IF THE OBLIGATIONS ARE PAID AND PERFORMED IN FULL PRIOR
TO THE END OF THE FULL CONTEMPLATED TERM THEREOF, AND IF THE INTEREST RECEIVED
FOR THE ACTUAL PERIOD OF EXISTENCE THEREOF EXCEEDS THE MAXIMUM AMOUNT, LENDER
SHALL REFUND TO BORROWER OR SUCH OTHER PERSON LEGALLY ENTITLED THERETO THE
AMOUNT OF SUCH EXCESS OR CREDIT THE AMOUNT OF SUCH EXCESS AGAINST THE TOTAL
PRINCIPAL AMOUNT OF THE OBLIGATIONS OWING, AND, IN SUCH EVENT, LENDER SHALL NOT
BE SUBJECT TO ANY PENALTIES PROVIDED BY ANY LAWS FOR CONTRACTING FOR, CHARGING
OR RECEIVING INTEREST IN EXCESS OF THE MAXIMUM AMOUNT.
THIS SECTION SHALL
CONTROL EVERY OTHER PROVISION OF ALL AGREEMENTS PERTAINING TO THE TRANSACTIONS
CONTEMPLATED BY OR CONTAINED IN THE LOAN DOCUMENTS.
THE PROVISIONS OF THIS
SECTION 9.11 APPLICABLE TO LENDER ARE EQUALLY APPLICABLE TO EACH PARTICIPANT,
ASSIGNEE AND ANY SUBSEQUENT HOLDER.
9.12
EXCEPTION TO COVENANTS.
NO OBLIGOR SHALL BE
DEEMED TO BE PERMITTED TO TAKE ANY ACTION OR FAIL TO TAKE ANY ACTION WHICH IS
PERMITTED AS AN EXCEPTION TO ANY OF THE COVENANTS CONTAINED HEREIN OR WHICH IS
WITHIN THE PERMISSIBLE LIMITS OF ANY OF THE COVENANTS CONTAINED HEREIN IF SUCH
ACTION OR OMISSION WOULD RESULT IN THE BREACH OF ANY OTHER COVENANT CONTAINED
HEREIN.
9.13
USA PATRIOT ACT NOTICE.
LENDER HEREBY NOTIFIES
BORROWER THAT PURSUANT TO THE REQUIREMENTS OF THE USA PATRIOT ACT (TITLE III OF
PUB.L. 107-56 (SIGNED INTO LAW OCTOBER 26, 2001)) (THE "ACT"), LENDER IS
REQUIRED TO OBTAIN, VERIFY AND RECORD INFORMATION THAT IDENTIFIES BORROWER,
WHICH INFORMATION INCLUDES THE NAME AND ADDRESS OF BORROWER AND OTHER
INFORMATION THAT WILL ALLOW LENDER TO IDENTIFY BORROWER IN ACCORDANCE WITH THE
ACT.
9.14
GOVERNING LAW.
THIS AGREEMENT AND THE OTHER LOAN
DOCUMENTS SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE
STATE OF TEXAS; PROVIDED, HOWEVER, IT IS AGREED THAT THE PROVISIONS OF
CHAPTER 346 OF THE TEXAS FINANCE CODE SHALL NOT APPLY TO THE ADVANCE LOANS, THIS
AGREEMENT AND THE OTHER LOAN DOCUMENTS.
THE LOAN DOCUMENTS ARE PERFORMABLE IN
SAN ANTONIO, BEXAR COUNTY, TEXAS, AND BORROWER AND LENDER WAIVE THE RIGHT TO BE
SUED ELSEWHERE.
BORROWER AND LENDER AGREE THAT THE STATE AND FEDERAL COURTS OF
TEXAS LOCATED IN SAN ANTONIO, TEXAS SHALL HAVE JURISDICTION OVER PROCEEDINGS IN
CONNECTION WITH THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS.
49
9.15
WAIVER OF JURY TRIAL.
EACH OF BORROWER AND
LENDER HEREBY KNOWINGLY VOLUNTARILY, IRREVOCABLY AND INTENTIONALLY WAIVE, TO THE
MAXIMUM EXTENT PERMITTED BY LAW, ALL RIGHT TO TRIAL BY JURY IN ANY ACTION,
PROCEEDING OR CLAIM ARISING OUT OF OR RELATED TO ANY OF THE LOAN DOCUMENTS OR
THE TRANSACTIONS CONTEMPLATED THEREBY.
THIS PROVISION IS A MATERIAL INDUCEMENT
TO LENDER ENTERING INTO THIS AGREEMENT AND MAKING ANY ADVANCE LOANS HEREUNDER.
9.16
ENTIRE AGREEMENT.
THIS WRITTEN AGREEMENT,
TOGETHER WITH THE OTHER LOAN DOCUMENTS, REPRESENTS THE FINAL AGREEMENT BETWEEN
THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR
SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES HERETO.
THERE ARE NO UNWRITTEN ORAL
AGREEMENTS BETWEEN THE PARTIES.