Common use of Prior Note Clause in Contracts

Prior Note. This Note is given in renewal and extension and not in novation of the following described indebtedness: That certain Promissory Note dated June 16, 2000, in the amount of $500,000.00 executed by Borrower payable to Lender. It is further agreed that all liens and security interest securing said indebtedness are hereby renewed and extended to secure the Note and all renewals, extensions and modifications thereof. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of the rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorse this Note, to the extent allowed by law, waive any applicable statute of limitations, presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lenxxx'x security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lenxxx xxy modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. PRIOR TO SIGNING THIS NOTE, BORXXXXX XXAD AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTICE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORXXXXX XXREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. BORROWER: CALIFORNIA BEACH RESTAURANTS, INC. By: /s/ ALAX XXXXXXX -------------------------------------------- ALAX XXXXXXX, XRESIDENT LENDER: U.S. BANK NATIONAL ASSOCIATION By: /s/ [Signature Illegible] -------------------------------------------- AUTHORIZED OFFICER =============================================================================== 10 [USBANK LOGO] DISBURSEMENT REQUEST AND AUTHORIZATION ---------------------------------------------------------------------------------------------------------- Principal Loan Date Maturity Loan No. Call Collateral Account Officer Initials 500,000.00 06-22-2001 09-15-2002 2789-34 070 1705522447 R-B83 /s/[ILLEGIBLE} ---------------------------------------------------------------------------------------------------------- References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. ---------------------------------------------------------------------------------------------------------- BORROWER: CALIFORNIA BEACH RESTAURANTS, INC. LENDER: U.S. BANK NATIONAL ASSOCIATION 17300 XXXXXX XXXXXXXXX, XXXXX 000 00000 XXXXXXX XXXXXXXXX XXXXXXX XXXXXXXXX, XX 00000 XXXXXX, XX 00000 ========================================================================================================== LOAN TYPE. This is a Variable Rate (1.000% over prime rate), Revolving Line of Credit Loan to a Corporation for $500,000.00 due on September 15, 2002. This is a secured renewal of the following described indebtedness: This Note is given in renewal and extension and not innovation of the following described indebtedness: That certain Promissory Note dated June 16, 2000, in the amount of $500,000.00 executed by Borrower payable to Lender. It is further agreed that all liens and security interest securing said indebtedness are hereby renewed and extended to secure the Note and all renewals, extensions and modifications thereof. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: [ ] PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES OR PERSONAL INVESTMENT. [X] BUSINESS (INCLUDING REAL ESTATE INVESTMENT). SPECIFIC PURPOSE. The specific purpose of this loan is: RENEWAL OF REVOLVING LINE OF CREDIT FOR WORKING CAPITAL AND LETTERS OF CREDIT.

Prior Note. This Note is given in renewal and extension and not in novation of replaces the following described indebtedness: That certain Promissory Note dated June 16delivered to Lender on March 10, 20001998 by Credit Concepts, in Inc. Lender reserves the amount of $500,000.00 executed by Borrower payable right to Lender. It is further agreed that all liens eliminate from the Borrowing Base those notes receivable and security interest securing said indebtedness are hereby renewed and extended to secure the Note and all renewals, extensions and modifications thereofaccounts it deems ineligible or uncollectible. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of the its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorse endorses this Note, to the extent allowed by law, waive any applicable statute of limitations, presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lenxxx'x Xxxxxx's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lenxxx xxy Xxxxxx may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. UNDER OREGON LAW, MOST AGREEMENTS, PROMISES AND COMMITMENTS MADE BY US (LENDER) AFTER OCTOBER 3, 1989 CONCERNING LOANS AND OTHER CREDIT EXTENSIONS WHICH ARE NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES OR SECURED SOLELY BY THE BORROWER'S RESIDENCE MUST BE IN WRITING, EXPRESS CONSIDERATION AND BE SIGNED BY US TO BE ENFORCEABLE. PRIOR TO SIGNING THIS NOTE, BORXXXXX XXAD XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTICENOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORXXXXX XXREES XXXXXXXX AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. BORROWER: CALIFORNIA BEACH RESTAURANTSCredit Concepts, INC. Inc. By: /s/ ALAX XXXXXXX -------------------------------------------- ALAX XXXXXXX____________________________________ By:______________________________ Xxxxxx X. Xxxxxx, XRESIDENT LENDER: U.S. BANK NATIONAL ASSOCIATION By: /s/ [Signature Illegible] -------------------------------------------- AUTHORIZED OFFICER =============================================================================== 10 [USBANK LOGO] DISBURSEMENT REQUEST AND AUTHORIZATION ---------------------------------------------------------------------------------------------------------- Principal Loan Date Maturity Loan No. Call Collateral Account Officer Initials 500,000.00 06-22-2001 09-15-2002 2789-34 070 1705522447 R-B83 /s/[ILLEGIBLE} ---------------------------------------------------------------------------------------------------------- References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. ---------------------------------------------------------------------------------------------------------- BORROWER: CALIFORNIA BEACH RESTAURANTSPresident Xxxxxx X. Xxxxxx, INC. LENDER: U.S. BANK NATIONAL ASSOCIATION 17300 XXXXXX XXXXXXXXX, XXXXX 000 00000 XXXXXXX XXXXXXXXX XXXXXXX XXXXXXXXX, XX 00000 XXXXXX, XX 00000 ========================================================================================================== LOAN TYPE. This is a Variable Rate (1.000% over prime rate), Revolving Line of Credit Loan to a Corporation for $500,000.00 due on September 15, 2002. This is a secured renewal of the following described indebtedness: This Note is given in renewal and extension and not innovation of the following described indebtedness: That certain Promissory Note dated June 16, 2000, in the amount of $500,000.00 executed by Borrower payable to Lender. It is further agreed that all liens and security interest securing said indebtedness are hereby renewed and extended to secure the Note and all renewals, extensions and modifications thereof. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: [ ] PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES OR PERSONAL INVESTMENT. [X] BUSINESS (INCLUDING REAL ESTATE INVESTMENT). SPECIFIC PURPOSE. The specific purpose of this loan is: RENEWAL OF REVOLVING LINE OF CREDIT FOR WORKING CAPITAL AND LETTERS OF CREDIT.Secretary

Prior Note. This Note is given in renewal and extension and not in novation of the following described indebtedness: That certain The Promissory Note from ASPEC Technology, Inc. to Lender dated June 16April 20, 2000, in the amount of $500,000.00 executed by Borrower payable to Lender. It is further agreed that all liens and security interest securing said indebtedness are hereby renewed and extended to secure the Note and all renewals, extensions and modifications thereof1995. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of the its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorse endorses this Note, to the extent allowed by law, waive any applicable statute of limitations, presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether wether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lenxxx'x Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lenxxx xxy Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. PRIOR TO SIGNING THIS NOTE, BORXXXXX XXAD BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTICENOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORXXXXX XXREES BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. BORROWER: CALIFORNIA BEACH RESTAURANTSASPEC TECHNOLOGY, INC. By: /s/ ALAX XXXXXXX -------------------------------------------- ALAX XXXXXXX\c\ Jai X. Xxxx --------------------------------------- JAI X. XXXX, XRESIDENT LENDER: U.S. BANK NATIONAL ASSOCIATION By: /s/ [Signature Illegible] -------------------------------------------- AUTHORIZED XXIEF FINANCIAL OFFICER =============================================================================== 10 [USBANK LOGO] DISBURSEMENT REQUEST AND AUTHORIZATION ---------------------------------------------------------------------------------------------------------- Principal Loan Date Maturity Loan No. Call Cal Collateral Account Officer Initials 500,000.00 06-22-2001 09-15-2002 2789-34 070 1705522447 R-B83 /s/[ILLEGIBLE} ---------------------------------------------------------------------------------------------------------- $1,000,000.00 07/18/96 07/01/97 14135 CL. 05 5007 102584 LO155 References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. ---------------------------------------------------------------------------------------------------------- BORROWER: CALIFORNIA BEACH RESTAURANTSASPEC TECHNOLOGY, INC. LENDER: U.S. BANK NATIONAL ASSOCIATION 17300 Commercial Bank of Fremont 830 X. XXXXXX XXXXXXXXX, XXXXX 000 00000 XXXXXXX XXXXXXXXX XXXXXXX XXXXXX 39510 Xxxxx Xxxxx Xxxxxxx XXXXXXXXX, XX 00000 XXXXXXFremxxx, XX 00000 ========================================================================================================== LOAN TYPE. This is a Variable Rate (1.0000.500% over prime rateWall Street Journal Prime--Highest Tiered Rate, making an initial rate of 8.750%), Revolving Line of Credit Loan to a Corporation for $500,000.00 1,000,000.00 due on September 15July 1, 20021997. This is a secured renewal of the following described indebtedness: This Note is given in renewal and extension and not innovation of the following described indebtedness: That certain The Promissory Note from ASPEC Technology, Inc. to Lender dated June 16April 20, 2000, in the amount of $500,000.00 executed by Borrower payable to Lender. It is further agreed that all liens and security interest securing said indebtedness are hereby renewed and extended to secure the Note and all renewals, extensions and modifications thereof1995. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: [ ] PERSONALPersonal, FAMILYFamily, OR HOUSEHOLD PURPOSES OR PERSONAL INVESTMENTor Household Purposes or Personal Investment. [Xx] BUSINESS Business (INCLUDING REAL ESTATE INVESTMENTincluding Real Estate Investment). SPECIFIC PURPOSE. The specific purpose of this loan is: RENEWAL OF REVOLVING LINE OF CREDIT FOR WORKING CAPITAL AND LETTERS OF CREDIT.

Prior Note. This Note is given in renewal and extension and not in novation of the following described indebtedness: That certain Promissory Note dated June 16THE PROMISSORY NOTE FROM 1-800 LENS-NOW, 2000INC. DBA 1-800 CONTACTS, in the amount of INC. TO LENDER DATED OCTOBER 1, 1997 IN THE ORIGINAL PRINCIPAL AMOUNT OF $500,000.00 executed by Borrower payable to Lender. It is further agreed that all liens and security interest securing said indebtedness are hereby renewed and extended to secure the Note and all renewals, extensions and modifications thereof1,000,000.00. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of the its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorse endorses this Note, to the extent allowed by law, waive any applicable statute of limitations, presentment, demand for payment, protest and notice of dishonor. Upon any change in In the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liabilitylability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impairImpair, fail to realize upon or perfect Lenxxx'x Lender's security interest in Interest In the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lenxxx xxy Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. PRIOR TO SIGNING THIS NOTE, BORXXXXX XXAD BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTICENOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORXXXXX XXREES BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. BORROWER: CALIFORNIA BEACH RESTAURANTSI-800 CONTACTS, INC. By: /s/ ALAX XXXXXXX -------------------------------------------- ALAX XXXXXXX, XRESIDENT LENDER: U.S. BANK NATIONAL ASSOCIATION Jonaxxxx X. Xxxx By: /s/ [Signature Illegible] -------------------------------------------- AUTHORIZED OFFICER =============================================================================== 10 [USBANK LOGO] DISBURSEMENT REQUEST AND AUTHORIZATION ---------------------------------------------------------------------------------------------------------- Principal Loan Date Maturity Loan No. Call Collateral Account Officer Initials 500,000.00 06-22-2001 09-15-2002 2789-34 070 1705522447 R-B83 /s/[ILLEGIBLE} ---------------------------------------------------------------------------------------------------------- References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. ---------------------------------------------------------------------------------------------------------- BORROWER: CALIFORNIA BEACH RESTAURANTSJohn X. Xxxxxxx -------------------------------- ------------------------------ JONAXXXX X. XXXX, INC. LENDER: U.S. BANK NATIONAL ASSOCIATION 17300 XXXXXX XXXXXXXXXXXESIDENT JOHN XXXXXXX, XXXXX 000 00000 XXXXXXX XXXXXXXXX XXXXXXX XXXXXXXXX, XX 00000 XXXXXX, XX 00000 ==========================XXCE PRESIDENT ================================================================================ LOAN TYPE. This is a Variable Rate (1.000% over prime rate), Revolving Line of Credit Loan to a Corporation for $500,000.00 due on September 15, 2002. This is a secured renewal of the following described indebtedness: This Note is given in renewal and extension and not innovation of the following described indebtedness: That certain Promissory Note dated June 16, 2000, in the amount of $500,000.00 executed by Borrower payable to Lender. It is further agreed that all liens and security interest securing said indebtedness are hereby renewed and extended to secure the Note and all renewals, extensions and modifications thereof. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: [ ] PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES OR PERSONAL INVESTMENT. [X] BUSINESS (INCLUDING REAL ESTATE INVESTMENT). SPECIFIC PURPOSE. The specific purpose of this loan is: RENEWAL OF REVOLVING LINE OF CREDIT FOR WORKING CAPITAL AND LETTERS OF CREDIT.