COSTS OF COLLECTING, SECURING OR
ATTEMPTING TO COLLECT OR SECURE THIS NOTE, INCLUDING WITHOUT LIMITATION, COURT
COSTS AND ATTORNEYS' FEES, INCLUDING ATTORNEYS' FEES ON ANY APPEAL BY EITHER
BORROWER OR BANK.
IX.
BORROWER'S WAIVERS:
With respect to the amounts due pursuant to this Note, Borrower waives the
following:
(A)
ALL RIGHTS OF EXEMPTION OF PROPERTY FROM
LEVY OR SALE UNDER EXECUTION OR OTHER PROCESS FOR THE COLLECTION OF DEBTS UNDER
THE CONSTITUTION OR LAWS OF THE UNITED STATES OR ANY STATE THEREOF;
(B)
DEMAND, PRESENTMENT, PROTEST, NOTICE OF
DISHONOR, NOTICE OF NONPAYMENT, SUIT AGAINST ANY PARTY, DILIGENCE IN COLLECTION,
AND ALL OTHER REQUIREMENTS NECESSARY TO ENFORCE THIS NOTE; AND
(C)
ANY RECEIPT FOR OR ACKNOWLEDGMENT OF ANY
COLLATERAL NOW OR HEREAFTER GIVEN OR DEPOSITED AS SECURITY FOR THE OBLIGATIONS
HEREUNDER.
X.
WAIVER OF JURY TRIAL:
BORROWER HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY ON ANY CLAIM, COUNTERCLAIM,
SETOFF, DEMAND, ACTION OR CAUSE OF ACTION (A) ARISING OUT OF OR IN ANY WAY
PERTAINING OR RELATING TO THIS NOTE, THE LOAN AGREEMENT, ANY OF THE OTHER LOAN
DOCUMENTS, OR ANY OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED
IN CONNECTION WITH THIS NOTE, OR (B) IN ANY WAY CONNECTED WITH OR PERTAINING OR
RELATED TO OR INCIDENTAL TO ANY DEALING WITH RESPECT TO THIS NOTE, THE LOAN
AGREEMENT, ANY OF THE OTHER LOAN DOCUMENTS, OR ANY OTHER INSTRUMENT, DOCUMENT OR
AGREEMENT EXECUTED OR DELIVERED IN CONNECTION THEREWITH OR IN CONNECTION WITH
THE TRANSACTIONS RELATED THERETO OR CONTEMPLATED THEREBY OR THE EXERCISE OF ANY
RIGHTS AND REMEDIES THEREUNDER, IN ALL OF THE FOREGOING CASES WHETHER NOW
EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT, TORT OR
OTHERWISE.
BORROWER AGREES THAT BANK MAY FILE A COPY OF THIS SECTION
7
WITH ANY COURT AS WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY AND BARGAINED
AGREEMENT OF BORROWER WITH BANK IRREVOCABLY TO WAIVE TRIAL BY JURY, AND THAT ANY
DISPUTE OR CONTROVERSY WHATSOEVER BETWEEN THEM SHALL INSTEAD BE TRIED IN A COURT
OF COMPETENT JURISDICTION BY A JUDGE SITTING WITHOUT A JURY.
BORROWER HEREBY
CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF BANK, INCLUDING BANK'S COUNSEL, HAS
REPRESENTED, EXPRESSLY OR OTHERWISE, THAT BANK WOULD NOT, IN THE EVENT OF SUCH
DISPUTE OR CONTROVERSY, SEEK TO ENFORCE THE PROVISIONS OF THIS SECTION, AND
BORROWER ACKNOWLEDGES THAT BANK HAS, IN PART, BEEN INDUCED TO MAKE THE EXTENSION
OF CREDIT EVIDENCED BY THIS NOTE IN RELIANCE ON THE PROVISIONS OF THIS SECTION.
XI.
APPLICABLE LAW AND CONSENT TO JURISDICTION:
This Note is being held by the Bank in the State of Alabama, and the validity,
interpretation, enforcement and effect of this Note shall be governed by, and
construed according to the laws of, the State of Alabama.
By execution and
delivery of this Note, Borrower expressly and irrevocably assents and submits to
the personal jurisdiction of the state and federal courts presiding in and over
Jefferson County, Alabama, in any legal action or proceeding arising under, out
of, or in any manner relating to this Note or