RECORDS OF THE
AMOUNTS BORROWED FROM TIME TO TIME AND ACCRUED AND UNPAID INTEREST ON SUCH SUM
SHALL BE CONCLUSIVE PROOF THEREOF ABSENT MANIFEST ERROR.
LENDER AND DEBTOR
EXPRESSLY AGREE THAT CHAPTER 346 ("CHAPTER 346") OF THE TEXAS FINANCE CODE SHALL
NOT APPLY TO THIS NOTE OR TO ANY ADVANCES UNDER THIS NOTE AND THAT NEITHER THIS
NOTE OR ANY SUCH ADVANCES SHALL BE GOVERNED BY OR SUBJECT TO THE PROVISIONS OF
CHAPTER 346 IN ANY MANNER WHATSOEVER.
5.
DELINQUENCY CHARGE.
TO THE EXTENT PERMITTED BY LAW, A
DELINQUENCY CHARGE WILL BE IMPOSED IN AN AMOUNT NOT TO EXCEED FIVE PERCENT
(5.00%) OF ANY PAYMENT THAT IS MORE THAN TEN (10) DAYS LATE.
6.
WAIVERS, CONSENTS AND COVENANTS.
DEBTOR, ANY ENDORSER OR
GUARANTOR HEREOF, OR ANY OTHER PARTY HERETO (INDIVIDUALLY AN "OBLIGOR" AND
COLLECTIVELY "OBLIGORS") AND EACH OF THEM JOINTLY AND SEVERALLY: (A) WAIVES
PRESENTMENT, DEMAND, PROTEST, NOTICE OF DEMAND, NOTICE OF INTENT TO ACCELERATE,
NOTICE OF ACCELERATION OF MATURITY, NOTICE OF PROTEST, NOTICE OF NONPAYMENT,
NOTICE OF DISHONOR, AND ANY OTHER NOTICE REQUIRED TO BE GIVEN UNDER THE LAW
(EXCEPT NOTICES THAT CANNOT LAWFULLY BE WAIVED) TO ANY OBLIGOR IN CONNECTION
WITH THE DELIVERY, ACCEPTANCE, PERFORMANCE, DEFAULT OR ENFORCEMENT OF THIS NOTE,
ANY ENDORSEMENT OR GUARANTY OF THIS NOTE, OR ANY OTHER DOCUMENTS EXECUTED IN
CONNECTION WITH THIS NOTE OR ANY OTHER LOAN DOCUMENTS NOW OR HEREAFTER EXECUTED
IN CONNECTION WITH ANY OBLIGATION OF DEBTOR TO LENDER; AND (B) AGREES TO PAY, ON
DEMAND, ALL COSTS AND EXPENSES OF COLLECTION OR DEFENSE OF THIS NOTE OR OF ANY
ENDORSEMENT OR GUARANTY HEREOF AND/OR THE ENFORCEMENT OR DEFENSE OF LENDER'S
RIGHTS WITH RESPECT TO, OR THE ADMINISTRATION, SUPERVISION, PRESERVATION, OR
PROTECTION OF, OR REALIZATION UPON, ANY PROPERTY SECURING PAYMENT HEREOF,
INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, INCLUDING FEES
RELATED TO ANY SUIT, MEDIATION OR ARBITRATION
2
PROCEEDING, OUT OF COURT PAYMENT AGREEMENT, TRIAL, APPEAL, BANKRUPTCY
PROCEEDINGS OR OTHER PROCEEDING, IN SUCH AMOUNT AS MAY BE DETERMINED REASONABLE
BY ANY ARBITRATOR OR COURT, WHICHEVER IS APPLICABLE.
EACH OBLIGOR OTHER THAN
DEBTOR (A) CONSENTS TO ALL DELAYS, EXTENSIONS, RENEWALS OR OTHER MODIFICATIONS
OF THIS NOTE OR THE LOAN DOCUMENTS, OR WAIVERS OF ANY TERM HEREOF OR OF THE LOAN
DOCUMENTS, OR RELEASE OR DISCHARGE BY LENDER OF ANY OF OBLIGORS, OR RELEASE,
SUBSTITUTION OR EXCHANGE OF ANY SECURITY FOR THE PAYMENT HEREOF, OR THE FAILURE
TO ACT ON THE PART OF LENDER, OR ANY INDULGENCE SHOWN BY LENDER (WITHOUT NOTICE
TO OR FURTHER ASSENT FROM ANY OF OBLIGORS); AND (B) AGREES THAT NO SUCH ACTION,
FAILURE TO ACT OR FAILURE TO EXERCISE ANY RIGHT OR REMEDY BY LENDER SHALL IN ANY
WAY AFFECT OR IMPAIR THE OBLIGATIONS OF ANY OBLIGORS OR BE CONSTRUED AS A WAIVER
BY LENDER OF, OR OTHERWISE AFFECT, ANY OF LENDER'S RIGHTS UNDER THIS NOTE, UNDER
ANY ENDORSEMENT OR GUARANTY OF THIS NOTE OR UNDER ANY OF THE LOAN DOCUMENTS.
7.
PREPAYMENTS.
PREPAYMENTS MAY BE MADE IN WHOLE OR IN PART AT ANY
TIME IN WHOLE OR