PAYABLE HEREUNDER SHALL BE DUE AND PAYABLE ON JULY 1, 2011 (THE
"MATURITY DATE").
PREPAYMENT. THIS NOTE MAY BE PREPAID IN WHOLE, OR IN PART AT ANYTIME WITHOUT ANY
FEE OR PREMIUM.
APPLICATION OF PAYMENTS. ALL PAYMENTS MADE ON THIS NOTE SHALL BE APPLIED FIRST
TO PAYMENT OF ALL LATE FEES, CHARGES, PREMIUMS AND COSTS AND EXPENSES DUE BUT
UNPAID UNDER THIS NOTE, THEN TO ACCRUED BUT UNPAID INTEREST AND FINALLY TO
PRINCIPAL, UNLESS BANK DETERMINES IN ITS SOLE DISCRETION TO APPLY PAYMENTS IN A
DIFFERENT ORDER OR APPLICABLE LAW REQUIRES A DIFFERENT APPLICATION OF PAYMENTS.
PAYMENTS IN FEDERAL FUNDS, IMMEDIATELY AVAILABLE IN THE PLACE DESIGNATED FOR
PAYMENT, RECEIVED BY BANK PRIOR TO 2:00 P.M. LOCAL TIME AT SAID PLACE OF
PAYMENT, SHALL BE CREDITED AS IF RECEIVED PRIOR TO CLOSE OF BUSINESS ON THE DAY
THE FUNDS ARE IMMEDIATELY AVAILABLE; WHILE OTHER PAYMENTS, AT THE OPTION OF
BANK, MAY NOT BE CREDITED UNTIL SUCH PAYMENTS ARE IMMEDIATELY AVAILABLE TO BANK,
IN FEDERAL FUNDS, IN THE PLACE DESIGNATED FOR PAYMENT, PRIOR TO 2:00 P.M. LOCAL
TIME AT SAID PLACE OF PAYMENT ON A DAY ON WHICH BANK IS OPEN FOR BUSINESS.
LOAN AGREEMENT AND SECURITY.
COMMITMENT LETTER.
THE LOAN EVIDENCED BY THIS NOTE WAS MADE PURSUANT TO A
COMMITMENT LETTER ("COMMITMENT LETTER") FROM BANK TO BORROWER DATED JUNE 9,
2006.
LOAN AND SECURITY AGREEMENT. BORROWER, RBC CENTURA BANK, AS COLLATERAL AGENT,
AND BANK AND RBC CENTURA BANK, AS LENDERS, HAVE ENTERED INTO A LOAN AND SECURITY
AGREEMENT, DATED AS OF EVEN DATE HEREWITH (AS AMENDED OR MODIFIED OR RESTATED
FROM TIME TO TIME, THE "LOAN AND SECURITY AGREEMENT"). THIS NOTE IS ALSO SECURED
BY (1) THE SECURITY DOCUMENTS AND OTHER SUPPORTING OBLIGATIONS REFERENCED IN THE
COMMITMENT LETTER AND BY THOSE REFERENCED IN THE LOAN AND SECURITY AGREEMENT,
AND (2) THE SECURITY DOCUMENTS AND OTHER SUPPORTING OBLIGATIONS WHICH REFERENCE
THAT THEY SECURE THIS NOTE ("SECURITY DOCUMENTS").
DEFAULT
LATE CHARGES AND EXPENSES. BORROWER AGREES TO PAY, UPON DEMAND BY BANK, FOR EACH
PAYMENT PAST DUE FOR FIFTEEN (15) OR MORE CALENDAR DAYS, A LATE CHARGE IN AN
AMOUNT EQUAL TO THE LESSER OF (1) FOUR PERCENT (4%) OF THE AMOUNT OF THE PAYMENT
PAST DUE OR (2) THE MAXIMUM PERCENTAGE OF THE PAYMENT PAST DUE PERMITTED BY
APPLICABLE LAW, OR THE MAXIMUM AMOUNT IF NOT EXPRESSED AS A PERCENTAGE. IF THIS
NOTE IS NOT PAID IN FULL WHENEVER IT BECOMES DUE AND PAYABLE, BORROWER AGREES TO
PAY ALL COSTS AND EXPENSES OF COLLECTION, INCLUDING REASONABLE ATTORNEYS' FEES.
THE BORROWER HEREBY STIPULATES THAT REASONABLE ATTORNEYS' FEES SHALL BE FIFTEEN
PERCENT (15%) OF THE OUTSTANDING BALANCE OWING UNDER THIS NOTE AFTER DEFAULT.
DEFAULT. ANY ONE OR MORE OF THE FOLLOWING SHALL CONSTITUTE AN EVENT OF DEFAULT
("EVENT OF DEFAULT") UNDER THIS NOTE: (1) THE FAILURE OF BORROWER TO PAY WHEN
DUE ANY PAYMENT DESCRIBED HEREIN, WHETHER OF PRINCIPAL, INTEREST, FEES, PREMIUMS
OR OTHERWISE; AND (2) THE OCCURRENCE OF ANY "EVENT OF DEFAULT" UNDER AND AS
DEFINED IN THE LOAN AND SECURITY AGREEMENT.
ACCELERATION. UPON