Common use of Controlling Agreement Clause in Contracts

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor and Beneficiary at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section shall control every other covenant and agreement in this Deed of Trust and the other Relevant Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes or under any of the other Relevant Documents, or contracted for, charged, taken, reserved, or received with respect to the Obligations, or if Beneficiary's exercise of the option to accelerate the maturity of the Notes, or if any prepayment by Grantor results in Grantor having paid any interest in excess of that permitted by applicable law, then it is Grantor's and Beneficiary's express intent that all excess amounts theretofore collected by Beneficiary shall be credited on the principal balance of the Notes and all other Obligations (or, if the Notes and all other Obligations have been or would thereby be paid in full, refunded to Grantor), and the provisions of the Notes and the other Relevant Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary for the use, forbearance, or detention of the Obligations shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations until payment in full so that the rate or amount of interest on account of the Obligations does not exceed the maximum rate of interest permitted by law from time to time in effect and applicable to the Obligations for so long as the Obligations are outstanding.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Mortgagor and Beneficiary Mortgagee at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Mortgagee to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section shall control every other covenant and agreement in this Deed of Trust Mortgage and the other Relevant Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes or under any of the other Relevant Documents, or contracted for, charged, taken, reserved, or received with respect to the Obligations, or if BeneficiaryMortgagee's exercise of the option to accelerate the maturity of the Notes, or if any prepayment by Grantor Mortgagor results in Grantor Mortgagor having paid any interest in excess of that permitted by applicable law, then it is GrantorMortgagor's and BeneficiaryMortgagee's express intent that all excess amounts theretofore collected by Beneficiary Mortgagee shall be credited on the principal balance of the Notes and all other Obligations (or, if the Notes and all other Obligations have been or would thereby be paid in full, refunded to GrantorMortgagor), and the provisions of the Notes and the other Relevant Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Mortgagee for the use, forbearance, or detention of the Obligations shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations until payment in full so that the rate or amount of interest on account of the Obligations does not exceed the maximum rate of interest permitted by law from time to time in effect and applicable to the Obligations for so long as the Obligations are outstanding.

Controlling Agreement. It is expressly stipulated and agreed The parties hereto intend to be the intent of Grantor and Beneficiary at all times to comply with applicable state law or applicable United States federal law (conform strictly to the extent that it permits Beneficiary to contract forapplicable usury Governmental Requirements. In no event, charge, take, reserve, whether by reason of demand for payment or receive a greater amount acceleration of interest than under state law) and that this Section shall control every other covenant and agreement in this Deed of Trust and the other Relevant Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes or under any of the other Relevant Documents, or contracted for, charged, taken, reserved, or received with respect to the Obligations, or if Beneficiary's exercise of the option to accelerate the maturity of the NotesObligations or otherwise, will the interest contracted for, charged or received by Lender hereunder or otherwise exceed the maximum amount permissible under applicable Governmental Requirements. If, from any circumstance whatsoever, interest would otherwise be payable to Lender in excess of the maximum lawful amount, the interest payable to Lender will be reduced automatically to the maximum amount permitted under applicable Governmental Requirements. If Lender will ever receive anything of value deemed interest under applicable Governmental Requirements which would apart from this provision be in excess of the maximum lawful amount, an amount equal to any amount which would have been excessive interest will be applied to the reduction of the principal amount owing on the Obligations in the inverse order of its maturity and not to the payment of interest, or if any prepayment by Grantor results in Grantor having paid any such amount which would have been excessive interest in excess of that permitted by applicable law, then it is Grantor's and Beneficiary's express intent that all excess amounts theretofore collected by Beneficiary shall be credited on exceeds the unpaid principal balance of the Notes Obligations, such excess will be refunded to Borrower. The interest and all any other Obligations (or, if the Notes and all other Obligations amounts that would have been payable in respect of any portion of the Obligations or would thereby during any period but were not payable as a result of the operation of this Section shall be paid in full, refunded to Grantor), cumulated and the provisions interest and other amounts on any other portion of the Notes and Obligations or periods shall be increased (but not above the other Relevant Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the maximum amount permitted under applicable law, but so as to permit the recovery of the fullest Governmental Requirement) until such cumulated amount otherwise called for hereunder or thereundershall have been received by Lender. All sums interest paid or agreed to be paid to Beneficiary for the use, forbearance, or detention of the Obligations shallLender will, to the extent permitted by applicable lawGovernmental Requirements, be amortized, prorated, allocated, allocated and spread throughout the full stated term (including any renewal or extension) of the Obligations until payment in full such Indebtedness so that the rate or amount of interest on account of the Obligations such Indebtedness does not exceed the maximum rate of interest permitted by law from time to time in effect applicable Governmental Requirements. The provisions of this Section will control all existing and applicable to the Obligations for so long as the Obligations are outstandingfuture agreements between Borrower and Lender.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Borrower and Beneficiary at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section shall control every other covenant and agreement in this Deed of Trust and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if Beneficiary's ’s exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Borrower results in Grantor Borrower having paid any interest in excess of that permitted by applicable law, then it is Grantor's Borrower’s and Beneficiary's ’s express intent that all excess amounts theretofore collected by Beneficiary shall be credited on the principal balance of the Notes Note and all other Obligations Debt (or, if the Notes Note and all other Obligations Debt have been or would thereby be paid in full, refunded to GrantorBorrower), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Beneficiary to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Mortgagor and Beneficiary Mortgagee at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Mortgagee to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section section shall control every other covenant and agreement in this Deed of Trust Mortgage and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if BeneficiaryMortgagee's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Mortgagor results in Grantor Mortgagor having paid any interest in excess of that permitted by applicable law, then it is GrantorMortgagor's and BeneficiaryMortgagee's express intent that all excess amounts theretofore collected by Beneficiary Mortgagee shall be credited on the principal balance of the Notes Note and all other Obligations Debt (or, if the Notes Note and all other Obligations Debt have been or would thereby be paid in full, refunded to GrantorMortgagor), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Mortgagee for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum rate of interest permitted by under applicable law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Mortgagee to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Borrower, and Beneficiary Lender at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Lender to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section paragraph 14 (and the similar paragraph contained in the Note) shall control every other covenant and agreement in this Deed of Trust and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if BeneficiaryLender's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Borrower results in Grantor Borrower having paid any interest in excess of that permitted by applicable law, then it is GrantorBorrower's and BeneficiaryLender's express intent that all excess amounts theretofore collected by Beneficiary Lender shall be credited on the principal balance of the Notes Note and all other Obligations Debt without any resulting prepayment penalty or premium (or, if the Notes Note and all other Obligations Debt have been or would thereby be paid in full, refunded to GrantorBorrower), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Lender for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Borrower and Beneficiary Lender at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Lender to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section shall control every other covenant and agreement in this Deed of Trust Agreement and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if BeneficiaryLender's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Borrower results in Grantor Borrower having paid any interest in excess of that permitted by applicable law, then it is GrantorBorrower's and BeneficiaryLender's express intent that all excess amounts theretofore collected by Beneficiary Lender shall be credited on the principal balance of the Notes Note and all other Obligations Debt (or, if the Notes Note and all other Obligations Debt have been or would thereby be paid in full, refunded to GrantorBorrower), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Lender for the use, forbearance, forbearance or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed The parties intend to be the intent of Grantor and Beneficiary at all times to comply with applicable state law or applicable United States federal law (conform strictly to the extent that it permits Beneficiary applicable usury laws. All agreements between Bank and Borrower (or any other party liable with respect to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section shall control every other covenant and agreement in this Deed of Trust and the other Relevant Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for indebtedness under the Notes Loan Documents) are hereby limited by the provision of this paragraph which shall override and control all such agreements, whether now existing or under hereafter arising and whether written or oral. In no way, nor in any event or contingency (including but not limited to prepayment default, demand for payment or acceleration of the other Relevant Documentsmaturity of any obligation), or shall the interest contracted for, charged, taken, reserved, charged or received with respect under this Master Loan Agreement or otherwise exceed the maximum amount permissible under applicable law. If, from any possible construction of any document interest would otherwise be payable to the Obligations, or if Beneficiary's exercise of the option to accelerate the maturity of the Notes, or if any prepayment by Grantor results in Grantor having paid any interest bank in excess of that permitted by applicable law, then it is Grantor's and Beneficiary's express intent that all excess amounts theretofore collected by Beneficiary the maximum lawful amount any such construction shall be credited on the principal balance of the Notes and all other Obligations (or, if the Notes and all other Obligations have been or would thereby be paid in full, refunded subject to Grantor), and the provisions of the Notes this paragraph and the other Relevant Documents immediately such document shall be deemed automatically reformed and the amounts thereafter collectible hereunder and thereunder reducedinterest payable to Bank shall be automatically reduced to the maximum amount permitted under applicable law, without the necessity of the execution of any amendment or new documents, so document. If Bank shall ever receive anything of value which is characterized as to comply with the interest under applicable law, but so as to permit the recovery law and which would apart from this provisions be in excess of the fullest maximum lawful amount, an amount equal to the amount which would have been excessive interest shall be applied to the reduction of the principal amount owing in the inverse order of its maturity and to the payment of interest, or refunded to Borrower if and to the extent such amount which would have been excessive exceeds unpaid principal. The right to accelerate maturity of any indebtedness does not include the right to accelerate any interest which has not otherwise called for hereunder accrued on the date of such acceleration, and Bank does not intend to charge or thereunderreceive any unearned interest in the event of acceleration. All sums interest paid or agreed to be paid to Beneficiary for the use, forbearance, or detention of the Obligations Bank shall, to the extent permitted by applicable law, be amortized, prorated, allocated, allocated and spread throughout the full stated term (including any renewal or extension) of the Obligations until payment in full such indebtedness so that the rate or amount of interest on account of the Obligations such indebtedness does not exceed the maximum rate of interest permitted by law from time to time in effect and applicable to the Obligations for so long as the Obligations are outstandinglaw.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Mortgagor, Trustee and Beneficiary Mortgagee at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Mortgagee to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section section shall control every other covenant and agreement in this Deed of Trust Mortgage and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if BeneficiaryMortgagee's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Mortgagor results in Grantor Mortgagor having paid any interest in excess of that permitted by applicable law, then it is GrantorMortgagor's, Trustee's and BeneficiaryMortgagee's express intent that all excess amounts theretofore collected by Beneficiary Mortgagee shall be credited on the principal balance of the Notes Note and all other Obligations Debt (or, if the Notes Note and all other Obligations Debt have been or would thereby be paid in full, refunded to GrantorMortgagor), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Mortgagee for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum rate of interest permitted by under applicable law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Trustee and/or Mortgagee to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor and Beneficiary at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section shall control every other covenant and agreement in this Deed of Trust and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if Beneficiary's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor results in Grantor having paid any interest in excess of that permitted by applicable law, then it is Grantor's and Beneficiary's express intent that all excess amounts theretofore collected by Beneficiary shall be credited on the principal balance of the Notes Note and all other Obligations Debt (or, if the Notes Note and all other Obligations Debt have been or would thereby be paid in full, refunded to Grantor), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Beneficiary to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Borrower and Beneficiary Lender at all times to comply strictly with the applicable state Texas law governing the maximum rate or amount of interest payable on the Indebtedness (or applicable United States federal law (to the extent that it permits Beneficiary Lender to contract for, charge, take, reserve, reserve or receive a greater amount of interest than under state Texas law) and that this Section shall control every other covenant and agreement in this Deed of Trust and the other Relevant Documents). If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes or under any of the other Relevant Documents, or (i) contracted for, charged, taken, reserved, reserved or received with respect pursuant to the ObligationsNote, any of the other Loan Documents or if Beneficiaryany other communication or writing by or between Borrower and Lender related to the transaction or transactions that are the subject matter of the Loan Documents; (ii) contracted for, charged, taken, reserved or received by reason of Lender's exercise of the option to accelerate the maturity of the Notes, Note and/or the Loan; or if (iii) Borrower will have paid or Lender will have received by reason of any voluntary prepayment by Grantor results in Grantor having paid any interest in excess Borrower of that permitted by applicable lawthe Indebtedness and/or the Loan, then it is GrantorBorrower's and BeneficiaryLender's express intent that all amounts charged in excess of the Maximum Lawful Rate shall be automatically canceled, ab initio, and all amounts in excess of the Maximum Lawful Rate theretofore collected by Beneficiary Lender shall be credited on the principal balance of the Notes and all other Obligations Indebtedness (or, if the Notes and all other Obligations have Indebtedness has been or would thereby be paid in full, refunded to GrantorBorrower), and the provisions of the Notes Note and the other Relevant Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentsdocument, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Indebtedness has been paid in full before the end of the stated term of the Note, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or thereunderis advised by Borrower that interest was received in an amount in excess of the Maximum Lawful Rate, either refund such excess interest to Borrower and/or credit such excess interest against the Indebtedness then owing by Borrower to Lender. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Indebtedness then owing by Borrower to Lender. All sums paid contracted for, charged, taken, reserved or agreed to be paid to Beneficiary received by Lender for the use, forbearance, forbearance or detention of any debt evidenced by the Obligations Note and/or the Loan shall, to the extent permitted by applicable law, be amortizedamortized or spread, proratedusing the actuarial method, allocated, and spread throughout the full stated term of the Obligations Note and/or the Loan (including any and all renewal and extension periods) until payment in full so that the rate or amount of interest on account of the Obligations Indebtedness does not exceed the maximum rate of interest permitted by law Maximum Lawful Rate from time to time in effect and applicable to the Obligations Indebtedness for so long as debt is outstanding. In no event shall the Obligations are outstandingprovisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Note and/or any of the Indebtedness. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor and Beneficiary at all times to comply with applicable state law or applicable United States federal law (Notwithstanding anything to the extent that it permits Beneficiary contrary in any Loan Document, and subject to contract forSection 10.08, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section shall control every other covenant and agreement in this Deed of Trust and the other Relevant Documents. If parties hereto intend to conform strictly to the applicable law (state usury Governmental Requirements. In no event, whether by reason of demand for payment or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes or under any acceleration of the other Relevant Documents, or contracted for, charged, taken, reserved, or received with respect to the Obligations, or if Beneficiary's exercise of the option to accelerate the maturity of the NotesObligations or otherwise, will the interest contracted for, charged or received by Lender hereunder, or under any other Loan Documents, or otherwise exceed the maximum rate of non-usurious interest permissible under applicable Governmental Requirements (the “Maximum Rate”). If, from any circumstance whatsoever, interest would otherwise be payable to Lender in excess of the Maximum Rate, the interest payable to Lender will be reduced automatically to the Maximum Rate. If Lender will ever receive interest, or anything of value deemed interest under applicable Governmental Requirements, which would apart from this provision be in excess of the Maximum Rate, an amount equal to any amount which would have been excessive interest will be applied to the reduction of the principal amount owing on the Obligations in the inverse order of its maturity and not to the payment of interest, or if any prepayment by Grantor results in Grantor having paid any such amount which would have been excessive interest in excess of that permitted by applicable law, then it is Grantor's and Beneficiary's express intent that all excess amounts theretofore collected by Beneficiary shall be credited on exceeds the unpaid principal balance of the Notes Obligations, such excess will be refunded to Borrower. The interest and all any other Obligations (or, if the Notes and all other Obligations amounts that would have been payable in respect of any portion of the Obligations or would thereby during any period but were not payable as a result of the operation of this Section shall be paid in full, refunded to Grantor), cumulated and the provisions interest and other amounts on any other portion of the Notes and Obligations or periods shall be increased (but not above the other Relevant Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the maximum amount permitted under applicable law, but so as to permit the recovery of the fullest Governmental Requirement) until such cumulated amount otherwise called for hereunder or thereundershall have been received by Lender. All sums interest paid or agreed to be paid to Beneficiary for the use, forbearance, or detention of the Obligations shallLender will, to the extent permitted by applicable lawGovernmental Requirements, be amortized, prorated, allocated, allocated and spread throughout the full stated term (including any renewal or extension) of the Obligations until payment in full such Indebtedness so that the rate or amount of interest on account of the Obligations such Indebtedness does not exceed the maximum rate of interest permitted by law from time to time in effect and applicable to the Obligations for so long as the Obligations are outstandingMaximum Rate.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Borrower and Beneficiary Lender at all times to comply with applicable state Texas law or applicable United States federal law (to the extent that it permits Beneficiary Lender to contract for, charge, take, reserve, or receive a greater amount of interest than under state Texas law) and that this Section section shall control every other covenant and agreement in this Deed of Trust and the other Relevant DocumentsAgreement. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the Obligationsindebtedness ("Indebtedness") evidenced or secured by the Loan Documents, or if BeneficiaryLender's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Borrower results in Grantor Borrower having paid any interest in excess of that permitted by applicable law, then it is GrantorBorrower's and BeneficiaryLender's express intent that all excess amounts theretofore collected by Beneficiary Lender shall be credited on the principal balance of the Notes Note and all other Obligations Indebtedness (or, if the Notes Note and all other Obligations Indebtedness have been or would thereby be paid in full, refunded to GrantorBorrower), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Lender for the use, forbearance, or detention of the Obligations Indebtedness shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Indebtedness until payment in full so that the rate or amount of interest on account of the Obligations Indebtedness does not exceed the maximum rate of interest permitted by law Maximum Lawful Rate (as defined in the Note) from time to time in effect and applicable to the Obligations Indebtedness for so long as the Obligations are Indebtedness is outstanding. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the loan evidenced and/or secured by the Loan Documents. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Borrower and Beneficiary Lender at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Lender to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section shall control every other covenant and agreement in this Deed of Trust Agreement and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if BeneficiaryLender's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Borrower results in Grantor Borrower having paid any interest in excess of that permitted by applicable law, then it is GrantorBorrower's and BeneficiaryLender's express intent that all excess amounts theretofore collected by Beneficiary Lender shall be credited on the principal balance of the Notes Note and all other Obligations Debt (or, if the Notes Note and all other Obligations Debt have been or would thereby be paid in full, refunded to GrantorBorrower), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Lender for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be --------------------- the intent of Grantor Trustor, and Beneficiary at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section 11.36 (and the similar ------------- paragraph contained in the Note) shall control every other covenant and agreement in this Deed of Trust and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsIndebtedness, or if Beneficiary's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Trustor results in Grantor Trustor having paid any interest in excess of that permitted by applicable law, then it is GrantorTrustor's and Beneficiary's express intent that all excess amounts theretofore collected by Beneficiary shall be credited on the principal balance of the Notes Note and all other Obligations Indebtedness (or, if the Notes Note and all other Obligations Indebtedness have been or would thereby be paid in full, refunded to GrantorTrustor), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary for the use, forbearance, or detention of the Obligations Indebtedness shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Indebtedness until payment in full so that the rate or amount of interest on account of the Obligations Indebtedness does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Indebtedness for so long as the Obligations are Indebtedness is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Beneficiary to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of acceleration.

Controlling Agreement. It is expressly stipulated Borrower and agreed Lender intend to be the intent of Grantor and Beneficiary at all times to comply with applicable state law or applicable United States federal law (conform strictly to the extent that it permits Beneficiary applicable usury laws. All agreements between Lender and Borrower (or any other party liable with respect to contract for, charge, take, reserve, or receive a greater amount of interest than any indebtedness under state law) and that this Section shall control every other covenant and agreement in this Deed of Trust Agreement and the other Relevant Loan Documents) are hereby limited by the provisions of this Section which shall override and control all such agreements, whether now existing or hereafter arising and whether written or oral. If the applicable law In no way, nor in any event or contingency (state including but not limited to prepayment, default, demand for payment, or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes or under any acceleration of the other Relevant Documentsmaturity of any obligation), or shall the interest contracted for, charged, taken, reserved, or received with respect under the Notes or otherwise exceed the Maximum Rate. If, from any possible construction of any document, interest would otherwise be payable to the Obligations, or if Beneficiary's exercise of the option to accelerate the maturity of the Notes, or if any prepayment by Grantor results in Grantor having paid any interest Lender in excess of that permitted by applicable lawthe Maximum Rate, then it is Grantor's and Beneficiary's express intent that all excess amounts theretofore collected by Beneficiary any such construction shall be credited on the principal balance of the Notes and all other Obligations (or, if the Notes and all other Obligations have been or would thereby be paid in full, refunded subject to Grantor), and the provisions of the Notes this section and the other Relevant Documents immediately such document shall be deemed automatically reformed and the amounts thereafter collectible hereunder and thereunder reducedinterest payable to Lender shall be automatically reduced to the Maximum Rate, without the necessity of the execution of any amendment or new documents, so document. If Lender shall ever receive anything of value which is characterized as to comply with the interest under applicable law, but so as to permit the recovery law and which would apart from this provision be in excess of the fullest Maximum Rate, an amount equal to the amount which would have been excessive interest shall at the option of Lender, be refunded to Borrower or applied to the reduction of the principal amount owing hereunder in the inverse order of its maturity and not to the payment of interest. The right to accelerate maturity of the Notes or any other indebtedness does not include the right to accelerate any interest which has not otherwise called for hereunder accrued on the date of such acceleration, and Lender does not intend to charge or thereunderreceive any unearned interest in the event of acceleration. All sums interest paid or agreed to be paid to Beneficiary for the use, forbearance, or detention of the Obligations Lender shall, to the extent extend permitted by applicable law, be amortized, prorated, allocated, allocated and spread throughout the full stated term (including any renewal or extension) of the Obligations until payment in full such indebtedness so that the rate or amount of interest on account of the Obligations such indebtedness does not exceed the maximum rate of interest permitted by law from time to time in effect and applicable to the Obligations for so long as the Obligations are outstandingMaximum Rate.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Trustor, and Beneficiary at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section Paragraph 16 shall control every other covenant and agreement in this Deed of Trust and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if Beneficiary's ’s exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Trustor results in Grantor Trustor having paid any interest in excess of that permitted by applicable law, then it is Grantor's Trustor’s and Beneficiary's ’s express intent that all excess amounts theretofore collected by Beneficiary shall be credited on the principal balance of the Notes Note and all other Obligations (or, if the Notes and all other Obligations have been or would thereby be paid in full, refunded to Grantor)Debt, and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Beneficiary to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Trustor, and Beneficiary at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section Paragraph 14 (and the similar paragraph contained in the Note) shall control every other covenant and agreement in this Deed of Trust and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if Beneficiary's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Trustor results in Grantor Trustor having paid any interest in excess of that permitted by applicable law, then it is GrantorTrustor's and Beneficiary's express intent that all excess amounts theretofore collected by Beneficiary shall be credited on the principal balance of the Notes Note and all other Obligations Debt (or, if the Notes Note and all other Obligations Debt have been or would thereby be paid in full, refunded to GrantorTrustor), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Beneficiary to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed The parties hereto intend to be the intent of Grantor and Beneficiary at all times to comply with applicable state law or applicable United States federal law (conform strictly to the extent that it permits Beneficiary to contract for, charge, take, reserve, or receive a greater amount applicable usury laws. All agreements between Mortgagor (and any other party liable for any part of interest than under state lawthe Obligation) and Mortgagee, whether now existing or hereafter arising and whether written or oral, are expressly limited so that this Section shall control every other covenant and agreement in this Deed no event whatsoever, whether by reason of Trust and the other Relevant Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes or under any acceleration of the other Relevant Documents, or contracted for, charged, taken, reserved, or received with respect to the Obligations, or if Beneficiary's exercise of the option to accelerate the maturity of the NotesObligation or otherwise, shall the interest contracted for, charged or received by Mortgagee hereunder or otherwise exceed the maximum amount permissible under applicable law. If from any circumstances whatsoever interest would otherwise be payable to Mortgagee in excess of the maximum lawful amount, the interest payable to Mortgagee shall be reduced automatically to the maximum amount permitted under applicable law. If Mortgagee shall ever receive anything of value deemed interest under applicable law which would apart from this provision be in excess of the maximum lawful amount, the amount which would have been excessive interest shall be applied to the reduction of the principal amount owing on the Obligation in inverse order of maturity and not to the payment of interest, or if any prepayment by Grantor results in Grantor having paid any such amount which would have been excessive interest in excess of that permitted by applicable law, then it is Grantor's and Beneficiary's express intent that all excess amounts theretofore collected by Beneficiary shall be credited on exceeds the unpaid principal balance of the Notes and all other Obligations (orObligation, if the Notes and all other Obligations have been or would thereby such excess shall be paid in full, refunded to Grantor)Mortgagor, and or to the provisions maker of the Notes and the Note or other Relevant Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity evidence of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunderindebtedness if other than Mortgagor. All sums interest paid or agreed to be paid to Beneficiary for the use, forbearance, or detention of the Obligations Mortgagee shall, to the extent permitted by applicable law, be amortized, prorated, allocated, allocated and spread throughout the full stated term term, including any renewal or extension, of the Obligations until payment in full such indebtedness so that the rate or amount of interest on account of the Obligations such indebtedness does not exceed the maximum rate of interest permitted by law from time to time in effect applicable law. The terms and applicable to provisions of this Section shall control and supersede every other provision of all existing and future agreements between Mortgagor, the Obligations for so long as maker of the Obligations are outstandingNote or other evidence of indebtedness if other than Mortgagor, and Mortgagee.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Mortgagor and Beneficiary Mortgagee at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Mortgagee to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section Paragraph 12 shall control every other covenant and agreement in this Deed of Trust Mortgage and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if BeneficiaryMortgagee's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Mortgagor results in Grantor Mortgagor having paid any interest in excess of that permitted by applicable law, then it is GrantorMortgagor's and BeneficiaryMortgagee's express intent that all excess amounts theretofore collected by Beneficiary Mortgagee shall be credited on the principal balance of the Notes Note and all other Obligations Debt (or, if the Notes Note and all other Obligations Debt have been or would thereby be paid in full, refunded to GrantorMortgagor), and the provisions of the Notes Note, this Mortgage and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Mortgagee for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Mortgagee to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Mortgagor and Beneficiary Mortgagee at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Mortgagee to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section section shall control every other covenant and agreement in this Deed of Trust Mortgage and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the Obligations, or if BeneficiaryMortgagee's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Mortgagor results in Grantor Mortgagor having paid any interest in excess of that permitted by applicable law, then it is GrantorMortgagor's and BeneficiaryMortgagee's express intent that all excess amounts theretofore collected by Beneficiary Mortgagee shall be credited on the principal balance of the Notes Note and all other Obligations (or, if the Notes Note and all other Obligations have been or would thereby be paid in full, refunded to GrantorMortgagor), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Mortgagee for the use, forbearance, or detention of the Obligations shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations until payment in full so that the rate or amount of interest on account of the Obligations does not exceed the maximum rate of interest permitted by law from time to time in effect and applicable to the Obligations for so long as the Obligations are outstanding.

Controlling Agreement. It This Loan Agreement has been executed and delivered in, and the Note has been issued in, the State of Texas, and each is expressly stipulated and agreed to be construed in accordance with and governed by the intent laws of Grantor and Beneficiary at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary to contract for, charge, take, reserve, or receive a greater amount State of interest than under state law) and that this Section shall control every other covenant and agreement in this Deed of Trust Texas and the laws of the United Stated of America, as applicable. In the event that any one or more of the provisions contained in the Loan Documents shall, for any reason, be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other Relevant provision of the Loan Documents. If Furthermore, it is the intention of Borrower and Lender to conform strictly to applicable usury laws, as presently in effect. Accordingly, if the transactions contemplated hereby would be usurious under applicable law (state including the laws of the State of Texas and the laws of the United States of America), then notwithstanding anything to the contrary in the Note or federalany other evidence of the indebtedness, or any agreement entered into in connection with or as security for the indebtedness, it is agreed as follows: (i) the aggregate of all consideration which constitutes interest under applicable law that is ever judicially interpreted so as to render usurious any amount called for contracted for, charged or received under the Notes indebtedness or under any of the other Relevant Documents, aforesaid agreements or contracted for, charged, taken, reserved, or received otherwise in connection with respect to the Obligations, or if Beneficiary's exercise indebtedness shall under no circumstances exceed the maximum amount of the option to accelerate the maturity of the Notes, or if any prepayment by Grantor results in Grantor having paid any interest in excess of that permitted by applicable law, then it is Grantor's and Beneficiary's express intent that all any excess amounts theretofore collected by Beneficiary shall be credited on the principal balance of indebtedness by the Notes and all other Obligations holder thereof (or, if the Notes and all other Obligations indebtedness shall have been or would thereby be paid in full, refunded to Grantorthe Borrower), ; and (ii) in the provisions event that the maturity of the Notes and the other Relevant Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity indebtedness is accelerated by reason of an election of the execution holder thereof resulting from any event of default under the Loan Documents or otherwise, or in the event of any new documentsrequired or permitted prepayment, so as to comply with then such consideration that constitutes interest may never include more than the applicable law, but so as to permit the recovery of the fullest maximum amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary for the use, forbearance, or detention of the Obligations shall, to the extent permitted by applicable law, and excess interest, if any, provided for in the Loan Documents or otherwise shall be amortized, prorated, allocated, and spread throughout the full stated term cancelled automatically as of the Obligations until payment date of such acceleration or prepayment and, if theretofore paid, shall be credited on the indebtedness (or, if the indebtedness shall have been paid in full so that the rate or amount of interest on account of the Obligations does not exceed the maximum rate of interest permitted by law from time to time in effect and applicable full, refunded to the Obligations for so long as the Obligations are outstandingBorrower).

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Mortgagor, and Beneficiary Mortgagee at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Mortgagee to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section Paraaraph 16 shall control every other covenant and agreement in this Deed of Trust Mortgage and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if BeneficiaryMortgagee's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Mortgagor results in Grantor Mortgagor having paid any interest in excess of that permitted by applicable law, then it is GrantorMortgagor's and BeneficiaryMortgagee's express intent that all excess amounts theretofore collected by Beneficiary Mortgagee shall be credited on the principal balance of the Notes Note and all other Obligations (or, if the Notes and all other Obligations have been or would thereby be paid in full, refunded to Grantor)Debt, and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed revised and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Mortgagee for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term teiiii of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Mortgagee to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor and Beneficiary at all times The portion intend to comply with applicable state law ? laws. All existing and future agreements regarding the debt evidenced by the Note are hereby limited and controlled by the provisions of this paragraph. In no event (including but not limited to prepayment, default, demand for payment or applicable United States federal law (to acceleration) shall the extent that it permits Beneficiary to contract forinterest taken, chargereceived, take, reserve, or receive a greater amount of interest than under state law) and that this Section shall control every other covenant and agreement in this Deed of Trust and the other Relevant Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes or under any of the other Relevant Documents, or contracted for, charged, taken, reserved, charged or received with respect under the Modified Note or otherwise exceed the Maximum Amount, such document shall be automatically reformed and the interest payable automatically reduced to the ObligationsMaximum Amount, without necessity of execution of any amendment or if Beneficiary's exercise new document. If Lender ever receives interest in an amount which apart from this provision would exceed the Maximum Amount, the excess shall, without penalty, be applied to principal of the option to accelerate the Modified Note in inverse order of maturity of installments or be refunded to the Notes, or if any prepayment by Grantor results in Grantor having paid any interest in excess of that permitted by applicable law, then it is Grantor's and Beneficiary's express intent that all excess amounts theretofore collected by Beneficiary shall be credited on the principal balance of the Notes and all other Obligations (or, payer if the Notes and all other Obligations have been or would thereby be Modified Note is paid in full, refunded . Lender does not intend to Grantor), and the provisions of the Notes and the other Relevant Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder charge or thereunderreceive accrued interest on acceleration. All sums interest paid or agreed to be paid to Beneficiary for the use, forbearance, or detention of the Obligations shall, to the extent permitted by applicable law, shall be amortized, prorated, allocated, and spread throughout the full stated term (including extensions) of the Obligations until payment in full debt so that the rate or amount of interest on account of the Obligations does not exceed the maximum rate of interest permitted by law from time Maximum Amount. By this Agreement all liens, security interest, assignments, superior titles, rights, remedies, powers, ? and priorities securing or providing to time in effect and applicable Lender recourse with respect to the Obligations for so long Note (collectively, the "Liens"), including but not limited to those under the Collateral Document, are hereby modified and confirmed as valid, submitting and continuing to secure and provide to Lender revenues with respect in the Obligations Modified Note. Nothing in this Agreement shall in any manner diminish, impair or extinguish any of the Liens or the Lien Documents or the debt evidenced by the Note or be construed as a ? ? in any respect. The Liens are outstandingnot waived.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Borrower and Beneficiary Lender at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Lender to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section Paragraph 3.B shall control every other covenant and agreement in this Deed of Trust Agreement, the Mortgages and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if BeneficiaryLender's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Borrower results in Grantor Borrower having paid any interest in excess of that permitted by applicable law, then it is GrantorBorrower's and BeneficiaryLender's express intent that all excess amounts theretofore collected by Beneficiary Lender shall be credited on the principal balance of the Notes Note and all other Obligations (or, if the Notes and all other Obligations have been or would thereby be paid in full, refunded to Grantor)Debt, and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Lender for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Mortgagor, Trustee and Beneficiary Mortgagee at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Mortgagee to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section section shall control every other covenant and agreement in this Deed of Trust Mortgage and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if BeneficiaryMortgagee's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Mortgagor results in Grantor Mortgagor having paid any interest in excess of that permitted by applicable law, then it is GrantorMortgagor's, Trustee's and BeneficiaryMortgagee's express intent that all excess amounts theretofore collected by Beneficiary Mortgagee shall be credited on the principal balance of the Notes Note and all other Obligations Debt (or, if the Notes Note and all other Obligations Debt have been or would thereby be paid in full, refunded to GrantorMortgagor), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Mortgagee for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum rate of interest permitted by under applicable law from time to time item in effect and applicable contained herein or in any of the other Loan Documents, it is not the intention of Trustee and/or Mortgagee to accelerate the Obligations for so long as maturity of any interest that has not accrued at the Obligations are outstandingtime of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Mortgagor and Beneficiary Mortgagee at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Mortgagee to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section shall control every other covenant and agreement in this Deed of Trust Mortgage and the other Relevant Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes or under any of the other Relevant Documents, or contracted for, charged, taken, reserved, or received with respect to the Obligations, or if BeneficiaryMortgagee's exercise of the option to accelerate the maturity of the Notes, or if any prepayment by Grantor Mortgagor results in Grantor Mortgagor having paid any interest in excess of that permitted by applicable law, then it is GrantorMortgagor's and BeneficiaryXxxxxxxxx's express intent that all excess amounts theretofore collected by Beneficiary Mortgagee shall be credited on the principal balance of the Notes and all other Obligations (or, if the Notes and all other Obligations have been or would thereby be paid in full, refunded to GrantorMortgagor), and the provisions of the Notes and the other Relevant Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Mortgagee for the use, forbearance, or detention of the Obligations shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations until payment in full so that the rate or amount of interest on account of the Obligations does not exceed the maximum rate of interest permitted by law from time to time in effect and applicable to the Obligations for so long as the Obligations are outstanding.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Borrower, and Beneficiary Lender at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Lender to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section 14 (and the similar provision contained in the Note) shall control every other covenant and agreement in this Deed of Trust Security Instrument and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if Beneficiary's Lender’s exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Borrower results in Grantor Borrower having paid any interest in excess of that permitted by applicable law, then it is Grantor's Borrower’s and Beneficiary's Lender’s express intent that all excess amounts theretofore collected by Beneficiary Lender shall be credited on the principal balance of the Notes Note and all other Obligations Debt (or, if the Notes Note and all other Obligations Debt have been or would thereby be paid in full, refunded to GrantorBorrower), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to AMENDED AND RESTATED MORTGAGE, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT - Page 37 43412-20/Continental Towers comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Lender for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Borrower, and Beneficiary Lender at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Lender to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section 14 (and the similar provision contained in the Note) shall control every other covenant and agreement in this Deed of Trust Security Instrument and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if Beneficiary's Lender’s exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Borrower results in Grantor Borrower having paid any interest in excess of that permitted by applicable law, then it is Grantor's Borrower’s and Beneficiary's Lender’s express intent that all excess amounts theretofore collected by Beneficiary Lender shall be credited on the principal balance of the Notes Note and all other Obligations Debt (or, if the Notes Note and all other Obligations Debt have been or would thereby be paid in full, refunded to GrantorBorrower), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Lender for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Mortgagor and Beneficiary Mortgagee at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Mortgagee to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section shall control every other covenant and agreement in this Deed of Trust Mortgage and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if BeneficiaryMortgagee's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Mortgagor results in Grantor Mortgagor having paid any interest in excess of that permitted by applicable law, then it is GrantorMortgagor's and BeneficiaryMortgagee's express intent that all excess amounts theretofore collected by Beneficiary Mortgagee shall be credited on the principal balance of the Notes Note and all other Obligations Debt (or, if the Notes Note and all other Obligations Debt have been or would thereby be paid in full, refunded to GrantorMortgagor), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Mortgagee for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum rate of interest permitted by under applicable law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Mortgagee to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Borrower, and Beneficiary Lender at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Lender to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section paragraph 14 (and the similar paragraph contained in the Note) shall control every other covenant and agreement in this Deed of Trust and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if Beneficiary's Lender’s exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Borrower results in Grantor Borrower having paid any interest in excess of that permitted by applicable law, then it is Grantor's Borrower’s and Beneficiary's Lender’s express intent that all excess amounts theretofore collected by Beneficiary Lender shall be credited on the principal balance of the Notes Note and all other Obligations Debt without any resulting prepayment penalty or premium (or, if the Notes Note and all other Obligations Debt have been or would thereby be paid in full, refunded to GrantorBorrower), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Lender for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed The parties hereto intend to be the intent of Grantor and Beneficiary at all times to comply with applicable state law or applicable United States federal law (conform strictly to the extent that it permits Beneficiary to contract forapplicable usury Governmental Requirements. In no event, charge, take, reserve, whether by reason of demand for payment or receive a greater amount acceleration of interest than under state law) and that this Section shall control every other covenant and agreement in this Deed of Trust and the other Relevant Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes or under any of the other Relevant Documents, or contracted for, charged, taken, reserved, or received with respect to the Obligations, or if Beneficiary's exercise of the option to accelerate the maturity of the NotesObligations or otherwise, will the interest contracted for, charged or received by Lender hereunder or otherwise exceed the maximum amount permissible under applicable Governmental Requirements. If, from any circumstance whatsoever, interest would otherwise be payable to Lender in excess of the maximum lawful amount, the interest payable to Lender will be reduced automatically to the maximum amount permitted under applicable Governmental Requirements. If Lender will ever receive anything of value deemed interest under applicable Governmental Requirements which would apart from this provision be in excess of the maximum lawful amount, an amount equal to any amount which would have been excessive interest will be applied to the reduction of the principal amount owing on the Obligations in the inverse order of its maturity and not to the payment of interest, or if any prepayment by Grantor results in Grantor having paid any such amount which would have been excessive interest in excess of that permitted by applicable law, then it is Grantor's and Beneficiary's express intent that all excess amounts theretofore collected by Beneficiary shall be credited on exceeds the unpaid principal balance of the Notes Obligations, such excess will be refunded to Borrower. The interest and all any other Obligations (or, if the Notes and all other Obligations amounts that would have been payable in respect of any portion of the Obligations or would thereby during any period but were not payable as a result of the operation of this Section shall be paid in full, refunded to Grantor), cumulated and the provisions interest and other amounts on any other portion of the Notes and Obligations or periods shall be increased (but not above the other Relevant Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the maximum amount permitted under applicable law, but so as to permit the recovery of the fullest Governmental Requirement) until such cumulated amount otherwise called for hereunder or thereundershall have been received by Lender. All sums interest paid or agreed to be paid to Beneficiary for the use, forbearance, or detention of the Obligations shallLender will, to the extent permitted by applicable lawGovernmental Requirements, be amortized, prorated, allocated, allocated and spread throughout the full stated term (including any renewal or extension) of the such Obligations until payment in full so that the rate or amount of interest on account of the such Obligations does not exceed the maximum rate of interest permitted by law from time to time in effect applicable Governmental Requirements. The provisions of this Section will control all existing and applicable to the Obligations for so long as the Obligations are outstandingfuture agreements between Borrower and Lender.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Mortgagor, and Beneficiary Mortgagee at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Mortgagee to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section Paragraph 16 shall control every other covenant and agreement in this Deed of Trust Mortgage and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if BeneficiaryMortgagee's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Mortgagor results in Grantor Mortgagor having paid any interest in excess of that permitted by applicable law, then it is GrantorMortgagor's and BeneficiaryMortgagee's express intent that all excess amounts theretofore collected by Beneficiary Mortgagee shall be credited on the principal balance of the Notes Note and all other Obligations (or, if the Notes and all other Obligations have been or would thereby be paid in full, refunded to Grantor)Debt, and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed revised and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit pei ___ mit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Mortgagee for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Mortgagee to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Mortgagor and Beneficiary Mortgagee at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Mortgagee to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section shall control every other covenant and agreement in this Deed of Trust Mortgage and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if BeneficiaryMortgagee's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Mortgagor results in Grantor Mortgagor having paid any interest in excess of that permitted by applicable law, then it is GrantorMortgagor's and BeneficiaryMortgagee's express intent that all excess amounts theretofore collected by Beneficiary Mortgagee shall be credited on the principal balance of the Notes Note and all other Obligations Debt (or, if the Notes Note and all other Obligations Debt have been or would thereby be paid in full, refunded to GrantorMortgagor), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Mortgagee for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Mortgagee to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Borrower and Beneficiary Lender at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Lender to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section shall control every other covenant and agreement in this Deed of Trust Agreement and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if BeneficiaryLender's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Borrower results in Grantor Borrower having paid any interest in excess of that permitted by applicable law, then it is GrantorBorrower's and BeneficiaryLender's express intent that all excess amounts theretofore collected by Beneficiary Lender shall be credited on the principal balance of the Notes Note and all other Obligations Debt (or, if the Notes Note and all other Obligations Debt have been or would thereby be paid in full, refunded to GrantorBorrower), . and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Lender for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Borrower, and Beneficiary Lender at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Lender to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section Paragraph 16 shall control every other covenant and agreement in this Security Deed of Trust and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if Beneficiary's Xxxxxx’s exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Borrower results in Grantor Borrower having paid any interest in excess of that permitted by applicable law, then it is Grantor's Borrower’s and Beneficiary's Lender’s express intent that all excess amounts theretofore collected by Beneficiary Xxxxxx shall be credited on the principal balance of the Notes Note and all other Obligations (or, if the Notes and all other Obligations have been or would thereby be paid in full, refunded to Grantor)Debt, and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Lender for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Borrower and Beneficiary Lender at all times to comply strictly with the applicable state New York law governing the maximum rate or amount of interest payable on the Indebtedness (or applicable United States federal law (to the extent that it permits Beneficiary Lender to contract for, charge, take, reserve, reserve or receive a greater amount of interest than under state New York law) and that this Section shall control every other covenant and agreement in this Deed of Trust and the other Relevant Documents). If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes or under any of the other Relevant Documents, or (i) contracted for, charged, taken, reserved, reserved or received with respect pursuant to the ObligationsNote, any of the other Loan Documents or if Beneficiary's any other communication or writing by or between Borrower and Lender related to the transaction or transactions that are the subject matter of the Loan Documents; (ii) contracted for, charged, taken, reserved or received by reason of Lender’s exercise of the option to accelerate the maturity of the Notes, Note and/or the Loan; or if (iii) Borrower will have paid or Lender will have received by reason of any voluntary prepayment by Grantor results in Grantor having paid any interest in excess Borrower of that permitted by applicable lawthe Indebtedness and/or the Loan, then it is Grantor's Borrower’s and Beneficiary's Lender’s express intent that all amounts charged in excess of the Maximum Lawful Rate shall be automatically canceled, ab initio, and all amounts in excess of the Maximum Lawful Rate theretofore collected by Beneficiary Lender shall be credited on the principal balance of the Notes and all other Obligations Indebtedness (or, if the Notes and all other Obligations have Indebtedness has been or would thereby be paid in full, refunded to GrantorBorrower), and the provisions of the Notes Note and the other Relevant Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentsdocument, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Indebtedness has been paid in full before the end of the stated term of the Note, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or thereunderis advised by Borrower that interest was received in an amount in excess of the Maximum Lawful Rate, either refund such excess interest to Borrower and/or credit such excess interest against the Indebtedness then owing by Borrower to Lender. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Indebtedness then owing by Borrower to Lender. All sums paid contracted for, charged, taken, reserved or agreed to be paid to Beneficiary received by Lender for the use, forbearance, forbearance or detention of any debt evidenced by the Obligations Note and/or the Loan shall, to the extent permitted by applicable law, be amortizedamortized or spread, proratedusing the actuarial method, allocated, and spread throughout the full stated term of the Obligations Note and/or the Loan (including any and all renewal and extension periods) until payment in full so that the rate or amount of interest on account of the Obligations Indebtedness does not exceed the maximum rate of interest permitted by law Maximum Lawful Rate from time to time in effect and applicable to the Obligations Indebtedness for so long as debt is outstanding. Notwithstanding anything to the Obligations are outstandingcontrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Mortgagor, and Beneficiary Mortgagee at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Mortgagee to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section Paragraph 14 (and the ------------ similar paragraph contained in the Note) shall control every other covenant and agreement in this Deed of Trust Mortgage and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if BeneficiaryMortgagee's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Mortgagor results in Grantor Mortgagor having paid any interest in excess of that permitted by applicable law, then it is GrantorMortgagor's and BeneficiaryMortgagee's express intent that all excess amounts theretofore collected by Beneficiary Mortgagee shall be credited on the principal balance of the Notes Note and all other Obligations Debt (or, if the Notes Note and all other Obligations Debt have been or would thereby be paid in full, refunded to GrantorMortgagor), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Mortgagee for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Mortgagee to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. No provisions of this Note or any instrument securing payment hereof or otherwise relating to the debt evidenced hereby shall require the payment or permit the charging, collection, application or receipt of interest in excess of interest calculated at the Highest Lawful Rate. If any excess of interest in such respect is herein or in any such other instrument provided for, charged, or received, or shall be adjudicated to be so provided for herein or in any such instrument, the provisions of this paragraph shall govern, and neither a Borrower nor any endorsers of this Note nor their respective heirs, personal representatives, successors or assigns shall be obligated to pay the amount of such interest to the extent it is in excess of interest calculated at the Highest Lawful Rate. It is expressly stipulated and agreed to be the intent of Grantor any Borrower and Beneficiary holder to at all times to comply with applicable state law the usury and other laws relating to this Note and the other instruments securing payment hereof now or applicable United States federal law (hereafter in effect, and any subsequent revisions, repeals, or judicial interpretations thereof, to the extent that it permits Beneficiary to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section shall control every other covenant and agreement in this Deed of Trust and the other Relevant Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes or under any of the same are applicable hereto or to the other Relevant Documents, instruments securing payment hereof. In the event Lender or contracted other holder hereof ever contracts for, chargedcharges, takenreceives, reservedcollects or applies as interest any such excess, or received with respect such amount which would be excessive interest shall be applied to the Obligations, or if Beneficiary's exercise reduction of the option to accelerate the maturity unpaid principal balance of the Notesthis Note, or and, if any prepayment by Grantor results in Grantor having paid any interest in excess of that permitted by applicable law, then it is Grantor's and Beneficiary's express intent that all excess amounts theretofore collected by Beneficiary shall be credited on upon such application the principal balance of the Notes and all other Obligations (or, if the Notes and all other Obligations have been or would thereby be this Note is paid in full, refunded any remaining excess shall be forthwith paid to Grantor), a Borrower and the provisions of the Notes this Note and the other Relevant Documents instruments securing payment hereof shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the then applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or and thereunder. All sums In determining whether or not the interest paid or agreed to be paid to Beneficiary for payable under any specific contingency exceeds the useHighest Lawful Rate, forbearance, each Borrower and Lender or detention of the Obligations other holder hereof shall, to the maximum extent permitted by under applicable law, be amortizedamortize, proratedprorate, allocated, allocate and spread the total amount of interest throughout the full stated entire term of the Obligations until payment in full this Note so that the amount or rate of interest contracted for, charged or received for any and all periods of time during the term of this Note is to the greatest extent possible less than the maximum amount or rate of interest allowed to be charged by law during the relevant period of time. Notwithstanding any of the foregoing, if at any time applicable laws shall be changed so as to permit a higher rate or amount of interest on account to be charged than that permitted prior to such change, then unless prohibited by law, references in this Note to "applicable law" for purposes of the Obligations does not exceed determining the maximum interest or rate of interest permitted by law from time which can be charged shall be deemed to time in effect and refer to such applicable laws as so amended to allow the Obligations for so long as the Obligations are outstandinggreater amount or rate of interest.

Controlling Agreement. It is expressly stipulated and agreed The parties hereto intend to be the intent of Grantor and Beneficiary at all times to comply with applicable state law or applicable United States federal law (conform strictly to the extent that it permits Beneficiary to contract for, charge, take, reserve, or receive a greater amount applicable usury laws. All agreements between Grantor (and any other party liable for any part of interest than under state lawthe Obligation) and Beneficiary, whether now existing or hereafter arising and whether written or oral, are expressly limited so that this Section shall control every other covenant and agreement in this Deed no event whatsoever, whether by reason of Trust and the other Relevant Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes or under any acceleration of the other Relevant Documents, or contracted for, charged, taken, reserved, or received with respect to the Obligations, or if Beneficiary's exercise of the option to accelerate the maturity of the NotesObligation or otherwise, shall the interest contracted for, charged or received by Beneficiary hereunder or otherwise exceed the maximum amount permissible under applicable law. If from any circumstances whatsoever interest would otherwise be payable to Beneficiary in excess of the maximum lawful amount, the interest payable to Beneficiary shall be reduced automatically to the maximum amount permitted under applicable law. If Beneficiary shall ever receive anything of value deemed interest under applicable law which would apart from this provision be in excess of the maximum lawful amount, the amount which would have been excessive interest shall be applied to the reduction of the principal amount owing on the Obligation in inverse order of maturity and not to the payment of interest, or if any prepayment by Grantor results in Grantor having paid any such amount which would have been excessive interest in excess of that permitted by applicable law, then it is Grantor's and Beneficiary's express intent that all excess amounts theretofore collected by Beneficiary shall be credited on exceeds the unpaid principal balance of the Notes and all other Obligations (orObligation, if the Notes and all other Obligations have been or would thereby such excess shall be paid in full, refunded to Grantor), and or to the provisions maker of the Notes and the Note or other Relevant Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity evidence of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunderindebtedness if other than Grantor. All sums interest paid or agreed to be paid to Beneficiary for the use, forbearance, or detention of the Obligations shall, to the extent permitted by applicable law, be amortized, prorated, allocated, allocated and spread throughout the full stated term term, including any renewal or extension, of the Obligations until payment in full such indebtedness so that the rate or amount of interest on account of the Obligations such indebtedness does not exceed the maximum rate of interest permitted by law from time to time in effect applicable law. The terms and applicable to provisions of this section shall control and supersede every other provision of all existing and future agreements between Grantor, the Obligations for so long as maker of the Obligations are outstandingNote or other evidence of indebtedness if other than Grantor, and Beneficiary.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Borrower and Beneficiary Lender at all times to comply strictly with the applicable state Texas law governing the maximum rate or amount of interest payable on the Indebtedness and the Related Indebtedness (or applicable United States federal law (to the extent that it permits Beneficiary Lender to contract for, charge, take, reserve, reserve or receive a greater amount of interest than under state Texas law) and that this Section shall control every other covenant and agreement in this Deed of Trust and the other Relevant Documents). If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes or under any of the other Relevant Documents, or (i) contracted for, charged, taken, reserved, reserved or received with respect pursuant to the ObligationsNote, any of the other Loan Documents or if Beneficiaryany other communication or writing by or between Borrower and Lender related to the transaction or transactions that are the subject matter of the Loan Documents; (ii) contracted for, charged, taken, reserved or received by reason of Lender's exercise of the option to accelerate the maturity of the Notes, Note and/or the Related Indebtedness; or if (iii) Borrower will have paid or Lender will have received by reason of any voluntary prepayment by Grantor results in Grantor having paid any interest in excess Borrower of that permitted by applicable lawthe Indebtedness and/or the Related Indebtedness, then it is GrantorBorrower's and BeneficiaryLender's express intent that all amounts charged in excess of the Maximum Lawful Rate shall be automatically canceled, ab initio, and all amounts in excess of the Maximum Lawful Rate theretofore collected by Beneficiary Lender shall be credited on the principal balance of the Notes and all other Obligations Indebtedness and/or the Related Indebtedness (or, if the Notes Indebtedness and all other Obligations Related Indebtedness have been or would thereby be paid in full, refunded to GrantorBorrower), and the provisions of the Notes Note and the other Relevant Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentsdocument, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Indebtedness has been paid in full before the end of the stated term of the Note, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or thereunderis advised by Borrower that interest was received in an amount in excess of the Maximum Lawful Rate, either refund such excess interest to Borrower and/or credit such excess interest against the Indebtedness and/or any Related Indebtedness then owing by Borrower to Lender. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Indebtedness and/or the Related Indebtedness then owing by Borrower to Lender. All sums paid contracted for, charged, taken, reserved or agreed to be paid to Beneficiary received by Lender for the use, forbearance, forbearance or detention of any debt evidenced by the Obligations Note and/or the Related Indebtedness shall, to the extent permitted by applicable law, be amortizedamortized or spread, proratedusing the actuarial method, allocated, and spread throughout the full stated term of the Obligations Note and/or the Related Indebtedness (including any and all renewal and extension periods) until payment in full so that the rate or amount of interest on account of the Obligations Indebtedness and/or the Related Indebtedness does not exceed the maximum rate of interest permitted by law Maximum Lawful Rate from time to time in effect and applicable to the Obligations Indebtedness and/or the Related Indebtedness for so long as debt is outstanding. In no event shall the Obligations are outstandingprovisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Note, the Indebtedness and/or any of the Related Indebtedness. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It This Deed of Trust has been executed and delivered in, and the Note has been issued in, the State of Texas, and each is expressly stipulated and agreed to be construed in accordance with and governed by the intent laws of Grantor the State of Texas and Beneficiary at all times to comply with applicable state law the laws of the United Stated of America, as applicable. In the event that any one or applicable United States federal law (to more of the extent that it permits Beneficiary to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section shall control every other covenant and agreement provisions contained in this Deed of Trust shall, for any reason, be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Deed of Trust. Furthermore, it is the intention of Grantors and Beneficiary to conform strictly to applicable usury laws, as presently in effect. Accordingly, if the other Relevant Documents. If the transactions contemplated hereby would be usurious under applicable law (state including the laws of the State of Texas and the laws of the United States of America), then notwithstanding anything to the contrary in the Note or federalany other evidence of the indebtedness, or any agreement entered into in connection with or as security for the indebtedness, it is agreed as follows: (i) the aggregate of all consideration which constitutes interest under applicable law that is ever judicially interpreted so as to render usurious any amount called for contracted for, charged or received under the Notes indebtedness or under any of the other Relevant Documents, aforesaid agreements or contracted for, charged, taken, reserved, or received otherwise in connection with respect to the Obligations, or if Beneficiary's exercise indebtedness shall under no circumstances exceed the maximum amount of the option to accelerate the maturity of the Notes, or if any prepayment by Grantor results in Grantor having paid any interest in excess of that permitted by applicable law, then it is Grantor's and Beneficiary's express intent that all any excess amounts theretofore collected by Beneficiary shall be credited on the principal balance of indebtedness by the Notes and all other Obligations holder thereof (or, if the Notes and all other Obligations indebtedness shall have been or would thereby be paid in full, refunded to Grantorthe Grantors), ; and (ii) in the provisions event that the maturity of the Notes and the other Relevant Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity indebtedness is accelerated by reason of an election of the execution holder thereof resulting from any event of default under this Deed of Trust or otherwise, or in the event of any new documentsrequired or permitted prepayment, so as to comply with then such consideration that constitutes interest may never include more than the applicable law, but so as to permit the recovery of the fullest maximum amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary for the use, forbearance, or detention of the Obligations shall, to the extent permitted by applicable law, and excess interest, if any, provided for in this Deed of Trust or otherwise shall be amortized, prorated, allocated, and spread throughout the full stated term cancelled automatically as of the Obligations until payment date of such acceleration or prepayment and, if theretofore paid, shall be credited on the indebtedness (or, if the indebtedness shall have been paid in full so that the rate or amount of interest on account of the Obligations does not exceed the maximum rate of interest permitted by law from time to time in effect and applicable full, refunded to the Obligations for so long as the Obligations are outstandingGrantors).

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor and Beneficiary at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section PARAGRAPH 12 shall control every other covenant and agreement in this Deed of Trust and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if Beneficiary's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor results in Grantor having paid any interest in excess of that permitted by applicable law, then it is Grantor's and Beneficiary's express intent that all excess amounts theretofore collected by Beneficiary shall be credited on the principal balance of the Notes Note and all other Obligations Debt (or, if the Notes Note and all other Obligations Debt have been or would thereby be paid in full, refunded to Grantor), and the provisions of the Notes Note, this Deed of Trust and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Beneficiary to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Borrower, and Beneficiary Lender at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Lender to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section 14 (and the similar provision contained in the Note) shall control every other covenant and agreement in this Deed of Trust Security Instrument and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if BeneficiaryLender's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Borrower results in Grantor Borrower having paid any interest in excess of that permitted by applicable law, then it is GrantorBorrower's and BeneficiaryLender's express intent that all excess amounts theretofore collected by Beneficiary Lender shall be credited on the principal balance of the Notes Note and all other Obligations Debt (or, if the Notes Note and all other Obligations Debt have been or would thereby be paid in full, refunded to GrantorBorrower), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Lender for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor and Beneficiary at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary to contract for, charge, take, reserve, reserve or receive a greater amount of interest than under state law) and that this Section Paragraph 13 (with the similar provision contained in the Note) shall control every other covenant and agreement in this Deed of Trust and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Documents, Loan Documents or contracted for, charged, taken, reserved, reserved or received with respect to the ObligationsDebt, or if Beneficiary's exercise of the option to accelerate the maturity of the Notes, Note or if any prepayment by Grantor results in Grantor having paid any interest in excess of that permitted by applicable law, then it is Grantor's and Beneficiary's express intent that all excess amounts theretofore collected by Beneficiary shall be credited on the principal balance of the Notes Note and all other Obligations (or, if the Notes and all other Obligations have been or would thereby be paid in full, refunded to Grantor), Debt and the provisions of the Notes Note, this Deed of Trust and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary for the use, forbearance, forbearance or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, allocated and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding.

Controlling Agreement. It is expressly stipulated and agreed to be --------------------- the intent of Grantor Trustor, and Beneficiary at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section 11.38 (and the similar ------------- paragraph contained in the Note) shall control every other covenant and agreement in this Deed of Trust and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsIndebtedness, or if Beneficiary's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Trustor results in Grantor Trustor having paid any interest in excess of that permitted by applicable law, then it is GrantorTrustor's and Beneficiary's express intent that all excess amounts theretofore collected by Beneficiary shall be credited on the principal balance of the Notes Note and all other Obligations Indebtedness (or, if the Notes Note and all other Obligations Indebtedness have been or would thereby be paid in full, refunded to GrantorTrustor), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary for the use, forbearance, or detention of the Obligations Indebtedness shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Indebtedness until payment in full so that the rate or amount of interest on account of the Obligations Indebtedness does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Indebtedness for so long as the Obligations are Indebtedness is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Beneficiary to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of acceleration.

Controlling Agreement. It is expressly stipulated and agreed The parties hereto intend to be the intent of Grantor and Beneficiary at all times to comply with applicable state law or applicable United States federal law (conform strictly to the extent that it permits Beneficiary to contract for, charge, take, reserve, or receive a greater amount applicable usury laws. All agreements between Grantor (and any other party liable for any part of interest than under state lawthe Obligation) and Beneficiary, whether now existing or hereafter arising and whether written or oral, are expressly limited so that this Section shall control every other covenant and agreement in this Deed no event whatsoever, whether by reason of Trust and the other Relevant Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes or under any acceleration of the other Relevant Documents, or contracted for, charged, taken, reserved, or received with respect to the Obligations, or if Beneficiary's exercise of the option to accelerate the maturity of the NotesObligation or otherwise, shall the interest contracted for, charged or received by Beneficiary hereunder or otherwise exceed the maximum amount permissible under applicable law. If from any circumstances whatsoever interest would otherwise be payable to Beneficiary in excess of the maximum lawful amount, the interest payable to Beneficiary shall be reduced automatically to the maximum amount permitted under applicable law. If Beneficiary shall ever receive anything of value deemed interest under applicable law which would apart from this provision be in excess of the maximum lawful amount, the amount which would have been excessive interest shall be applied to the reduction of the principal amount owing on the Obligation in inverse order of DEED OF TRUST (LONG FORM) 26 Rev. July 2000 maturity and not to the payment of interest, or if any prepayment by Grantor results in Grantor having paid any such amount which would have been excessive interest in excess of that permitted by applicable law, then it is Grantor's and Beneficiary's express intent that all excess amounts theretofore collected by Beneficiary shall be credited on exceeds the unpaid principal balance of the Notes and all other Obligations (orObligation, if the Notes and all other Obligations have been or would thereby such excess shall be paid in full, refunded to Grantor), and or to the provisions maker of the Notes and the Note or other Relevant Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity evidence of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunderindebtedness if other than Grantor. All sums interest paid or agreed to be paid to Beneficiary for the use, forbearance, or detention of the Obligations shall, to the extent permitted by applicable law, be amortized, prorated, allocated, allocated and spread throughout the full stated term term, including any renewal or extension, of the Obligations until payment in full such indebtedness so that the rate or amount of interest on account of the Obligations such indebtedness does not exceed the maximum rate of interest permitted by law from time to time in effect applicable law. The terms and applicable to provisions of this section shall control and supersede every other provision of all existing and future agreements between Grantor, the Obligations for so long as maker of the Obligations are outstandingNote or other evidence of indebtedness if other than Grantor, and Beneficiary.

Controlling Agreement. It This Loan Agreement has been executed and delivered in, and the Note has been issued in, the State of Florida, and each is expressly stipulated and agreed to be construed in accordance with and governed by the intent laws of Grantor and Beneficiary at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary to contract for, charge, take, reserve, or receive a greater amount State of interest than under state law) and that this Section shall control every other covenant and agreement in this Deed of Trust Florida and the laws of the United Stated of America, as applicable. In the event that any one or more of the provisions contained in the Loan Documents shall, for any reason, be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other Relevant provision of the Loan Documents. If Furthermore, it is the intention of Borrower and Lender to conform strictly to applicable usury laws, as presently in effect. Accordingly, if the transactions contemplated hereby would be usurious under applicable law (state including the laws of the State of Florida and the laws of the United States of America), then notwithstanding anything to the contrary in the Note or federalany other evidence of the indebtedness, or any agreement entered into in connection with or as security for the indebtedness, it is agreed as follows: (i) the aggregate of all consideration which constitutes interest under applicable law that is ever judicially interpreted so as to render usurious any amount called for contracted for, charged or received under the Notes indebtedness or under any of the other Relevant Documents, aforesaid agreements or contracted for, charged, taken, reserved, or received otherwise in connection with respect to the Obligations, or if Beneficiary's exercise indebtedness shall under no circumstances exceed the maximum amount of the option to accelerate the maturity of the Notes, or if any prepayment by Grantor results in Grantor having paid any interest in excess of that permitted by applicable law, then it is Grantor's and Beneficiary's express intent that all any excess amounts theretofore collected by Beneficiary shall be credited on the principal balance of indebtedness by the Notes and all other Obligations holder thereof (or, if the Notes and all other Obligations indebtedness shall have been or would thereby be paid in full, refunded to Grantorthe Borrower), ; and (ii) in the provisions event that the maturity of the Notes and the other Relevant Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity indebtedness is accelerated by reason of an election of the execution holder thereof resulting from any event of default under the Loan Documents or otherwise, or in the event of any new documentsrequired or permitted prepayment, so as to comply with then such consideration that constitutes interest may never include more than the applicable law, but so as to permit the recovery of the fullest maximum amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary for the use, forbearance, or detention of the Obligations shall, to the extent permitted by applicable law, and excess interest, if any, provided for in the Loan Documents or otherwise shall be amortized, prorated, allocated, and spread throughout the full stated term cancelled automatically as of the Obligations until payment date of such acceleration or prepayment and, if theretofore paid, shall be credited on the indebtedness (or, if the indebtedness shall have been paid in full so that the rate or amount of interest on account of the Obligations does not exceed the maximum rate of interest permitted by law from time to time in effect and applicable full, refunded to the Obligations for so long as the Obligations are outstandingBorrower).

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Mortgagor and Beneficiary Mortgagee at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Mortgagee to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section Paragraph 17 shall control every other covenant and agreement in this Deed of Trust Mortgage and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if BeneficiaryMortgagee's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Mortgagor results in Grantor Mortgagor having paid any interest interest-in excess of that permitted by applicable law, then it is GrantorMortgagor's and BeneficiaryMortgagee's express intent that all excess amounts theretofore collected by Beneficiary Mortgagee shall be credited on the principal balance of the Notes Note and all other Obligations Debt (or, if the Notes Note and all other Obligations Debt have been or would thereby be paid in full, refunded to GrantorMortgagor), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Mortgagee for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Mortgagee to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated Borrower and agreed each Lender intend to be the intent of Grantor and Beneficiary at all times to comply with applicable state law or applicable United States federal law (conform strictly to the extent that it permits Beneficiary applicable usury laws. All agreements between Lenders and Borrower (or any other party liable with respect to contract for, charge, take, reserve, or receive a greater amount of interest than any indebtedness under state law) and that this Section shall control every other covenant and agreement in this Deed of Trust Agreement and the other Relevant Loan Documents) are hereby limited by the provisions of this Section which shall override and control all such agreements, whether now existing or hereafter arising and whether written or oral. If the applicable law In no way, nor in any event or contingency (state including but not limited to prepayment, default, demand for payment, or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes or under any acceleration of the other Relevant Documentsmaturity of any obligation), or shall the interest contracted for, charged, taken, reserved, or received with respect under the Notes or otherwise exceed the maximum rate permitted by applicable law (the “Maximum Rate”). If, from any possible construction of any document, interest would otherwise be payable to the Obligations, or if Beneficiary's exercise of the option to accelerate the maturity of the Notes, or if any prepayment by Grantor results in Grantor having paid any interest Lender in excess of that permitted by applicable lawthe Maximum Rate, then it is Grantor's and Beneficiary's express intent that all excess amounts theretofore collected by Beneficiary any such construction shall be credited on the principal balance of the Notes and all other Obligations (or, if the Notes and all other Obligations have been or would thereby be paid in full, refunded subject to Grantor), and the provisions of the Notes this section and the other Relevant Documents immediately such document shall be deemed automatically reformed and the amounts thereafter collectible hereunder and thereunder reducedinterest payable to such Lender shall be automatically reduced to the Maximum Rate, without the necessity of the execution of any amendment or new documents, so document. If any Lender shall ever receive anything of value which is characterized as to comply with the interest under applicable law, but so as to permit the recovery law and which would apart from this provision be in excess of the fullest Maximum Rate, an amount equal to the amount which would have been excessive interest shall at the option of such Lender, be refunded to Borrower or applied to the reduction of the principal amount owing hereunder in the inverse order of its maturity and not to the payment of interest. The right to accelerate maturity of the Notes or any other indebtedness does not include the right to accelerate any interest which has not otherwise called for hereunder accrued on the date of such acceleration, and Lenders do not intend to charge or thereunderreceive any unearned interest in the event of acceleration. All sums interest paid or agreed to be paid to Beneficiary for the use, forbearance, or detention of the Obligations any Lender shall, to the extent permitted by applicable law, be amortized, prorated, allocated, allocated and spread throughout the full stated term (including any renewal or extension) of the Obligations until payment in full such indebtedness so that the rate or amount of interest on account of the Obligations such indebtedness does not exceed the maximum rate of interest permitted by law from time to time in effect and applicable to the Obligations for so long as the Obligations are outstandingMaximum Rate.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Mortgagor, and Beneficiary Mortgagee at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Mortgagee to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section Paragraph 14 (and the similar paragraph contained in the Note) shall control every other covenant and agreement in this Deed of Trust Mortgage and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if BeneficiaryMortgagee's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Mortgagor results in Grantor Mortgagor having paid any interest in excess of that permitted by applicable law, then it is GrantorMortgagor's and BeneficiaryMortgagee's express intent that all excess amounts theretofore collected by Beneficiary Mortgagee shall be credited on the principal balance of the Notes Note and all other Obligations Debt (or, if the Notes Note and all other Obligations Debt have been or would thereby be paid in full, refunded to GrantorMortgagor), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Mortgagee for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Mortgagee to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Borrower and Beneficiary Grantee at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Grantee to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section section shall control every other covenant and agreement in this Deed of Trust Security Instrument and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if Beneficiary's Grantee’s exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Borrower results in Grantor Borrower having paid any interest in excess of that permitted by applicable law, then it is Grantor's Borrower’s and Beneficiary's Grantee’s express intent that all excess amounts theretofore collected by Beneficiary Grantee shall be credited on the principal balance of the Notes Note and all other Obligations Debt (or, if the Notes Note and all other Obligations Debt have been or would thereby be paid in full, refunded to GrantorBorrower), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Grantee for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum rate of interest permitted by under applicable law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Grantee to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the ---------------------- intent of Grantor Borrower and Beneficiary Lender at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Lender to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section section shall control every other covenant and agreement in this Deed of Trust Mortgage and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if BeneficiaryLender's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Borrower results in Grantor Borrower having paid any interest in excess of that permitted by applicable law, then it is GrantorBorrower's and BeneficiaryLender's express intent that all excess amounts theretofore collected by Beneficiary Lender shall be credited on the principal balance of the Notes Note and all other Obligations Debt (or, if the Notes Note and all other Obligations Debt have been or would thereby be paid in full, refunded to GrantorBorrower), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Lender for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum rate of interest permitted by under applicable law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Borrower and Beneficiary Lender at all times to comply strictly with the applicable state Texas law governing the maximum rate or amount of interest payable on the Indebtedness (or applicable United States federal law (to the extent that it permits Beneficiary Lender to contract for, charge, take, reserve, reserve or receive a greater amount of interest than under state Texas law) and that this Section shall control every other covenant and agreement in this Deed of Trust and the other Relevant Documents). If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes or under any of the other Relevant Documents, or (i) contracted for, charged, taken, reserved, reserved or received with respect pursuant to the ObligationsNote, any of the other Loan Documents or if Beneficiaryany other communication or writing by or between Borrower and Lender related to the transaction or transactions that are the subject matter of the Loan Documents; (ii) contracted for, charged, taken, reserved or received by reason of Lender's exercise of the option to accelerate the maturity of the Notes, Note and/or the Loan; or if (iii) Borrower will have paid or Lender will have received by reason of any voluntary prepayment by Grantor results in Grantor having paid any interest in excess Borrower of that permitted by applicable lawthe Indebtedness and/or the Loan, then it is GrantorBorrower's and BeneficiaryLender's express intent that all amounts charged in excess of the Maximum Lawful Rate shall be automatically canceled, ab initio, and all amounts in excess of the Maximum Lawful Rate theretofore collected by Beneficiary Lender shall be credited on the principal balance of the Notes and all other Obligations Indebtedness (or, if the Notes and all other Obligations have Indebtedness has been or would thereby be paid in full, refunded to GrantorBorrower), and the provisions of the Notes Note and the other Relevant Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentsdocument, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Indebtedness has been paid in full before the end of the stated term of the Note, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or thereunderis advised by Borrower that interest was received in an amount in excess of the Maximum Lawful Rate, either refund such excess interest to Borrower and/or credit such excess interest against the Indebtedness then owing by Borrower to Lender. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Indebtedness then owing by Borrower to Lender. All sums paid contracted for, charged, taken, reserved or agreed to be paid to Beneficiary received by Lender for the use, forbearance, forbearance or detention of any debt evidenced by the Obligations Note and/or the Loan shall, to the extent permitted by applicable law, be amortizedamortized or spread, proratedusing the actuarial method, allocated, and spread throughout the full stated term of the Obligations Note and/or the Loan (including any and all renewal and extension periods) until payment in full so that the rate or amount of interest on account of the Obligations Indebtedness does not exceed the maximum rate of interest permitted by law Maximum Lawful Rate from time to time in effect and applicable to the Obligations Indebtedness for so long as debt is outstanding. In no event shall the Obligations are outstanding.provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Note and/or any of the Indebtedness. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. LOAN AGREEMENT - Page 41 667404; Miami-Dade County – Florida

Controlling Agreement. It is expressly stipulated Borrower and agreed Lender intend to be the intent of Grantor and Beneficiary at all times to comply with applicable state law or applicable United States federal law (conform strictly to the extent that it permits Beneficiary applicable usury laws. All agreements between Lender and Borrower (or any other party liable with respect to contract for, charge, take, reserve, or receive a greater amount of interest than any indebtedness under state law) and that this Section shall control every other covenant and agreement in this Deed of Trust Agreement and the other Relevant Loan Documents) are hereby limited by the provisions of this Section which shall override and control all such agreements, whether now existing or hereafter arising and whether 44 written or oral. If the applicable law In no way, nor in any event or contingency (state including but not limited to prepayment, default, demand for payment, or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes or under any acceleration of the other Relevant Documentsmaturity of any obligation), or shall the interest contracted for, charged, taken, reserved, or received with respect under the Notes or otherwise exceed the Maximum Rate. If, from any possible construction of any document, interest would otherwise be payable to the Obligations, or if Beneficiary's exercise of the option to accelerate the maturity of the Notes, or if any prepayment by Grantor results in Grantor having paid any interest Lender in excess of that permitted by applicable lawthe Maximum Rate, then it is Grantor's and Beneficiary's express intent that all excess amounts theretofore collected by Beneficiary any such construction shall be credited on the principal balance of the Notes and all other Obligations (or, if the Notes and all other Obligations have been or would thereby be paid in full, refunded subject to Grantor), and the provisions of the Notes this section and the other Relevant Documents immediately such document shall be deemed automatically reformed and the amounts thereafter collectible hereunder and thereunder reducedinterest payable to Lender shall be automatically reduced to the Maximum Rate, without the necessity of the execution of any amendment or new documents, so document. If Lender shall ever receive anything of value which is characterized as to comply with the interest under applicable law, but so as to permit the recovery law and which would apart from this provision be in excess of the fullest Maximum Rate, an amount equal to the amount which would have been excessive interest shall at the option of Lender, be refunded to Borrower or applied to the reduction of the principal amount owing hereunder in the inverse order of its maturity and not to the payment of interest. The right to accelerate maturity of the Notes or any other indebtedness does not include the right to accelerate any interest which has not otherwise called for hereunder accrued on the date of such acceleration, and Lender does not intend to charge or thereunderreceive any unearned interest in the event of acceleration. All sums interest paid or agreed to be paid to Beneficiary for the use, forbearance, or detention of the Obligations Lender shall, to the extent extend permitted by applicable law, be amortized, prorated, allocated, allocated and spread throughout the full stated term (including any renewal or extension) of the Obligations until payment in full such indebtedness so that the rate or amount of interest on account of the Obligations such indebtedness does not exceed the maximum rate of interest permitted by law from time to time in effect and applicable to the Obligations for so long as the Obligations are outstandingMaximum Rate.

Controlling Agreement. It is expressly stipulated Borrower and agreed Lender intend to be the intent of Grantor and Beneficiary at all times to comply with applicable state law or applicable United States federal law (conform strictly to the extent that it permits Beneficiary applicable usury laws. All agreements between Lender and Borrower (or any other party liable with respect to contract for, charge, take, reserve, or receive a greater amount of interest than any indebtedness under state law) and that this Section shall control every other covenant and agreement in this Deed of Trust Agreement and the other Relevant Loan Documents) are hereby limited by the provisions of this Section which shall override and control all such agreements, whether now existing or hereafter arising and whether written or oral. If the applicable law In no way, nor in any event or contingency (state including but not limited to prepayment, default, demand for payment, or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes or under any acceleration of the other Relevant Documentsmaturity of any obligation), or shall the interest contracted for, charged, taken, reserved, or received with respect under the Notes or otherwise exceed the Maximum Rate. If, from any possible construction of any document, interest would otherwise be payable to the Obligations, or if Beneficiary's exercise of the option to accelerate the maturity of the Notes, or if any prepayment by Grantor results in Grantor having paid any interest Lender in excess of that permitted by applicable lawthe Maximum Rate, then it is Grantor's and Beneficiary's express intent that all excess amounts theretofore collected by Beneficiary any such construction shall be credited on the principal balance of the Notes and all other Obligations (or, if the Notes and all other Obligations have been or would thereby be paid in full, refunded subject to Grantor), and the provisions of the Notes this section and the other Relevant Documents immediately such document shall be deemed automatically reformed and the amounts thereafter collectible hereunder and thereunder reducedinterest payable to Lender shall be automatically reduced to the Maximum Rate, without the necessity of the execution of any amendment or new documents, so document. If Lender shall ever receive anything of value which is characterized as to comply with the interest under applicable law, but so as to permit the recovery law and which would apart from this provision be in excess of the fullest Maximum Rate, an amount equal to the amount which would have been excessive interest shall at the option of Lender, be refunded to Borrower or applied to the reduction of the principal amount owing hereunder in the inverse order of its maturity and not to the payment of interest. The right to accelerate maturity of the Notes or any other indebtedness does not include the right to accelerate any interest which has not otherwise called for hereunder accrued on the date of such acceleration, and Lender does not intend to charge or thereunderreceive any unearned interest in the event of acceleration. All sums interest paid or agreed to be paid to Beneficiary for the use, forbearance, or detention of the Obligations Lender shall, to the extent extend permitted by applicable law, be amortized, prorated, allocated, allocated and spread throughout the full stated term (including any renewal or extension) of the Obligations until payment in full such indebtedness so that the rate amount or amount of interest on account of the Obligations such indebtedness does not exceed the maximum rate of interest permitted by law from time to time in effect and applicable to the Obligations for so long as the Obligations are outstandingMaximum Rate.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Mortgagor and Beneficiary Mortgagee at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Mortgagee to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section section shall control every other covenant and agreement in this Deed of Trust Mortgage and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if BeneficiaryMortgagee's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Mortgagor results in Grantor Mortgagor having paid any interest in excess of that permitted by applicable law, then it is GrantorMortgagor's and BeneficiaryMortgagee's express intent that all excess amounts theretofore collected by Beneficiary Mortgagee shall be credited on the principal balance of the Notes Note and all other Obligations Debt (or, if the Notes Note and all other Obligations Debt have been or would thereby be paid in full, refunded to GrantorMortgagor), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Mortgagee for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum rate of interest permitted by under applicable law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of the Mortgagee to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Borrower and Beneficiary Lender at all times to comply with applicable state Texas law or applicable United States federal law (to the extent that it permits Beneficiary Lender to contract for, charge, take, reserve, or receive a greater amount of interest than under state Texas law) and that this Section section shall control every other covenant and agreement in this Deed of Trust and the other Relevant DocumentsAgreement. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsIndebtedness, or if Beneficiary's Lender’s exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Borrower results in Grantor Borrower having paid any interest in excess of that permitted by applicable law, then it is Grantor's Borrower’s and Beneficiary's Lender’s express intent that all excess amounts theretofore collected by Beneficiary Lender shall be credited on the principal balance of the Notes Note and all other Obligations Indebtedness (or, if the Notes Note and all other Obligations Indebtedness have been or would thereby be paid in full, refunded to GrantorBorrower), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Lender for the use, forbearance, or detention of the Obligations Indebtedness shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Indebtedness until payment in full so that the rate or amount of interest on account of the Obligations Indebtedness does not exceed the maximum rate of interest permitted by law Maximum Lawful Rate from time to time in effect and applicable to the Obligations Indebtedness for so long as the Obligations are Indebtedness is outstanding. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving tri-party accounts) apply to the loan evidenced and/or secured by the Loan Documents. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against this Note and/or any other indebtedness then owing by Borrower to Lender. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor and Beneficiary Mortgagor and, Mortgagee at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Mortgagee to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section section shall control every other covenant and agreement in this Deed of Trust Mortgage and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the Obligations, or if BeneficiaryMortgagee's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Mortgagor results in Grantor Mortgagor having paid any interest in excess of that permitted by applicable law, then it is GrantorMortgagor's and BeneficiaryMortgagee's express intent that all excess amounts theretofore collected by Beneficiary Mortgagee shall be credited on the principal balance of the Notes Note and all other Obligations (or, if the Notes Note and all other Obligations have been or would thereby be paid in full, refunded to GrantorMortgagor), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Mortgagee for the use, forbearance, or detention of the Obligations shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations until payment in full so that the rate or amount of interest on account of the Obligations does not exceed the maximum rate of interest permitted by law from time to time in effect and applicable to the Obligations for so long as the Obligations are outstanding.

Controlling Agreement. It is expressly stipulated Borrower and agreed to be the intent of Grantor and Beneficiary Lender intend at all times --------------------- to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Lender to contract for, charge, take, reserve, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other covenant and agreement in this Deed of Trust and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant DocumentsLoan Document, or contracted for, charged, taken, reserved, reserved or received with respect to the ObligationsDebt, or if BeneficiaryLender's exercise of the option to accelerate the maturity of the Notes, or if Loan of any prepayment by Grantor Borrower results in Grantor Borrower having paid any interest in excess of that permitted by applicable law, then it is GrantorBorrower's and BeneficiaryLender's express intent that all excess amounts theretofore collected by Beneficiary Lender shall be credited on against the principal balance of the Notes unpaid Principal and all other Obligations Debt (or, if the Notes and all other Obligations have Debt has been or would thereby be paid in full, refunded to GrantorBorrower), and the provisions of the Notes and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentsdocument, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Lender for the use, forbearance, forbearance or detention of the Obligations Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Loan until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Debt for so long loan as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Grantor, Trustee, and Beneficiary at all times to comply with applicable state New York law or applicable United States federal law (to the extent that it permits Beneficiary to contract for, charge, take, reserve, or receive a greater amount of interest than under state New York law) and that this Section section shall control every other covenant and agreement in this Deed of Trust and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes any Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsIndebtedness, or if Beneficiary's exercise of the option to accelerate the maturity of the Notesany Note, or if any prepayment by Grantor results in Grantor having paid any interest in excess of that permitted by applicable law, then it is Grantor's 's, Trustee's, and Beneficiary's express intent that all excess amounts theretofore collected by Beneficiary shall be credited on the principal balance of the Notes relevant Note and all other Obligations Indebtedness (or, if the Notes and all other Obligations Indebtedness have been or would thereby be paid in full, refunded to Grantor), and the provisions of the Notes and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary for the use, forbearance, or detention of the Obligations Indebtedness shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Indebtedness until payment in full so that the rate or amount of interest on account of the Obligations Indebtedness does not exceed the maximum rate of interest permitted by law Maximum Lawful Rate from time to time in effect and applicable to the Obligations Indebtedness for so long as the Obligations are Indebtedness is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Trustee or Beneficiary to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Mortgagor, and Beneficiary Mortgagee at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Mortgagee to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section Paragraph 16 shall control every other covenant and agreement in this Deed of Trust Mortgage and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if BeneficiaryMortgagee's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Mortgagor results in Grantor Mortgagor having paid any interest in excess of that permitted by applicable law, then it is GrantorMortgagor's and BeneficiaryMortgagee's express intent that all excess amounts theretofore collected by Beneficiary Mortgagee shall be credited on the principal balance of the Notes Note and all other Obligations (or, if the Notes and all other Obligations have been or would thereby be paid in full, refunded to Grantor)Debt, and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed revised and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Mortgagee for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Mortgagee to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Mortgagor and Beneficiary Mortgagee at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Mortgagee to contract for, charge, take, reserve, reserve or receive a greater amount of interest than under state law) and that this Section Paragraph 13 (with the similar provision contained in the Note) shall control every other covenant and agreement in this Deed of Trust Mortgage and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Documents, Loan Documents or contracted for, charged, taken, reserved, reserved or received with respect to the ObligationsDebt, or if BeneficiaryMortgagee's exercise of the option to accelerate the maturity of the Notes, Note or if any prepayment by Grantor Mortgagor results in Grantor Mortgagor having paid any interest in excess of that permitted by applicable law, then it is GrantorMortgagor's and BeneficiaryMortgagee's express intent that all excess amounts theretofore collected by Beneficiary Mortgagee shall be credited on the principal balance of the Notes Note and all other Obligations (or, if the Notes and all other Obligations have been or would thereby be paid in full, refunded to Grantor), Debt and the provisions of the Notes Note, this Mortgage and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Mortgagee for the use, forbearance, forbearance or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, allocated and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding.

Controlling Agreement. It is expressly stipulated and agreed to be --------------------- the intent of Grantor Trustor, and Beneficiary at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section 11.37 (and the similar ------------- paragraph contained in the Note) shall control every other covenant and agreement in this Deed of Trust and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsIndebtedness, or if Beneficiary's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Trustor results in Grantor Trustor having paid any interest in excess of that permitted by applicable law, then it is GrantorTrustor's and Beneficiary's express intent that all excess amounts theretofore collected by Beneficiary shall be credited on the principal balance of the Notes Note and all other Obligations Indebtedness (or, if the Notes Note and all other Obligations Indebtedness have been or would thereby be paid in full, refunded to GrantorTrustor), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary for the use, forbearance, or detention of the Obligations Indebtedness shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Indebtedness until payment in full so that the rate or amount of interest on account of the Obligations Indebtedness does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Indebtedness for so long as the Obligations are Indebtedness is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Beneficiary to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of acceleration.

Controlling Agreement. Borrower agrees to an effective rate of interest that is the rate stated in the Note plus any additional rate of interest resulting from any other charges in the nature of interest paid or to be paid by or on behalf of Borrower, or any benefit received or to be received by Lender, in connection with the Note or any of the other Loan Documents. It is expressly stipulated and agreed to be the intent of Grantor Borrower and Beneficiary Lender at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Lender to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section shall control every other covenant and agreement in this Deed of Trust Agreement and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if BeneficiaryLender's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Borrower results in Grantor Borrower having paid any interest in excess of that permitted by applicable law, then it is GrantorBorrower's and BeneficiaryLender's express intent that all excess amounts theretofore collected by Beneficiary Lender shall be credited on the principal balance of the Notes Note and all other Obligations Debt (or, if the Notes Note and all other Obligations Debt have been or would thereby be paid in full, refunded to GrantorBorrower), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Lender for the use, forbearance, forbearance or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed The parties hereto intend to be the intent of Grantor and Beneficiary at all times to comply with applicable state law or applicable United States federal law (conform strictly to the extent that it permits Beneficiary to contract for, charge, take, reserve, or receive a greater amount applicable usury laws. All agreements between Mortgagor (and any other party liable for any part of interest than under state lawthe Secured Obligations) and Mortgagee, whether now existing or hereafter arising and whether written or oral, are expressly limited so that this Section shall control every other covenant and agreement in this Deed no event whatsoever, whether by reason of Trust and the other Relevant Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes or under any acceleration of the other Relevant Documents, or contracted for, charged, taken, reserved, or received with respect to the Obligations, or if Beneficiary's exercise of the option to accelerate the maturity of the NotesSecured Obligations or otherwise, shall the interest contracted for, charged or received by Mortgagee hereunder or otherwise exceed the maximum amount permissible under applicable law. If from any circumstances whatsoever interest would otherwise be payable to Mortgagee in excess of the maximum lawful amount, the interest payable to Mortgagee shall be reduced automatically to the maximum amount permitted under applicable law. If Mortgagee shall ever receive anything of value deemed interest under applicable law which would apart from this provision be in excess of the maximum lawful amount, the amount which would have been excessive interest shall be applied to the reduction of the principal amount owing on the Secured Obligations in inverse order of maturity and not to the payment of interest, or if any prepayment by Grantor results in Grantor having paid any such amount which would have been excessive interest in excess of that permitted by applicable law, then it is Grantor's and Beneficiary's express intent that all excess amounts theretofore collected by Beneficiary shall be credited on exceeds the unpaid principal balance of the Notes and all other Obligations (orSecured Obligations, if the Notes and all other Obligations have been or would thereby such excess shall be paid in full, refunded to Grantor)Mortgagor, and or to the provisions maker of the Notes and the Note or other Relevant Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity evidence of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunderindebtedness if other than Mortgagor. All sums interest paid or agreed to be paid to Beneficiary for the use, forbearance, or detention of the Obligations Mortgagee shall, to the extent permitted by applicable law, be amortized, prorated, allocated, allocated and spread throughout the full stated term term, including any renewal or extension, of the Obligations until payment in full such indebtedness so that the rate or amount of interest on account of the Obligations such indebtedness does not exceed the maximum rate of interest permitted by law from time to time applicable law. The terms and provisions of this section shall control and supersede every other provision of all existing and future agreements between Mortgagor, the maker of the Note or other evidence of indebtedness if other than Mortgagor, and Mortgagee. THIS MORTGAGE, THE LOAN AGREEMENT, AND THE OTHER LOAN DOCUMENTS EMBODY THE FINAL, ENTIRE AGREEMENT AMONG THE PARTIES HERETO AND SUPERSEDE ANY AND ALL PRIOR COMMITMENTS, AGREEMENTS, REPRESENTATIONS, AND UNDERSTANDINGS, WHETHER WRITTEN OR ORAL, RELATING TO THE SUBJECT MATTER HEREOF AND THEREOF AND MAY NOT BE CONTRADICTED OR VARIED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OR DISCUSSIONS OF THE PARTIES HERETO. THERE ARE NO ORAL AGREEMENTS AMONG THE PARTIES HERETO. The provisions hereof and the other Loan Documents may be amended or waived only by an instrument in effect writing signed by the Mortgagor and applicable to the Obligations for so long as the Obligations are outstandingMortgagee.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Borrower and Beneficiary Lender at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Lender to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section shall control every other covenant and agreement in this Deed of Trust and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if Beneficiary's Lender’s exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Borrower results in Grantor Borrower having paid any interest in excess of that permitted by applicable law, then it is Grantor's Borrower’s and Beneficiary's Lender’s express intent that all excess amounts theretofore collected by Beneficiary Lender shall be credited on the principal balance of the Notes Note and all other Obligations Debt (or, if the Notes Note and all other Obligations Debt have been or would thereby be paid in full, refunded to GrantorBorrower), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Lender for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Owner and Beneficiary Lender at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Lender to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section shall control every other covenant and agreement in this Deed of Trust Agreement and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if BeneficiaryLender's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Borrower results in Grantor Borrower having paid any interest in excess of that permitted by applicable law, then it is GrantorBorrower's and BeneficiaryLender's express intent that all excess amounts theretofore collected by Beneficiary Lender shall be credited on the principal balance of the Notes Note and all other Obligations Debt (or, if the Notes Note and all other Obligations Debt have been or would thereby be paid in full, refunded to GrantorBorrower), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Lender for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Mortgagor and Beneficiary Mortgagee at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Mortgagee to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section PARAGRAPH 12 shall control every other covenant and agreement in this Deed of Trust Mortgage and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if BeneficiaryMortgagee's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Mortgagor results in Grantor Mortgagor having paid any interest in excess of that permitted by applicable law, then it is GrantorMortgagor's and BeneficiaryMortgagee's express intent that all excess amounts theretofore collected by Beneficiary Mortgagee shall be credited on the principal balance of the Notes Note and all other Obligations Debt (or, if the Notes Note and all other Obligations Debt have been or would thereby be paid in full, refunded to GrantorMortgagor), and the provisions of the Notes Note, this Mortgage and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Mortgagee for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum lawful rate of interest permitted by law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Mortgagee to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Borrower and Beneficiary Lender at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Beneficiary Lender to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section section shall control every other covenant and agreement in this Deed of Trust Mortgage and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes Note or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsDebt, or if BeneficiaryLender's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Borrower results in Grantor Borrower having paid any interest in excess of that permitted by applicable law, then it is GrantorBorrower's and BeneficiaryLender's express intent that all excess amounts theretofore collected by Beneficiary Lender shall be credited on the principal balance of the Notes Note and all other Obligations Debt (or, if the Notes Note and all other Obligations Debt have been or would thereby be paid in full, refunded to GrantorBorrower), and the provisions of the Notes Note and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Lender for the use, forbearance, or detention of the Obligations Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Debt until payment in full so that the rate or amount of interest on account of the Obligations Debt does not exceed the maximum rate of interest permitted by under applicable law from time to time in effect and applicable to the Obligations Debt for so long as the Obligations are Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Controlling Agreement. It is expressly stipulated and agreed to be (a) All agreements between each of the intent of Grantor and Beneficiary at all times to comply with applicable state law or applicable United States federal law (to --------------------- Lessor, the extent that it permits Beneficiary to contract forLessee, chargethe Agent, take, reserve, or receive a greater amount of interest than under state law) and that this Section shall control every other covenant and agreement in this Deed of Trust and the other Relevant Documents. If Lenders, whether now existing or hereafter arising and whether written or oral, are hereby limited so that in no contingency, whether by reason of demand or acceleration of the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under maturity of the Notes or under any of otherwise, shall the other Relevant Documents, or interest contracted for, charged, takenreceived, reserved, or received with respect to the Obligations, or if Beneficiary's exercise of the option to accelerate the maturity of the Notes, or if any prepayment by Grantor results in Grantor having paid any interest in excess of that permitted by applicable law, then it is Grantor's and Beneficiary's express intent that all excess amounts theretofore collected by Beneficiary shall be credited on the principal balance of the Notes and all other Obligations (or, if the Notes and all other Obligations have been or would thereby be paid in full, refunded to Grantor), and the provisions of the Notes and the other Relevant Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary for the useLenders or the Lessor exceed the maximum amount permissible under applicable law. If, forbearancefrom any circumstance whatsoever, interest would otherwise be payable to the Lenders or the Lessor in excess of the maximum lawful amount, the interest payable to the Lenders or the Lessor shall be reduced to the maximum amount permitted under applicable law; and if from any circumstance the Lenders or the Lessor shall ever receive anything of value deemed interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive interest shall be applied to the reduction of the principal of the Loans and not to the payment of interest, or detention if such excessive interest exceeds the unpaid balance of principal of the Obligations Loans, such excess shall be refunded to the party paying the same. All interest paid or agreed to be paid to the Lenders or the Lessor shall, to the extent permitted by applicable law, be amortized, prorated, allocated, allocated and spread throughout the full stated term of the Obligations period until payment in full of the principal so that the rate or amount of interest on account of the Obligations does Loans for such full period shall not exceed the maximum rate amount permitted by applicable law. The Lenders and the Lessor hereby expressly disclaim any 29 Participation Agreement intent to contract for, charge or receive interest in an amount which exceeds the maximum amount of interest permitted by law from time to time in effect and applicable law. The Lessee represents to the Obligations for so long as Lenders and the Obligations Lessor that the Loans and the transactions evidenced by the Operative Documents are outstandingnot usurious and agrees that if, at any time, the Lessee shall have reason to believe that the Loans and/or such transactions are in fact usurious, it will give the Agent written notice of such condition and Lenders and the Lessor shall have ninety (90) days in which to make an appropriate refund or other adjustment in order to correct such condition if in fact it exists. This section shall control all other provisions of the Operative Documents.

Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor Borrower, Trustee and Beneficiary Lender at all times to comply with applicable state Texas law or applicable United States federal law (to the extent that it permits Beneficiary Lender to contract for, charge, take, reserve, or receive a greater amount of interest than under state Texas law) and that this Section section shall control every other covenant and agreement in this Deed of Trust and the other Relevant Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Notes or under any of the other Relevant Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the ObligationsIndebtedness, or if BeneficiaryLender's exercise of the option to accelerate the maturity of the NotesNote, or if any prepayment by Grantor Borrower results in Grantor Borrower having paid any interest in excess of that permitted by applicable law, then it is GrantorBorrower's, Trustee's and BeneficiaryLender's express intent that all excess amounts theretofore collected by Beneficiary Lender shall be credited on the principal balance of the Notes Note and all other Obligations Indebtedness (or, if the Notes Note and all other Obligations Indebtedness have been or would thereby be paid in full, refunded to GrantorBorrower), and the provisions of the Notes and the other Relevant Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Beneficiary Lender for the use, forbearance, or detention of the Obligations Indebtedness shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Obligations Indebtedness until payment in full so that the rate or amount of interest on account of the Obligations Indebtedness does not exceed the maximum rate of interest permitted by law Maximum Lawful Rate from time to time in effect and applicable to the Obligations Indebtedness for so long as the Obligations are Indebtedness is outstanding. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the loan evidenced by the Loan Documents and/or secured hereby. Notwithstanding anything to the contrary contained in any of the Loan Documents, it is not the intention of Trustee and/or Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.