Common use of Loan Charges Clause in Contracts

Loan Charges. Borrower and Lender intend at all times to comply with the laws of the State of Texas governing the maximum rate or amount of interest payable on or in connection with the Indebtedness (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under the Note, this Instrument or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or if acceleration of the maturity of the Indebtedness, or if any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will be applied to reduce the unpaid principal balance of the Indebtedness (or, if the Indebtedness has been or would thereby be paid in full, will be refunded to Borrower), and the provisions of the Note, this Instrument and the other Loan Documents immediately will be deemed reformed and the amounts thereafter collectible under the Loan Documents reduced, without the necessity of the execution of any new documents, so as to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under the Loan Documents. The right to accelerate the maturity of the Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and ▇▇▇▇▇▇ does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness will, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in the Note, this Instrument or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of the Indebtedness, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will not exceed the amount calculated on a simple (i.e., noncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Instrument or any other Loan Document (such as for the payment of Impositions and similar expenses or costs).

Loan Charges. Borrower and Lender ▇▇▇▇▇▇ intend at all times to comply with the laws law of the State of Texas governing the maximum rate or amount of interest payable on or in connection with this Note and the Indebtedness (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under the Note, this Instrument Note or under any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or if of acceleration of the maturity of the Indebtednessthis Note, or if any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will shall be applied to reduce the unpaid principal balance of the Indebtedness this Note (or, if the Indebtedness this Note has been or would thereby be paid in full, will shall be refunded to Borrower), and the provisions of the this Note, this the Security Instrument and the any other Loan Documents immediately will shall be deemed reformed and the amounts thereafter collectible under the this Note or any other Loan Documents Document reduced, without the necessity of the execution of any new documents, so as at to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under the this Note or any other Loan DocumentsDocument. The right to accelerate the maturity of the Indebtedness this Note does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and ▇▇▇▇▇▇ Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness willshall, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in the this Note, this the Security Instrument or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of the Indebtednessthis Note, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will shall not exceed the amount calculated on a simple (i.e., i.e. noncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Security Instrument or any other Loan Document Documents (such as for the payment of Impositions taxes, insurance premiums and similar expenses or costs).

Loan Charges. Borrower and Lender ▇▇▇▇▇▇ intend at all times to comply with the laws law of the State of Texas governing the maximum rate or amount of interest payable on or in connection with this Note and the Indebtedness (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under the Note, this Instrument Note or under any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or if as a result of acceleration of the maturity of the Indebtednessthis Note, or if any prepayment Prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will be applied to reduce the unpaid principal Principal balance of the Indebtedness this Note (or, if the Indebtedness this Note has been or would thereby be paid in full, will be refunded to Borrower), and the provisions of the this Note, this Instrument the Loan Agreement and the any other Loan Documents immediately will be deemed reformed and the amounts thereafter collectible under the this Note or any other Loan Documents Document reduced, without the necessity of the execution of any new documents, so as to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under the this Note or any other Loan DocumentsDocument. The right to accelerate the maturity Maturity Date of the Indebtedness this Note does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and ▇▇▇▇▇▇ does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness will, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in the this Note, this Instrument the Loan Agreement or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of the Indebtednessthis Note, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will not exceed the amount calculated on a simple (i.e., noncompoundednon-compounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Instrument Loan Agreement or any other Loan Document Documents (such as for the payment of Impositions Taxes, Insurance premiums and similar expenses or costs).

Loan Charges. Borrower and Lender intend at all times to comply with the laws of the State of Texas governing the maximum rate or amount of interest payable on or in connection with the Indebtedness (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under the Note, this Instrument or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or if acceleration of the maturity of the Indebtedness, or if any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will shall be applied to reduce the unpaid principal balance of the Indebtedness (or, if the Indebtedness has been or would thereby be paid in full, will shall be refunded to Borrower), and the provisions of the Note, this Instrument and the other Loan Documents immediately will shall be deemed reformed and the amounts thereafter collectible under the Loan Documents reduced, without the necessity of the execution of any new documents, so as to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under the Loan Documents. The right to accelerate the maturity of the Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and ▇▇▇▇▇▇ Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness willshall, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in the Note, this Instrument or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of the Indebtedness, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will shall not exceed the amount calculated on a simple (i.e., noncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Instrument or any other Loan Document (such as for the payment of Impositions and similar expenses or costs).

Loan Charges. Borrower and Lender intend at all times to comply with the laws of the State of Texas governing the maximum rate or amount of interest payable on or in connection with the Indebtedness (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under the Note, this Instrument or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or if acceleration of the maturity of the Indebtedness, or if any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will be applied to reduce the unpaid principal balance of the Indebtedness (or, if the Indebtedness has been or would thereby be paid in full, will be refunded to Borrower), and the provisions of the Note, this Instrument and the other Loan Documents immediately will be deemed reformed and the amounts thereafter collectible under the Loan Documents reduced, without the necessity of the execution of any new documents, so as to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under the Loan Documents. The right to accelerate the maturity of the Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and ▇▇▇▇▇▇ Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness will, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in the Note, this Instrument or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of the Indebtedness, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will not exceed the amount calculated on a simple (i.e., noncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Instrument or any other Loan Document (such as for the payment of Impositions and similar expenses or costs).

Loan Charges. Borrower and Lender intend at all times to comply with the laws of the State of Texas New York governing the maximum rate or amount of interest payable on or in connection with this Note and the Indebtedness (or applicable United States Sates federal law to the extent that it permits Lender to contract for, charge, take, reserve reserve, or receive a greater amount of interest than under Texas New York law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under the this Note, this Instrument or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or if of acceleration of the maturity of the Indebtednessthis Note, or if any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will shall be applied to reduce the unpaid principal balance of the Indebtedness this Note (or, if the Indebtedness this Note has been or would thereby be paid in full, will shall be refunded to Borrower), and the provisions of the Note, this Instrument Note and the other Loan Documents Agreement immediately will shall be deemed reformed and the amounts thereafter collectible under this Note or the Loan Documents Agreement reduced, without the necessity of the execution of any new documents, so as to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under this Note or the Loan DocumentsAgreement. The right to accelerate the maturity of the Indebtedness this Note does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and ▇▇▇▇▇▇ Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness willshall, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in the Note, this Instrument or any other Loan Document Note that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of the Indebtednessthis Note, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will shall not exceed the amount calculated on a simple (i.e., i.e. noncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Instrument or any other Loan Document (such as for the payment of Impositions and similar expenses or costs)advances.

Loan Charges. Borrower and Lender intend at all times to comply with the laws of the State of Texas governing the maximum rate or amount of interest payable on or in connection with the Indebtedness (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under the Note, this Instrument or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or if acceleration of the maturity of the Indebtedness, or if any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will shall be applied to reduce the unpaid principal balance of the Indebtedness (or, if the Indebtedness has been or would thereby be paid in full, will shall be refunded to Borrower), and the provisions of the Note, this Instrument and the other Loan Documents immediately will shall be deemed reformed and the amounts thereafter collectible under the Loan Documents reduced, without the necessity of the execution of any new documents, so as to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under the Loan Documents. The right to accelerate the maturity of the Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and ▇▇▇▇▇▇ Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness willshall, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in the Note, this Instrument or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of the Indebtedness, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will shall not exceed the amount calculated on a simple (i.e., noncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Instrument or any other Loan Document (such as for the payment of Impositions and similar expenses or costs).

Loan Charges. Borrower and Lender ▇▇▇▇▇▇ intend at all times to comply with the laws law of the State of Texas governing the maximum rate or amount of interest payable on or in connection with this Note and the Indebtedness (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under the Note, this Instrument Note or under any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or if of acceleration of the maturity of the Indebtednessthis Note, or if any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will shall be applied to reduce the unpaid principal balance of the Indebtedness this Note (or, if the Indebtedness this Note has been or would thereby be paid in full, will shall be refunded to Borrower), and the provisions of the this Note, this the Security Instrument and the any other Loan Documents immediately will shall be deemed reformed and the amounts thereafter collectible under the this Note or any other Loan Documents Document reduced, without the necessity of the execution of any new documents, so as at to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under the this Note or any other Loan DocumentsDocument. The right to accelerate the maturity of the Indebtedness this Note does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and ▇▇▇▇▇▇ Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness willshall, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in the this Note, this the Security Instrument or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of the Indebtednessthis Note, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will shall not exceed the amount calculated on a simple (i.e., i.e. ---- noncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Security Instrument or any other Loan Document Documents (such as for the payment of Impositions taxes, insurance premiums and similar expenses or costs).

Loan Charges. Borrower and Lender intend at all times to comply with the laws of the State of Texas governing the maximum rate or amount of interest payable on or in connection with the Indebtedness (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under the Note, this Instrument or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or if acceleration of the maturity of the Indebtedness, or if any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will be applied to reduce the unpaid principal balance of the Indebtedness (or, if the Indebtedness has been or would thereby be paid in full, will be refunded to Borrower), and the provisions of the Note, this Instrument and the other Loan Documents immediately will be deemed reformed and the amounts thereafter collectible under the Loan Documents reduced, without the necessity of the execution of any new documents, so as to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under the Loan Documents. The right to accelerate the maturity of the Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and ▇L▇▇▇▇▇ does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness will, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in the Note, this Instrument or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of the Indebtedness, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will not exceed the amount calculated on a simple (i.e., noncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Instrument or any other Loan Document (such as for the payment of Impositions and similar expenses or costs).

Loan Charges. (a) This Note, the Security Instrument and the Other Security Documents are subject to the express condition that at no time shall Borrower be obligated or required to pay interest on the principal balance due hereunder at a rate which could subject Lender to either civil or criminal liability as a result of being in excess of the maximum interest rate which Borrower is permitted by applicable law to contract or agree to pay. If by the terms of this Note, the Security Instrument and the Other Security Documents, Borrower is at any time required or obligated to pay interest on the principal balance due hereunder at a rate in excess of such maximum rate, the Applicable Interest Rate or the Default Rate or any other consideration that constitutes interest under applicable law, as the case may be, shall be deemed to be immediately reduced to such maximum rate and all previous payments in excess of the maximum rate shall be deemed to have been payments in reduction of principal and not on account of the interest due hereunder. All sums paid or agreed to be paid to Lender for the use, forbearance, or detention of the Debt, shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Note until payment in full so that the rate or amount of interest on account of the Debt does not exceed the Maximum Lawful Rate (as defined below) of interest from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. (b) It is expressly stipulated and agreed to be the intent of Borrower and Lender intend at all times to comply strictly with the laws of the State of applicable Texas law governing the maximum rate or amount of interest payable on or in connection with the Indebtedness this Note (or applicable United States Stated federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under the Note, this Instrument or any other Loan Document, or (i) contracted for, charged, taken, reserved or received with respect pursuant to this Note, any of the other Loan Documents or any other communications or writing by or between Borrower and Lender related to the Indebtednesstransaction or transactions that are the subject matter of the Loan Documents, (ii) contracted for, charged or if acceleration received by reason of Lender’s exercise of the option to accelerate the maturity of the Indebtednessthis Note, or if (iii) Borrower will have paid or Lender will have received by reason of any voluntary prepayment by Borrower results in Borrower having paid any interest of this Note, then it is Borrower’s and Lender’s express intent that all amounts charged in excess of that permitted by any applicable lawthe Maximum Lawful Rate shall be automatically cancelled, then Borrower ab initio, and Lender expressly intend that all amounts in excess amounts of the Maximum Lawful Rate theretofore collected by Lender will shall be applied to reduce credited on the unpaid principal balance of the Indebtedness this Note (or, if the Indebtedness this Note has been or would thereby be paid in full, will be refunded to Borrower), and the provisions of the Note, this Instrument Note and the other Loan Documents immediately will be deemed reformed and the amounts thereafter collectible under the Loan Documents hereunder and thereunder reduced, without the necessity of the execution of any new documentsdocument, so as to comply with any the applicable law, but so as to permit the recovery of the fullest amount otherwise payable under called for hereunder and thereunder; provided, however, if this Note has been paid in full before the Loan Documents. The right to accelerate the maturity end of the Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date stated term of such accelerationthis Note, then ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ does agree that Lender shall, with reasonable promptness after ▇▇▇▇▇▇ discovers or is 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 this Note then owing by borrower to Lender. 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 this Note. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not intend the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect any unearned interest at the time of such acceleration. (c) As used herein, the term “Maximum Lawful Rate” shall mean the maximum lawful rate of interest which may be contracted for, charged, taken, received or reserved by Lender in accordance with the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention applicable laws of the Indebtedness will, State of Texas (or applicable United States federal law to the extent permitted by any applicable lawthat it permits Lender to contract for, be amortizedcharge, proratedtake, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate receive or reserve a greater amount of interest on than under Texas law), taking into account of all Charges (as herein defined) made in connection with the Indebtedness does not exceed transaction evidenced by this Note and the applicable usury ceilingother Loan Documents. Notwithstanding any provision contained in As used herein, the Noteterm “Charges” shall mean all fees, this Instrument or charges and/or any other Loan Document that permits things of value, if any, contracted for, charged, received, taken or reserved by Lender in connection with the compounding of interest, including any provision by which any accrued interest is added transactions relating to this Note and the principal amount of the Indebtedness, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will not exceed the amount calculated on a simple (i.e., noncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Instrument or any other Loan Document (such Documents, which are treated as for the payment of Impositions and similar expenses or costs)interest under applicable law.

Loan Charges. Borrower and Lender intend at all times to comply with the laws of the State of Texas New York governing the maximum rate or amount of interest payable on or in connection with this Note and the Indebtedness (or applicable United States Sates federal law to the extent that it permits Lender to contract for, charge, take, reserve reserve, or receive a greater amount of interest than under Texas New York law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under the this Note, this Instrument or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or if of acceleration of the maturity of the Indebtednessthis Note, or if any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will shall be applied to reduce the unpaid principal balance of the Indebtedness this Note (or, if the Indebtedness this Note has been or would thereby be paid in full, will shall be refunded to Borrower), and the provisions of the Note, this Instrument Note and the other Loan Documents Letter Agreement immediately will shall be deemed reformed and the amounts thereafter collectible under this Note or the Loan Documents Letter Agreement reduced, without the necessity of the execution of any new documents, so as to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under this Note or the Loan DocumentsLetter Agreement. The right to accelerate the maturity of the Indebtedness this Note does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and ▇▇▇▇▇▇ Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness willshall, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in the Note, this Instrument or any other Loan Document Note that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of the Indebtednessthis Note, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will shall not exceed the amount calculated on a simple (i.e., i.e. noncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Instrument or any other Loan Document (such as for the payment of Impositions and similar expenses or costs)advances.

Loan Charges. This Note, the Security Instrument and the Other Security Documents are subject to the express condition that at no time shall Borrower be obligated or required to pay interest on the principal balance due hereunder at a rate which could subject Lender to either civil or criminal liability as a result of being in excess of the maximum interest rate which Borrower is permitted by applicable law to contract or agree to pay. If by the terms of this Note, the Security Instrument and the Other Security Documents, Borrower is at any time required or obligated to pay interest on the principal balance due hereunder at a rate in excess of such maximum rate, the Applicable Interest Rate, the Default Rate or any other consideration that constitutes interest under applicable law, as the case may be, shall be deemed to be immediately reduced to such maximum rate and all previous payments in excess of the maximum rate shall be deemed to have been payments in reduction of principal and not on account of the interest due hereunder. All sums paid or agreed to be paid to Lender for the use, forbearance, or detention of the Debt, shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Note until payment in full so that the rate or amount of interest on account of the Debt does not exceed the Maximum Lawful Rate (as defined below) from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. It is expressly stipulated and agreed to be the intent of Borrower and Lender intend at all times to comply strictly with the laws of the State of applicable Texas law governing the maximum rate or amount of interest payable on or in connection with the Indebtedness this Note (or applicable United States Stated federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under the Note, this Instrument or any other Loan Document, or (i) contracted for, charged, taken, reserved or received with respect pursuant to this Note, any of the other Loan Documents or any other communications or writing by or between Borrower and Lender related to the Indebtednesstransaction or transactions that are the subject matter of the Loan Documents, (ii) contracted for, charged or if acceleration received by reason of Lender’s exercise of the option to accelerate the maturity of the Indebtednessthis Note, or if (iii) Borrower will have paid or Lender will have received by reason of any voluntary prepayment by Borrower results in Borrower having paid any interest of this Note, then it is Borrower’s and Lender’s express intent that all amounts charged in excess of that permitted by any applicable lawthe Maximum Lawful Rate shall be automatically cancelled, then Borrower ab initio, and Lender expressly intend that all amounts in excess amounts of the Maximum Lawful Rate theretofore collected by Lender will shall be applied to reduce credited on the unpaid principal balance of the Indebtedness this Note (or, if the Indebtedness this Note has been or would thereby be paid in full, will be refunded to Borrower), and the provisions of the Note, this Instrument Note and the other Loan Documents immediately will be deemed reformed and the amounts thereafter collectible under the Loan Documents hereunder and thereunder reduced, without the necessity of the execution of any new documentsdocument, so as to comply with any the applicable law, but so as to permit the recovery of the fullest amount otherwise payable under called for hereunder and thereunder; provided, however, if this Note has been paid in full before the Loan Documents. The right to accelerate the maturity end of the Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date stated term of such accelerationthis Note, then ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ does agree that Lender shall, with reasonable promptness after ▇▇▇▇▇▇ discovers or is 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 this Note then owing by borrower to Lender. 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 this Note. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not intend the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness will, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in the Note, this Instrument or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of the Indebtedness, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will not exceed the amount calculated on a simple (i.e., noncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account time of Borrower, including all current and prior advances and any advances made pursuant to the Instrument or any other Loan Document (such as for the payment of Impositions and similar expenses or costs)acceleration.

Loan Charges. Borrower and Lender intend at all times to comply with the laws law of the State of Texas ▇▇▇▇▇ governing the maximum rate or amount of interest payable on or in connection with this Note and the Indebtedness (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under the Note, this Instrument Note or under any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or if of acceleration of the maturity of the Indebtednessthis Note, or if any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will shall be applied to reduce the unpaid principal balance of the Indebtedness this Note (or, if the Indebtedness this Note has been or would thereby be paid in full, will shall be refunded to Borrower), and the provisions of the this Note, this the Security Instrument and the any other Loan Documents immediately will shall be deemed reformed and the amounts thereafter collectible under the this Note or any other Loan Documents Document reduced, without the necessity of the execution of any new documents, so as at to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under the this Note or any other Loan DocumentsDocument. The right to accelerate the maturity of the Indebtedness this Note does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and ▇▇▇▇▇▇ Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness willshall, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in the this Note, this the Security Instrument or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of the Indebtednessthis Note, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will shall not exceed the amount calculated on a simple simple (i.e., i. e. noncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Security Instrument or any other Loan Document Documents (such as for the payment of Impositions taxes, insurance premiums and similar expenses or costs).

Loan Charges. Borrower and Lender intend at all times to comply with the laws of the State of Texas governing the maximum rate or amount of interest payable on or in connection with the Indebtedness (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under the Note, this Instrument or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or if acceleration of the maturity of the Indebtedness, or if any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will shall be applied to reduce the unpaid principal balance of the Indebtedness (or, if the Indebtedness has been or would thereby be paid in full, will shall be refunded to Borrower), and the provisions of the Note, this Instrument and the other Loan Documents immediately will shall be deemed reformed and the amounts thereafter collectible under the Loan Documents reduced, without the necessity of the execution of any new documents, so as to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under the Loan Documents. The right to accelerate the maturity of the Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and ▇L▇▇▇▇▇ does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness willshall, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in the Note, this Instrument or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of the Indebtedness, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will shall not exceed the amount calculated on a simple (i.e., noncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Instrument or any other Loan Document (such as for the payment of Impositions and similar expenses or costs).

Loan Charges. (a) This Note, the Security Instrument and the Other Security Documents are subject to the express condition that at no time shall Borrower be obligated or required to pay interest on the principal balance due hereunder at a rate which could subject Lender to either civil or criminal liability as a result of being in excess of the maximum interest rate which Borrower is permitted by applicable law to contract or agree to pay. If by the terms of this Note, the Security Instrument and the Other Security Documents, Borrower is at any time required or obligated to pay interest on the principal balance due hereunder at a rate in excess of such maximum rate, the Applicable Interest Rate, the Default Rate or any other consideration that constitutes interest under applicable law, as the case may be, shall be deemed to be immediately reduced to such maximum rate and all previous payments in excess of the maximum rate shall be deemed to have been payments in reduction of principal and not on account of the interest due hereunder. All sums paid or agreed to be paid to Lender for the use, forbearance, or detention of the Debt, shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Note until payment in full so that the rate or amount of interest on account of the Debt does not exceed the Maximum Lawful Rate (as defined below) of interest from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. (b) It is expressly stipulated and agreed to be the intent of Borrower and Lender intend at all times to comply strictly with the laws of the State of applicable Texas law governing the maximum rate or amount of interest payable on or in connection with the Indebtedness this Note (or applicable United States Stated federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under the Note, this Instrument or any other Loan Document, or (i) contracted for, charged, taken, reserved or received with respect pursuant to this Note, any of the other Loan Documents or any other communications or writing by or between Borrower and Lender related to the Indebtednesstransaction or transactions that are the subject matter of the Loan Documents, (ii) contracted for, charged or if acceleration received by reason of Lender’s exercise of the option to accelerate the maturity of the Indebtednessthis Note, or if (iii) Borrower will have paid or Lender will have received by reason of any voluntary prepayment by Borrower results in Borrower having paid any interest of this Note, then it is Borrower’s and Lender’s express intent that all amounts charged in excess of that permitted by any applicable lawthe Maximum Lawful Rate shall be automatically cancelled, then Borrower ab initio, and Lender expressly intend that all amounts in excess amounts of the Maximum Lawful Rate theretofore collected by Lender will shall be applied to reduce credited on the unpaid principal balance of the Indebtedness this Note (or, if the Indebtedness this Note has been or would thereby be paid in full, will be refunded to Borrower), and the provisions of the Note, this Instrument Note and the other Loan Documents immediately will be deemed reformed and the amounts thereafter collectible under the Loan Documents hereunder and thereunder reduced, without the necessity of the execution of any new documentsdocument, so as to comply with any the applicable law, but so as to permit the recovery of the fullest amount otherwise payable under called for hereunder and thereunder; provided, however, if this Note has been paid in full before the Loan Documents. The right to accelerate the maturity end of the Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date stated term of such accelerationthis Note, and then B▇▇▇▇▇▇▇ does and L▇▇▇▇▇ agree that Lender shall, with reasonable promptness after L▇▇▇▇▇ discovers or is 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 this Note then owing by borrower to Lender. 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 this Note, Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not intend the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect any unearned interest at the time of such acceleration. (c) As used herein, the term “Maximum Lawful Rate” shall mean the maximum lawful rate of interest which may be contracted for, charged, taken, received or reserved by Lender in accordance with the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention applicable laws of the Indebtedness will, State of Texas (or applicable United States federal law to the extent permitted by any applicable lawthat it permits Lender to contract for, be amortizedcharge, proratedtake, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate receive or reserve a greater amount of interest on than under Texas law), taking into account of all Charges (as herein defined) made in connection with the Indebtedness does not exceed transaction evidenced by this Note and the applicable usury ceilingother Loan Documents. Notwithstanding any provision contained in As used herein, the Noteterm “Charges” shall mean all fees, this Instrument or charges and/or any other Loan Document that permits things of value, if any, contracted for, charged, received, taken or reserved by Lender in connection with the compounding of interest, including any provision by which any accrued interest is added transactions relating to this Note and the principal amount of the Indebtedness, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will not exceed the amount calculated on a simple (i.e., noncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Instrument or any other Loan Document (such Documents, which are treated as for the payment of Impositions and similar expenses or costs)interest under applicable law.

Loan Charges. Borrower and Lender intend at all times to comply with the laws of the State of Texas governing the maximum rate or amount of interest payable on or in connection with the Indebtedness (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under the NoteReimbursement Agreement, this Instrument or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or if acceleration of the maturity of the Indebtedness, or if any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will shall be applied to reduce the unpaid principal balance of the Indebtedness (or, if the Indebtedness has been or would thereby be paid in full, will shall be refunded to Borrower), and the provisions of the NoteReimbursement Agreement, this Instrument and the other Loan Documents immediately will shall be deemed reformed and the amounts thereafter collectible under the Loan Documents reduced, without the necessity of the execution of any new documents, so as to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under the Loan Documents. The right to accelerate the maturity of the Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and ▇▇▇▇▇▇ does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness willshall, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in the NoteReimbursement Agreement, this Instrument or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of the Indebtedness, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will shall not exceed the amount calculated on a simple (i.e., noncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Instrument or any other Loan Document (such as for the payment of Impositions and similar expenses or costs).

Loan Charges. Borrower and Lender intend at all times to comply with the laws of the State of Texas governing the maximum rate or amount of interest payable on or in connection with the Indebtedness (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under the Note, this Instrument or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or if acceleration of the maturity of the Indebtedness, or if any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will shall be applied to reduce the unpaid principal balance of the Indebtedness (or, if the Indebtedness has been or would thereby be paid in full, will shall be refunded to Borrower), and the provisions of the Note, this Instrument and the other Loan Documents immediately will shall be deemed reformed and the amounts thereafter collectible under the Loan Documents reduced, without the necessity of the execution of any new documents, so as to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under the Loan Documents. The right to accelerate the maturity of the Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and ▇▇▇▇▇▇ does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness willshall, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in the Note, this Instrument or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of the Indebtedness, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will shall not exceed the amount calculated on a simple (i.e., noncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Instrument or any other Loan Document (such as for the payment of Impositions and similar expenses or costs).

Loan Charges. Borrower and Lender ▇▇▇▇▇▇ intend at all times to comply with the laws law of the State of Texas governing the Maximum Interest Rate or the maximum rate or amount of interest payable on or in connection with this Note and the Indebtedness (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under the Note, this Instrument Note or under any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or if as a result of acceleration of the maturity of the Indebtednessthis Note, or if any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will shall be applied to reduce the unpaid principal balance of the Indebtedness this Note (or, if the Indebtedness this Note has been or would thereby be paid in full, will shall be refunded to Borrower), and the provisions of the this Note, this the Security Instrument and the any other Loan Documents immediately will shall be deemed reformed and the amounts thereafter collectible under the this Note or any other Loan Documents Document reduced, without the necessity of the execution of any new documents, so as to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under the this Note or any other Loan DocumentsDocument. The right to accelerate the maturity Maturity Date of the Indebtedness this Note does not include the right to accelerate any interest interest, which has not otherwise accrued on the date of such acceleration, and ▇▇▇▇▇▇ Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness willshall, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in the this Note, this the Security Instrument or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of the Indebtednessthis Note, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will shall not exceed the amount calculated on a simple (i.e., noncompoundednon-compounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Security Instrument or any other Loan Document Documents (such as for the payment of Impositions taxes, insurance premiums and similar expenses or costs).

Loan Charges. Borrower and Lender intend at all times to comply with the laws law of the State of Texas governing Te▇▇▇ ▇▇verning the maximum rate or amount of interest payable on or in connection with this Note and the Indebtedness (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under the Note, this Instrument Note or under any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or if of acceleration of the maturity of the Indebtednessthis Note, or if any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will shall be applied to reduce the unpaid principal balance of the Indebtedness this Note (or, if the Indebtedness this Note has been or would thereby be paid in full, will shall be refunded to Borrower), and the provisions of the this Note, this the Security Instrument and the any other Loan Documents immediately will shall be deemed reformed and the amounts thereafter collectible under the this Note or any other Loan Documents Document reduced, without the necessity of the execution of any new documents, so as at to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under the this Note or any other Loan DocumentsDocument. The right to accelerate the maturity of the Indebtedness this Note does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and ▇▇▇▇▇▇ Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness willshall, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in the this Note, this the Security Instrument or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of the Indebtednessthis Note, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will shall not exceed the amount calculated on a simple (i.e., i.e. noncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Security Instrument or any other Loan Document Documents (such as for the payment of Impositions taxes, insurance premiums and similar expenses or costs).

Loan Charges. (a) This Note, the Security Instrument and the Other Security Documents are subject to the express condition that at no time shall Borrower be obligated or required to pay interest on the principal balance due hereunder at a rate which could subject Lender to either civil or criminal liability as a result of being in excess of the maximum interest rate which Borrower is permitted by applicable law to contract or agree to pay. If by the terms of this Note, the Security Instrument and the Other Security Documents, Borrower is at any time required or obligated to pay interest on the principal balance due hereunder at a rate in excess of such maximum rate, the Applicable Interest Rate or the Default Rate or any other consideration that constitutes interest under applicable law, as the case may be, shall be deemed to be immediately reduced to such maximum rate and all previous payments in excess of the maximum rate shall be deemed to have been payments in reduction of principal and not on account of the interest due hereunder. All sums paid or agreed to be paid to Lender for the use, forbearance, or detention of the Debt, shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Note until payment in full so that the rate or amount of interest on account of the Debt does not exceed the Maximum Lawful Rate (as defined below) of interest from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. (b) It is expressly stipulated and agreed to be the intent of Borrower and Lender intend at all times to comply strictly with the laws of the State of applicable Texas law governing the maximum rate or amount of interest payable on or in connection with the Indebtedness this Note (or applicable United States Stated federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under the Note, this Instrument or any other Loan Document, or (i) contracted for, charged, taken, reserved or received with respect pursuant to this Note, any of the other Loan Documents or any other communications or writing by or between Borrower and Lender related to the Indebtednesstransaction or transactions that are the subject matter of the Loan Documents, (ii) contracted for, charged or if acceleration received by reason of Lender’s exercise of the option to accelerate the maturity of the Indebtednessthis Note, or if (iii) Borrower will have paid or Lender will have received by reason of any voluntary prepayment by Borrower results in Borrower having paid any interest of this Note, then it is Borrower’s and Lender’s express intent that all amounts charged in excess of that permitted by any applicable lawthe Maximum Lawful Rate shall be automatically cancelled, then Borrower ab initio, and Lender expressly intend that all amounts in excess amounts of the Maximum Lawful Rate theretofore collected by Lender will shall be applied to reduce credited on the unpaid principal balance of the Indebtedness this Note (or, if the Indebtedness this Note has been or would thereby be paid in full, will be refunded to Borrower), and the provisions of the Note, this Instrument Note and the other Loan Documents immediately will be deemed reformed and the amounts thereafter collectible under the Loan Documents hereunder and thereunder reduced, without the necessity of the execution of any new documentsdocument, so as to comply with any the applicable law, but so as to permit the recovery of the fullest amount otherwise payable under called for hereunder and thereunder; provided, however, if this Note has been paid in full before the Loan Documents. The right to accelerate the maturity end of the Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date stated term of such accelerationthis Note, and then B▇▇▇▇▇▇▇ does and L▇▇▇▇▇ agree that Lender shall, with reasonable promptness after L▇▇▇▇▇ discovers or is 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 this Note then owing by borrower to Lender. 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 this Note. Not-withstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not intend the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect any unearned interest at the time of such acceleration. (c) As used herein, the term “Maximum Lawful Rate” shall mean the maximum lawful rate of interest which may be contracted for, charged, taken, received or reserved by Lender in accordance with the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention applicable laws of the Indebtedness will, State of Texas (or applicable United States federal law to the extent permitted by any applicable lawthat it permits Lender to contract for, be amortizedcharge, proratedtake, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate receive or reserve a greater amount of interest on than under Texas law), taking into account of all Charges (as herein defined) made in connection with the Indebtedness does not exceed transaction evidenced by this Note and the applicable usury ceilingother Loan Documents. Notwithstanding any provision contained in As used herein, the Noteterm “Charges” shall mean all fees, this Instrument or charges and/or any other Loan Document that permits things of value, if any, contracted for, charged, received, taken or reserved by Lender in connection with the compounding of interest, including any provision by which any accrued interest is added transactions relating to this Note and the principal amount of the Indebtedness, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will not exceed the amount calculated on a simple (i.e., noncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Instrument or any other Loan Document (such Documents, which are treated as for the payment of Impositions and similar expenses or costs)interest under applicable law.