENCE INTO EACH OF THE LOAN DOCUMENTS (AS THE SAME MAY BE
AMENDED, MODIFIED OR RESTATED FROM TIME TO TIME).
DEBTOR AND LENDER WARRANT AND
REPRESENT THAT THE ENTIRE AGREEMENT MADE AND EXISTING BY OR AMONG DEBTOR AND
LENDER WITH RESPECT TO THE LOANS IS AND SHALL BE CONTAINED WITHIN THE LOAN
DOCUMENTS, AND THAT NO AGREEMENTS OR PROMISES EXIST OR SHALL EXIST BY OR AMONG,
DEBTOR AND LENDER THAT ARE NOT REFLECTED IN THE LOAN DOCUMENTS.
NOTICE OF FINAL AGREEMENT
THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT
BETWEEN THE PARTIES, AND THE SAME MAY NOT BE