Common use of Limit of Validity Clause in Contracts

Limit of Validity. The provisions of this Note are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the maturity of this Note or otherwise, shall the amount paid, or agreed to be paid to Holder for the use, forbearance or retention of money under this Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Maker and Holder shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then ipso facto the obligation to be performed or fulfilled shall be reduced to such limit and if, from any circumstance whatsoever, Holder 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 amount owing under this Note (whether or not then due) or at the option of Holder be paid over to Maker, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Holder shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full period until payment in full of the principal amount of this Note so that the Interest thereof for such full period will not exceed the maximum amount permitted by applicable law.

Limit of Validity. The provisions of this Note and of all agreements between Borrower and Lender, whether now existing or hereafter arising and whether written or oral, including, but not limited to, the Loan Documents, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the maturity of this Note or otherwise, shall the amount paidcontracted for, charged, taken, reserved, paid or agreed to be paid (“Interest”) to Holder Lender for the use, forbearance or retention detention of the money loaned under this Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Maker Borrower and Holder Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then then, ipso facto facto, the obligation to be performed or fulfilled shall be reduced to such limit limit, and if, from any circumstance whatsoever, Holder Lender 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 amount balance owing under this Note in the inverse order of its maturity (whether or not then due) or or, at the option of Holder Lender, be paid over to MakerBorrower, and not to the payment of Interest. All Interest (including any amounts or payments judicially or otherwise under the law deemed to be Interest) contracted for, charged, taken, reserved, paid or agreed to be paid to Holder Lender shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full period term of this Note, including any extensions and renewals hereof until payment in full of the principal amount balance of this Note so that the Interest thereof thereon for such full period term will not exceed at any time the maximum amount permitted by applicable law. To the extent United States federal law permits a greater amount of interest than is permitted under the law of the State in which the Property is located, Lender will rely on United States federal law for the purpose of determining the maximum amount permitted by applicable law. Additionally, to the extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, implement any other method of computing the maximum lawful rate under the law of the State in which the Property is located or under other applicable law by giving notice, if required, to Borrower as provided by applicable law now or hereafter in effect. This Section 3.3 will control all agreements between Borrower and Lender.

Limit of Validity. The provisions of this Note are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the maturity of this Note or otherwise, shall the amount paid, or agreed to be paid to Holder for the use, forbearance or retention of money under this Note (“"Interest”") exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Maker and Holder shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then ipso facto the obligation to be performed or fulfilled shall be reduced to such limit and if, from any circumstance whatsoever, Holder 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 amount owing under this Note (whether or not then due) or at the option of Holder be paid over to Maker, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Holder shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full period until payment in full of the principal amount of this Note so that the Interest thereof for such full period will not exceed the maximum amount permitted by applicable law.

Limit of Validity. The provisions of this Note and of all agreements between Borrower and Lender, whether now or existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the maturity of this Note or otherwise, shall the amount paid, or agreed to be paid ("Interest"), to Holder Lender for the use, forbearance or retention of the money loaned under this Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Maker Borrower and Holder Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then ipso facto the obligation to be performed or fulfilled shall be reduced to such limit and if, from any circumstance whatsoever, Holder Lender 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 amount balance owing under this Note in the inverse order of its maturity (whether or not then due) or at the option of Holder Lender be paid over to MakerBorrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Holder Lender shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full period until payment in full of or the principal amount balance of this Note so that the Interest thereof for such full period will not exceed the maximum amount permitted by applicable law.. This Section

Limit of Validity. The provisions of this Note and of all agreements between the Borrowers and the Holder, whether now existing or hereafter arising, and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the maturity of this Note or otherwise, shall the amount paid, or agreed to be paid (“Interest”), to the Holder for the use, forbearance forbearance, or retention of the money loaned under this Note (“Interest”) exceed the maximum amount permissible under applicable lawApplicable Law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Maker the Borrowers and the Holder shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable lawApplicable Law, then ipso facto the obligation to be performed or fulfilled shall be reduced to such limit and if, from any circumstance whatsoever, the Holder shall ever receive anything of value deemed Interest by applicable law 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 amount balance owing under this Note in the inverse order of its maturity (whether or not then due) or at the option of the Holder be paid over to Makerthe Borrowers, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to the Holder shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated allocated, and spread throughout the full period until payment in full of the principal amount balance of this Note so that the Interest thereof for such full period will not exceed the maximum amount permitted by applicable lawApplicable Law.

Limit of Validity. The provisions of this Note and of all ----------------- agreements between Borrower and Lender, whether now existing or hereafter arising and whether written or oral, including, but not limited to, the Loan Documents, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the maturity of this Note or otherwise, shall the amount paidcontracted for, charged, taken, reserved, paid or agreed to be paid ("Interest") to Holder Lender for the use, forbearance or -------- retention of the money loaned under this Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoeverwhatsoever (including, without limitation, the receipt of any late charge or similar amount), performance or fulfillment of any provision hereof or of any agreement between Maker Borrower and Holder Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then ipso facto the obligation to be performed or fulfilled shall be reduced to such limit ---- ----- limit, and if, from any circumstance whatsoever, Holder Lender 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 amount balance owing under this Note in the inverse order of its maturity (whether or not then due) or at the option of Holder Lender be paid over to MakerBorrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Holder shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full period until payment in full of the principal amount of this Note so that the Interest thereof for such full period will not exceed the maximum amount permitted by applicable law.------------- PROMISSORY NOTE - Page 6 Initials

Limit of Validity. The provisions of this Note and of all agreements ----------------- between Borrower and Lender, whether now existing or hereafter arising and whether written or oral, including, but not limited to, the Loan Documents, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the maturity of this Note or otherwise, shall the amount paidcontracted for, charged, taken, reserved, paid or agreed to be paid ("Interest") to Holder Lender for the use, forbearance or retention of the money -------- loaned under this Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoeverwhatsoever (including, without limitation, the receipt of any late charge or similar amount), performance or fulfillment of any provision hereof or of any agreement between Maker Borrower and Holder Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then ipso facto the obligation to be performed or ---- ----- fulfilled shall be reduced to such limit limit, and if, from any circumstance whatsoever, Holder Lender 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 amount balance owing under this Note in the inverse order of its maturity (whether or not then due) or at the option of Holder Lender be paid over to MakerBorrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Holder shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full period until payment in full of the principal amount of this Note so that the Interest thereof for such full period will not exceed the maximum amount permitted by applicable law.and

Limit of Validity. The provisions of this Note All agreements between Mortgagor and Mortgagee, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoevercontingency, whether by reason of demand or acceleration of the maturity of this the Revolving Note or otherwise, shall the amount paidinterest contracted for, charged, received, paid or agreed to be paid to Holder for the use, forbearance or retention of money under this Note (“Interest”) Mortgagee exceed the maximum amount permissible under applicable usury law. If, from any circumstance whatsoever, performance or fulfillment interest would otherwise be payable to Mortgagee in excess of any provision hereof or of any agreement between Maker and Holder shallthe maximum lawful amount, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then ipso facto the obligation interest payable to be performed or fulfilled Mortgagee shall be reduced to such limit the maximum amount permitted under applicable law; and if, if from any circumstance whatsoever, Holder Mortgagee shall ever receive anything of value deemed Interest interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive Interest interest shall be applied credited to the reduction of the principal amount owing under this Note (whether or not then due) or at of the option of Holder be paid over to Maker, Indebtedness and not to the payment of Interestinterest, or if such excessive interest exceeds the unpaid balance of principal of the Indebtedness, such excess shall be refunded to Mortgagor. All Interest (including any amounts or payments deemed to be Interest) interest paid or agreed to be paid to Holder Mortgagee shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full period until payment in full of the principal amount of this Note so that the Interest thereof interest on the Indebtedness for such full period will shall not exceed the maximum amount permitted by applicable law. Mortgagee hereby expressly disclaims any intent to contract for, charge or receive interest in an amount which exceeds the maximum amount of interest permitted by applicable law. This Paragraph 1.14 shall control all agreements between Mortgagor and Mortgagee.