AND OBLIGATIONS IN THE NOTES TO ONE OR MORE PURCHASERS WHETHER OR NOT
RELATED TO THE BANK.
8.16
WAIVERS.
ANY PARTY LIABLE ON THE NOTES WAIVES (A)
ANY RIGHT TO RECEIVE NOTICE OF THE FOLLOWING MATTERS BEFORE THE BANK ENFORCES
ANY OF ITS RIGHTS: (I) ANY DEMAND, DILIGENCE, PRESENTMENT, DISHONOR AND PROTEST,
OR (II) ANY ACTION THAT THE BANK TAKES REGARDING ANYONE ELSE, ANY COLLATERAL, OR
ANY OF THE LIABILITIES, THAT IT MIGHT BE ENTITLED TO BY LAW OR UNDER ANY OTHER
AGREEMENT; (B) ANY RIGHT TO REQUIRE THE BANK TO PROCEED AGAINST ANY OTHER
OBLIGOR OR GUARANTOR OF THE LIABILITIES, OR ANY COLLATERAL, OR PURSUE ANY REMEDY
IN THE BANK'S POWER TO PURSUE; (C) ANY DEFENSE BASED ON ANY CLAIM THAT ANY
ENDORSER OR OTHER PARTIES' OBLIGATIONS EXCEED OR ARE MORE BURDENSOME THAN THOSE
OF THE BORROWER; (D) THE BENEFIT OF ANY STATUTE OF LIMITATIONS AFFECTING
LIABILITY OF ANY ENDORSER OR OTHER PARTY LIABLE HEREUNDER OR THE ENFORCEMENT
HEREOF; (E) ANY DEFENSE ARISING BY REASON OF ANY DISABILITY OR OTHER DEFENSE OF
THE BORROWER OR BY REASON OF THE CESSATION FROM ANY CAUSE WHATSOEVER (OTHER THAN
PAYMENT IN FULL) OF THE OBLIGATION OF THE BORROWER FOR THE LIABILITIES; AND (F)
ANY DEFENSE BASED ON OR ARISING OUT OF ANY DEFENSE THAT THE BORROWER MAY HAVE TO
THE PAYMENT OR PERFORMANCE OF THE LIABILITIES OR ANY PORTION THEREOF. ANY PARTY
LIABLE ON THE NOTES CONSENTS TO ANY EXTENSION OR POSTPONEMENT OF TIME OF ITS
PAYMENT WITHOUT LIMIT AS TO THE NUMBER OR PERIOD, TO ANY SUBSTITUTION, EXCHANGE
OR RELEASE OF ALL OR ANY PART OF ANY COLLATERAL, TO THE ADDITION OF ANY OTHER
PARTY, AND TO THE RELEASE OR DISCHARGE OF, OR SUSPENSION OF ANY RIGHTS AND
REMEDIES AGAINST, ANY PERSON WHO MAY BE LIABLE FOR THE PAYMENT OF THE NOTES. THE
BANK MAY WAIVE OR DELAY ENFORCING ANY OF ITS RIGHTS WITHOUT LOSING THEM. ANY
WAIVER AFFECTS ONLY THE SPECIFIC TERMS AND TIME PERIOD STATED IN THE WAIVER. NO
MODIFICATION OR WAIVER OF ANY PROVISION OF THE NOTES IS EFFECTIVE UNLESS IT IS
IN WRITING AND SIGNED BY THE PARTY AGAINST WHOM IT IS BEING ENFORCED. TO THE
EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE BORROWER WAIVES (A) ALL RIGHTS OF
THE BORROWER UNDER RULE 31, TEXAS RULES OF CIVIL PROCEDURE, CHAPTER 34 OF THE
TEXAS BUSINESS AND COMMERCE CODE, AND SECTION 17.001 OF THE TEXAS CIVIL PRACTICE
AND REMEDIES CODE; (B) TO THE EXTENT THE BORROWER IS SUBJECT TO THE TEXAS
REVISED PARTNERSHIP ACT ("TRPA") OR SECTION 152.306 OF THE TEXAS BUSINESS
ORGANIZATIONS CODE ("BOC"), COMPLIANCE BY THE BANK WITH SECTION 3.05(D) OF TRPA
AND SECTION 152.306(B) OF BOC; AND (C) IF THE LIABILITIES ARE SECURED BY AN
INTEREST IN REAL PROPERTY, ALL RIGHTS OF THE BORROWER UNDER SECTIONS 51.003,
51.004, AND 51.005 OF THE TEXAS PROPERTY CODE (AS AMENDED FROM TIME TO TIME).
9.
USA PATRIOT ACT NOTIFICATION.
THE
FOLLOWING NOTIFICATION IS PROVIDED TO BORROWER PURSUANT TO SECTION 326 OF THE
USA PATRIOT ACT OF 2001, 31