on the
original principal indebtedness or may be declared immediately due and payable.
It is contemplated that by reason of prepayments hereon there may be times
when no indebtedness is owing hereunder; but notwithstanding such occurrences,
this Note shall be in full force and effect as advances made pursuant to and
under the terms of this Note subsequent to each occurrence.
In the event that the unpaid principal amount hereof at any time, for any
reason, exceeds the maximum amount hereinabove specified, the Borrower covenants
and agrees to pay the excess principal amount forthwith upon demand; such excess
principal amount shall in all respects be deemed to be included among the
advances made pursuant to the other terms of this Note and shall bear interest
at the rate or rates hereinabove stated.
The Borrower agrees to establish a deposit account with the Lender, which
account will be used for the making of advances of the Loan. The Borrower shall
utilize the Lender as its primary banking relationship.
THE BORROWER HEREBY (I) COVENANTS AND AGREES NOT TO ELECT A TRIAL BY JURY
OF ANY ISSUE TRIABLE OF RIGHT BY A JURY, AND (II) WAIVES ANY RIGHT TO TRIAL BY
JURY FULLY TO THE EXTENT THAT ANY SUCH RIGHT SHALL NOW OR HEREAFTER EXIST. THIS
WAIVER OF RIGHT TO TRIAL BY JURY IS SEPARATELY GIVEN, KNOWINGLY AND VOLUNTARILY,
BY THE BORROWER, AND THIS WAIVER IS INTENDED TO ENCOMPASS
-7-
INDIVIDUALLY EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO A JURY TRIAL
WOULD OTHERWISE ACCRUE. THE LENDER IS HEREBY AUTHORIZED AND REQUESTED TO SUBMIT
THIS NOTE TO ANY COURT HAVING JURISDICTION OVER THE SUBJECT MATTER AND THE
PARTIES HERETO, SO AS TO SERVE AS CONCLUSIVE EVIDENCE OF THE BORROWER'S WAIVER
OF THE RIGHT TO JURY TRIAL. FURTHER, THE BORROWER HEREBY CERTIFIES THAT NO
REPRESENTATIVE OR AGENT OF THE LENDER (INCLUDING THE LENDER'S COUNSEL) HAS
REPRESENTED, EXPRESSLY OR OTHERWISE, TO THE BORROWER THAT THE LENDER WILL NOT
SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION.
THE BORROWER HEREBY IRREVOCABLY CONSTITUTES AND APPOINTS (WHICH APPOINTMENT
SHALL BE DEEMED TO BE COUPLED WITH AN INTEREST) JOHN P. REITER AND/OR LAWRENCE
P. MANN (EITHER OF WHOM MAY ACT ALONE) AS THE BORROWER'S TRUE AND LAWFUL
ATTORNEY IN FACT, TO APPEAR FOR THE BORROWER BEFORE THE CLERK OF THE CIRCUIT
COURT OF THE CITY OF ALEXANDRIA, VIRGINIA, AND AFTER ONE OR MORE DECLARATIONS
FILED, CONFESS JUDGMENT AGAINST THE BORROWER AS OF ANY TIME AFTER ANY SUM IS DUE
HEREUNDER (WHETHER BY DEMAND, STATED MATURITY, ACCELERATION OR OTHERWISE) FOR
THE UNPAID BALANCE OF THIS NOTE AND INTEREST, WITH COURT COSTS, EXPENSES AND
REASONABLE ATTORNEY'S FEES, FOR COLLECTION AND RELEASE OF ALL ERRORS, AND
WITHOUT STAY OF EXECUTION, AND INQUISITION AND EXTENSION UPON ANY LEVY ON REAL
ESTATE IS HEREBY WAIVED AND CONDEMNATION AGREED TO, AND THE EXEMPTION OF
PERSONAL PROPERTY FROM LEVY AND SALE IS ALSO HEREBY EXPRESSLY WAIVED AND NO
BENEFIT OF EXEMPTION SHALL BE CLAIMED UNDER ANY EXEMPTION LAW NOW