LAW OR IN EQUITY.
B.
ALL OF THE RIGHTS, REMEDIES, POWERS AND
PRIVILEGES (TOGETHER, "RIGHTS") OF LENDER PROVIDED FOR IN THIS NOTE AND IN ANY
OTHER LOAN DOCUMENT ARE CUMULATIVE OF EACH OTHER AND OF ANY AND ALL OTHER RIGHTS
AT LAW OR IN EQUITY.
THE RESORT TO ANY RIGHT SHALL NOT PREVENT THE CONCURRENT
OR SUBSEQUENT EMPLOYMENT OF ANY OTHER APPROPRIATE RIGHT.
NO SINGLE OR PARTIAL
EXERCISE OF ANY RIGHT SHALL EXHAUST IT, OR PRECLUDE ANY OTHER OR FURTHER
EXERCISE THEREOF, AND EVERY RIGHT MAY BE EXERCISED AT ANY TIME AND FROM TIME TO
TIME.
NO FAILURE BY LENDER TO EXERCISE, NOR DELAY IN EXERCISING ANY RIGHT,
INCLUDING BUT NOT LIMITED TO THE RIGHT TO ACCELERATE THE MATURITY OF THIS NOTE,
SHALL BE CONSTRUED AS A WAIVER OF ANY EVENT OF DEFAULT OR AS A WAIVER OF ANY
RIGHT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING PROVISIONS, THE
ACCEPTANCE BY LENDER FROM TIME TO TIME OF ANY PAYMENT UNDER THIS NOTE WHICH IS
PAST DUE OR WHICH IS LESS THAN THE PAYMENT IN FULL OF ALL AMOUNTS DUE AND
PAYABLE AT THE TIME OF SUCH PAYMENT, SHALL NOT (I) CONSTITUTE A WAIVER OF OR
IMPAIR OR EXTINGUISH THE RIGHT OF LENDER TO ACCELERATE THE MATURITY OF THIS NOTE
OR TO EXERCISE ANY OTHER RIGHT AT THE TIME OR AT ANY SUBSEQUENT TIME, OR NULLIFY
ANY PRIOR EXERCISE OF ANY SUCH RIGHT, OR (II) CONSTITUTE A WAIVER OF THE
REQUIREMENT OF PUNCTUAL PAYMENT AND PERFORMANCE OR A NOVATION IN ANY RESPECT.
2
C.
IF ANY HOLDER OF THIS NOTE RETAINS AN
ATTORNEY IN CONNECTION WITH ANY EVENT OF DEFAULT OR AT MATURITY OR TO COLLECT,
ENFORCE OR DEFEND THIS NOTE OR ANY OTHER LOAN DOCUMENT IN ANY LAWSUIT OR IN ANY
PROBATE, REORGANIZATION, BANKRUPTCY, ARBITRATION 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 PRINCIPAL, INTEREST AND ANY OTHER SUMS OWING TO LENDER HEREUNDER AND
UNDER THE OTHER LOAN DOCUMENTS, ALL REASONABLE OUT OF POCKET COSTS AND EXPENSES
INCURRED BY SUCH HOLDER IN TRYING TO COLLECT THIS NOTE OR IN ANY SUCH SUIT OR
PROCEEDING, INCLUDING, WITHOUT LIMITATION, REASONABLE OUT OF POCKET ATTORNEYS'
FEES AND EXPENSES, INVESTIGATION COSTS AND ALL COURT COSTS, WHETHER OR NOT SUIT
IS FILED HEREON, WHETHER BEFORE OR AFTER THE MATURITY DATE, OR WHETHER IN
CONNECTION WITH BANKRUPTCY, INSOLVENCY OR APPEAL, OR WHETHER COLLECTION IS MADE
AGAINST BORROWER OR ANY GUARANTOR OR ENDORSER OR ANY OTHER PERSON PRIMARILY OR
SECONDARILY LIABLE HEREUNDER.
6.
COMMERCIAL PURPOSE.
BORROWER WARRANTS
THAT THE LOAN IS BEING MADE SOLELY FOR THE PURPOSES SET FORTH IN SECTION 1.1 OF
THE LOAN AGREEMENT, AND/OR BORROWER IS A BUSINESS OR COMMERCIAL ORGANIZATION.
BORROWER FURTHER WARRANTS THAT ALL OF THE PROCEEDS OF THIS NOTE SHALL BE USED
FOR COMMERCIAL PURPOSES AND STIPULATES THAT THE LOAN SHALL BE CONSTRUED FOR ALL
PURPOSES AS A COMMERCIAL LOAN, AND IS MADE