Common use of Usury Laws Clause in Contracts

Usury Laws. Notwithstanding anything to the contrary contained in this Agreement or any other Loan Document: (a) It is expressly stipulated and agreed to be the intent of Borrower and Lender at all times to comply strictly with the applicable Texas law governing the maximum rate or amount of interest payable on the Debt, or applicable United States federal law to the extent that such law 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 contracted for, charged, taken, reserved or received in respect of the Debt, including by reason of the acceleration of the maturity or the prepayment thereof, then it is Borrower’s and Lender’s express intent that all amounts charged in excess of the Highest Lawful Rate shall be automatically canceled, ab initio, and all amounts in excess of the Highest Lawful Rate theretofore collected by Lender shall be credited on the principal balance of the Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Notes and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable laws, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Notes have been paid in full before the end of the stated term hereof, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in excess of the Highest Lawful Rate, either credit such excess interest against the Debt then owing by Borrower to Lender and/or refund such excess interest to Borrower. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lender. All sums contracted for, charged, taken, reserved or received by Lender for the use, forbearance or detention of the Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated or spread, using the actuarial method, throughout the stated term of the Notes (including any and all renewal and extension periods) until payment in full so that the rate or amount of interest on account of the Debt does not exceed the Highest Lawful Rate from time to time in effect and applicable to the Debt for so long as debt is outstanding. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. The terms and provisions of this paragraph shall control and supersede every other term, covenant or provision contained herein, in any of the other Loan Documents or in any other document or instrument pertaining to the Debt. (b) To the extent that Lender is relying on Chapter 303 of the Texas Finance Code to determine the Highest Lawful Rate payable on the Notes or any other part of the Debt, Lender will utilize the weekly ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead of such Chapter 303 for the purpose of determining the Highest Lawful Rate. Additionally, to the extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effect.

Usury Laws. (a) Notwithstanding anything to the contrary contained in this Agreement Note or any other Loan Document: , (ai) It is expressly stipulated and agreed to be the intent of Borrower and Lender at all times to comply strictly with the applicable Texas law governing the maximum rate or amount of this Note shall never bear interest payable on the Debt, or applicable United States federal law to the extent that such law 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 contracted for, charged, taken, reserved or received in respect of the Debt, including by reason of the acceleration of the maturity or the prepayment thereof, then it is Borrower’s and Lender’s express intent that all amounts charged in excess of the Highest Lawful Rate shall be automatically canceled, ab initio, and all amounts in excess of the Highest Lawful Rate theretofore collected by Lender shall be credited on the principal balance of the Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Notes and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable laws, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Notes have been paid in full before the end of the stated term hereof, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in excess of the Highest Lawful Rate, either credit and (ii) if at any time the rate at which interest is payable on this Note is limited by the Highest Lawful Rate by the foregoing clause (i) or by reference to the Highest Lawful Rate in the definitions of Base Rate and Default Rate, then this Note shall bear interest at the Highest Lawful Rate and shall continue to bear interest at the Highest Lawful Rate until such excess time as the total amount of interest against accrued on this Note equals (but does not exceed) the Debt then owing by Borrower total amount of interest which would have accrued on this Note, had there been no Highest Lawful Rate applicable to Lender and/or refund such excess interest to Borrower. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail this Note. (b) It is the intention of the nature parties hereto that all aspects of this Note and amount the other Loan Documents, and the transactions contemplated hereby and thereby, comply with all laws, including, specifically, any applicable usury laws. In furtherance thereof, Xxxxxxxx and Xxxxxx stipulate and agree that none of the violation, terms and Lender provisions contained in this Note or the other Loan Documents shall have sixty (60) days after receipt of such notice in which ever be construed to correct such usury violation, if any, by either refunding such excess interest create a contract to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lender. All sums contracted for, charged, taken, reserved or received by Lender pay for the use, forbearance forbearance, or detention of money, or interest, in excess of the Debt shallmaximum amount of interest permitted to be charged by applicable law in effect from time to time. Neither Borrower nor any present or future guarantors, endorsers, or other persons or entities hereafter becoming liable for payment of Borrower’s obligations hereunder and under the other Loan Documents shall ever be liable for unearned interest thereon or shall ever be required to pay interest thereon in excess of the extent maximum amount that may be lawfully charged under applicable law from time to time in effect, and the provisions of this Section 13 shall control over all other provisions of the Loan Documents that may be in conflict or apparent conflict herewith. Lender expressly disavows any intention to charge or collect excessive unearned interest or finance charges in the event the maturity of this Note is accelerated. If (i) the maturity of this Note is accelerated for any reason, (ii) this Note is prepaid and as a result any amounts held to constitute interest are determined to be in excess of the legal maximum, or (iii) Lender or any other holder of this Note shall otherwise collect moneys which are determined to constitute interest which would otherwise increase the interest hereon to an amount in excess of that permitted to be charged by applicable law, then all sums determined to constitute interest in excess of such legal limit shall, without penalty, be amortizedpromptly applied to reduce the then outstanding principal of this Note or, proratedat Lender's or such holder's option, allocated promptly returned to Borrower or spreadthe other payor thereof upon such determination. In determining whether or not the interest paid or payable, using under any specific circumstance, exceeds the actuarial methodmaximum amount permitted under applicable law, throughout Lender and Borrower (and any other payors of this Note) shall to the stated term of greatest extent permitted under applicable law, (i) characterize any non-principal payment as an expense, fee or premium rather than as interest, (ii) exclude voluntary prepayments and the Notes effects thereof, and (including any iii) amortize, prorate, allocate, and all renewal and extension periods) until payment in full so that spread the rate or total amount of interest on account throughout the entire contemplated term of this Note in accordance with the Debt does not exceed amounts outstanding from time to time hereunder and the Highest Lawful Rate maximum legal rate of interest from time to time in effect and under applicable law in order to lawfully charge the Debt for so long as debt is outstandingmaximum amount of interest permitted under applicable law. In no the event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any applicable law provides for an interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. The terms and provisions of this paragraph shall control and supersede every other term, covenant or provision contained herein, in any of the other Loan Documents or in any other document or instrument pertaining to the Debt. (b) To the extent that Lender is relying on ceiling under Chapter 303 of the Texas Finance Code to determine (the Highest Lawful Rate payable on “Texas Finance Code”) as amended, for that day, the Notes or any other part ceiling shall be the “weekly ceiling” as defined in the Texas Finance Code. As used in this section, the term “applicable law” means the laws of the DebtState of Texas or the laws of the United States of America, Lender will utilize whichever laws allow the weekly ceiling from time to time in effect as provided in such Chapter 303greater interest, as amended. To such laws now exist or may be changed or amended or come into effect in the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead of such Chapter 303 for the purpose of determining the Highest Lawful Rate. Additionally, to the extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effectfuture.

Usury Laws. Notwithstanding anything The Borrowers and Lenders and all other parties to the contrary contained Loan Documents intend to conform to and contract in this Agreement strict compliance with all Applicable Usury Laws from time to time in effect. All agreements between the Borrowers and Lenders (or any other party liable with respect to any Obligations under the Loan Document: Documents) are hereby limited by the provisions of this Section 12.16 which shall override and control all such agreements, whether now existing or hereafter arising. In no way, nor in any event or contingency (a) It is expressly stipulated and agreed including but not limited to be the intent of Borrower and Lender at all times to comply strictly with the applicable Texas law governing the maximum rate or amount of interest payable on the Debtprepayment, default, demand for payment, or applicable United States federal law to acceleration of the extent that such law permits Lender to contract formaturity of any Obligation), chargeshall the interest taken, takereserved, 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 contracted for, charged, takenchargeable, reserved or received in respect under this Agreement, the Notes, any of the Debtother Loan Documents, including by reason or otherwise, exceed the Highest Lawful Rate. If, from any possible construction of the acceleration of the maturity or the prepayment thereofany document, then it is Borrower’s and Lender’s express intent that all amounts charged interest would otherwise be payable in excess of the Highest Lawful Rate Rate, any such construction shall be subject to the provisions of this Section and such document shall ipso facto be automatically reformed and the interest payable shall be automatically canceledreduced to the Highest Lawful Rate, ab initiowithout the necessity of execution of any amendment or new document. If (a) the maturity of any Obligation is accelerated for any reason, (b) any Obligation is prepaid and all as a result any amounts held to constitute interest are determined to be in excess of the Highest Lawful Rate theretofore collected by Rate, or (c) any Lender shall be credited on the principal balance or any other holder of any or all of the Debt (or, if Obligations shall otherwise collect moneys which are determined to constitute interest which would otherwise increase the Debt has been interest on any or would thereby be paid in full, refunded to Borrower), and the provisions all of the Notes and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as Obligations to comply with the applicable laws, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Notes have been paid in full before the end of the stated term hereof, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in excess of the Highest Lawful Rate, either credit then all such sums determined to constitute interest in excess interest against of such legal limit shall, without penalty, be promptly applied to reduce the Debt then owing by Borrower to Lender and/or refund such excess interest to Borrower. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail outstanding principal of the nature and amount of the violationrelated Obligations or, and Lender shall have sixty (60) days after receipt of at such notice in which to correct Lender’s or such usury violationholder’s option, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lender. All sums contracted for, charged, taken, reserved or received by Lender for the use, forbearance or detention of the Debt shall, promptly returned to the Borrowers or the other payor thereof upon such determination. In determining whether or not the interest paid or payable under any specific circumstance exceeds the Highest Lawful Rate, Lenders and the Borrowers (and any other payors thereof) shall to the greatest extent permitted by under applicable law, be amortized(x) characterize any non-principal payment as an expense, proratedfee or premium rather than as interest, allocated or spread(y) exclude voluntary prepayments and the effects thereof, using and (z) amortize, prorate, allocate and spread the actuarial method, total amount of interest throughout the stated entire contemplated term of the Notes (including any instruments evidencing the Obligations in accordance with the amounts outstanding from time to time thereunder and all renewal and extension periods) until payment in full so that the rate or amount of interest on account of the Debt does not exceed the Highest Lawful Rate from time to time in effect and applicable in order to the Debt for so long as debt is outstanding. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. The terms and provisions of this paragraph shall control and supersede every other term, covenant or provision contained herein, in any of the other Loan Documents or in any other document or instrument pertaining to the Debt. (b) To the extent that Lender is relying on Chapter 303 of the Texas Finance Code to determine the Highest Lawful Rate payable on the Notes or any other part of the Debt, Lender will utilize the weekly ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead of such Chapter 303 for the purpose of determining lawfully charge the Highest Lawful Rate. AdditionallyIt is the intention of the Borrowers and Lenders that all sums charged, for the use, forbearance or detention of any Obligations under the Loan Documents have been in good faith calculated to comply with all Applicable Usury Laws. Therefore, the extent permitted by applicable law now Borrowers acknowledge and agree that any sum paid or hereafter accrued for the use, forbearance or detention of the Obligations of the Borrowers to Lender in effect, Lender may, at its option and from time to time, utilize any other method excess of establishing the Highest Lawful Rate under such Chapter 303 shall have been paid or under other accrued unintentionally or as a result of a bona fide error and not in violation of or in reckless disregard of any applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effectlaw.

Usury Laws. Notwithstanding anything to the contrary contained in this Agreement or any other Loan Document: (a) It is expressly stipulated and agreed to be the intent of Borrower and Lender at all times to comply strictly with the applicable Texas law governing the maximum rate or amount of interest payable on the DebtNote or the Debt evidenced by the Note and by the other Loan Documents (or, to the extent it would permit a greater rate or amount of interest on the Note or the Debt evidenced by the Note and by the other Loan Documents, applicable United States federal law law) to the extent end that such law permits neither Borrower nor Lender to contract shall have contracted for, and Lender shall not charge, take, reserve or receive receive, and Borrower shall not pay, a greater amount of interest than under Texas law or applicable United State federal law. If (i) the applicable law is ever judicially interpreted so as to render usurious any amount called for under the Note or under any of the other Loan Documents, or contracted for, charged, taken, reserved or received in with respect of to the Debt, or (ii) Lender’s exercise of any remedy hereunder or under the other Loan Documents, including by reason the option herein contained to accelerate the maturity of the acceleration Note, or any prepayment by Borrower, results in Lender having charged, taken, reserved or received, and Borrower having paid, any interest in excess of the maturity or the prepayment thereofthat permitted by applicable law, then it is Borrower’s and Lender’s express intent that (A) all amounts charged theretofore collected by Lender in excess of the Highest Lawful Rate shall be automatically canceled, ab initio, and all amounts in excess maximum amount of the Highest Lawful Rate theretofore collected interest allowed by Lender shall applicable law be credited on the principal balance of the Debt Note (or, if the Debt Note has been or would thereby be paid in full, refunded to Borrower), and (B) the provisions of the Notes Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter payable, chargeable or collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable lawslaw, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if thereunder which does not exceed the Notes have been paid in full before the end of the stated term hereof, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in excess of the Highest Lawful Rate, either credit such excess interest against the Debt then owing by Borrower to Lender and/or refund such excess interest to Borrower. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and maximum amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, interest allowed by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lenderapplicable law. All sums contracted for, charged, taken, reserved paid or received by agreed to be paid to Lender for the use, forbearance or and detention of the Debt evidenced by the Note and by the other Loan Documents shall, to the extent permitted by applicable law, be amortized, prorated, allocated or spread, using the actuarial method, and spread throughout the stated full term of the Notes (including any and all renewal and extension periods) such Debt until payment in full so that the rate or amount of interest on account of the such Debt does not exceed the Highest Lawful Rate usury ceiling from time to time in effect and applicable to the such Debt for so long as debt is outstanding. To the extent that Lender is relying on Chapter 303, as amended, of the Texas Finance Code to determine the Maximum Lawful Rate (hereafter defined) payable on such Debt, Lender will utilize the weekly rate ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge or receive a greater amount of interest than Texas law, Lender will rely on United States federal law instead of such Chapter 303, as amended, for the purpose of determining the Maximum Lawful Rate and the maximum amount permitted by applicable Law. Additionally, to the extent permitted by applicable law now or hereafter in effect and the Loan Documents, Lender may, at its option and from time to time, implement any other method of computing the Maximum Lawful Rate under such Chapter 303, as amended, or under other applicable law by giving notice, if required, to Borrower as provided by applicable law now or hereafter in effect. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes or any other part of Debt evidenced by the DebtNote. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. The terms and provisions “Maximum Lawful Rate” shall mean the maximum lawful rate of this paragraph shall control and supersede every other terminterest which may be contracted for, covenant charged, taken, received or provision contained herein, reserved by Lender in any accordance with the applicable laws of the other Loan Documents State of Texas (or in any other document or instrument pertaining to the Debt. (b) To the extent that Lender is relying on Chapter 303 of the Texas Finance Code to determine the Highest Lawful Rate payable on the Notes or any other part of the Debt, Lender will utilize the weekly ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent applicable United States federal law to the extent that it permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law), taking into account all Charges (hereafter defined) made in connection with the loan evidenced by the Note and the Loan Documents. “Charges” shall mean all fees and charges, if any, contracted for, charged, received, taken or reserved by Lender will rely on United States federal law instead of such Chapter 303 for in connection with the purpose of determining the Highest Lawful Rate. Additionally, transactions relating to the extent permitted Note and the Debt evidenced by the Note or by the Loan Documents which are treated as interest under applicable law law. The term “applicable law” as used in this Section 12.20 shall mean the laws of the State of Texas or the laws of the United States, whichever allows the greater rate or amount of non-usurious interest to be contracted for, charged, taken, reserved or received with respect to the Debt evidenced by the Note and the other Loan Documents, as such laws now exist or hereafter may be changed or amended or come into effect in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effectfuture.

Usury Laws. Notwithstanding anything to the contrary contained in this Agreement or any other Loan Document: (a) It is expressly stipulated and agreed to be the intent of Borrower and Lender at all times to comply strictly with the applicable Texas law governing the maximum rate or amount of interest payable on the Debt, or applicable United States federal law to the extent that such law 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 contracted for, charged, taken, reserved or received in respect of the Debt, including by reason of the acceleration of the maturity or the prepayment thereof, then it is Borrower’s and Lender’s the express intent of Borrower and Lender that all amounts charged in excess of the Highest Lawful Rate shall be automatically canceled, ab initio, and all amounts in excess of the Highest Lawful Rate theretofore collected by Lender shall be credited on the principal balance of the Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Notes Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable laws, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Notes have Note has been paid in full before the end of the stated term hereof, then Borrower ay and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in excess of the Highest Lawful Rate, either credit such excess interest against the Debt then owing by Borrower to Lender and/or refund such excess interest to Borrower. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lender. All sums contracted for, charged, taken, reserved or received by Lender for the use, forbearance or detention of the Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated or spread, using the actuarial method, throughout the stated term of the Notes Note (including any and all renewal and extension periods) until payment in full so that the rate or amount of interest on account of the Debt does not exceed the Highest Lawful Rate from time to time in effect and applicable to the Debt for so long as debt the Debt is outstanding. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes Note or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. The terms and provisions of this paragraph shall control and supersede every other term, covenant or provision contained herein, in any of the other Loan Documents or in any other document or instrument pertaining to the Debt.. Loan Agreement Prosper 236, Collin County, Texas 26 (b) To the extent that Lender is relying on Chapter 303 of the Texas Finance Code to determine the Highest Lawful Rate payable on the Notes Note or any other part of the Debt, Lender will utilize the weekly ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead of such Chapter 303 for the purpose of determining the Highest Lawful Rate. Additionally, to the extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effect.

Usury Laws. Notwithstanding anything to the contrary contained in this Agreement or any other Loan Document: (a) It is expressly stipulated the intention of the parties hereto that each Lender shall conform strictly to usury laws applicable to it. Accordingly, the parties hereto stipulate and agreed to be agree that none of the intent of Borrower terms and Lender at all times to comply strictly with provisions contained in the applicable Texas law governing the maximum rate or amount of interest payable on the DebtNotes, this Agreement, or applicable United States federal law to the extent that such law 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 contracted for, charged, taken, reserved or received in respect of the Debtother Credit Documents shall ever be construed to create a contract to pay to any Lender for the use, including by reason forbearance, or detention of the acceleration of the maturity or the prepayment thereof, then it is Borrower’s and Lender’s express intent that all amounts charged money at a rate in excess of the Highest Lawful Rate shall be automatically canceled, ab initioapplicable to such Lender, and that for purposes hereof, "interest" shall include the aggregate of all amounts charges or other consideration which constitute interest under applicable laws and are contracted for, taken, reserved, charged, or received under any of this Agreement, the Notes, or the other Credit Documents or otherwise in excess connection with the transactions contemplated by this Agreement. Further, if the transactions contemplated hereby would be usurious as to any Lender under laws applicable to it then, in that event, notwithstanding anything to the contrary in the Notes, this Agreement or in any other Credit Document or agreement entered into in connection with or as security for the Notes, it is agreed as follows: the aggregate of all consideration which constitutes interest under law applicable to each such Lender that is contracted for, taken, reserved, charged, or received by such Lender under the Notes, this Agreement, or under any of the Highest Lawful Rate theretofore collected other aforesaid Credit Documents or agreements or otherwise in connection with the Notes shall under no circumstances exceed the maximum amount allowed by Lender the law applicable to such Lender, and any excess shall be credited by such Lender on the principal balance amount of the Debt Indebtedness of the Borrower owed to such Lender (or, if the Debt has principal amount of such Indebtedness shall have been or would thereby be paid in full, to the extent such interest has been received by a Lender, it shall be refunded by such Lender to the Borrower). The provisions of this Section 13.18(a) shall control over all other provisions of this Agreement, the Notes, and the provisions other Credit Documents which may be in apparent conflict herewith. The parties further stipulate and agree that, without limitation on the foregoing, all calculations of the Notes rate or amount of interest contracted for, taken, reserved, charged or received under any of this Agreement, the Notes, and the other Loan Credit Documents shall immediately be deemed reformed and which are made for the amounts thereafter collectible hereunder and thereunder reduced, without the necessity purpose of the execution of any new document, so as to comply with the applicable laws, but so as to permit the recovery of the fullest determining whether such rate or amount otherwise called for hereunder and thereunder; provided, however, if the Notes have been paid in full before the end of the stated term hereof, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in excess of exceed the Highest Lawful Rate, either credit such excess interest against the Debt then owing by Borrower to Lender and/or refund such excess interest to Borrower. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender Rate shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lender. All sums contracted for, charged, taken, reserved or received by Lender for the use, forbearance or detention of the Debt shallbe made, to the extent permitted by applicable law, be amortizedby amortizing, proratedprorating, allocated or spreadallocating, using and spreading during the actuarial method, throughout period of the full stated term of the Notes (including any Indebtedness, and all renewal if longer and extension periods) if permitted by applicable law, until payment in full so that the rate or amount of interest on account of the Debt does not exceed the Highest Lawful Rate from time to time in effect and applicable to the Debt for so long as debt is outstanding. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documentsfull, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned all interest at the any time of such acceleration. The terms and provisions of this paragraph shall control and supersede every other term, covenant or provision contained herein, in any of the other Loan Documents or in any other document or instrument pertaining to the Debt. (b) To the extent that Lender is relying on Chapter 303 of the Texas Finance Code to determine the Highest Lawful Rate payable on the Notes or any other part of the Debt, Lender will utilize the weekly ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract so contracted for, chargetaken, takereserved, receive charged, or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead of such Chapter 303 for the purpose of determining the Highest Lawful Rate. Additionally, to the extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effectreceived.

Usury Laws. Notwithstanding anything This Agreement, the Additional Security Documents, the Reimbursement Agreement and the L/C Documents as assigned and amended hereby are subject to the contrary contained in this express condition that at no time shall Owner be obligated or required to pay interest on the Reimbursement Amount or any portion thereof or any other charges or amounts at a rate which could subject CRE or any other the holder of the Additional Security Documents, the Reimbursement Agreement or any other Loan Document: (a) It is expressly stipulated and agreed to be the intent of Borrower and Lender at all times to comply strictly with the applicable Texas law governing the maximum rate or amount of interest payable on the Debt, or applicable United States federal law to the extent that such law 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 contracted for, charged, taken, reserved or received in respect of the Debt, including by reason other L/C Documents as assigned and amended hereby to either civil or criminal liability as a result of the acceleration of the maturity or the prepayment thereof, then it is Borrower’s and Lender’s express intent that all amounts charged being in excess of the Highest Lawful Rate shall be automatically canceledmaximum interest rate which Owner is permitted by applicable law to contract or agree to pay. If by the terms of the Additional Security Documents, ab initiothis Agreement, the Reimbursement Agreement or any of the other L/C Documents as assigned and all amended hereby, Owner is at any time required or obligated to pay interest on the indebtedness evidenced thereby, or any portion thereof or any other charges or amounts at a rate in excess of such maximum rate, the Highest Lawful Rate theretofore collected by Lender rate of interest and other charges or amounts under the terms of the Additional Security Documents, this Agreement, the Reimbursement Agreement or any of the other L/C Documents as assigned and amended hereby shall be credited on deemed to be immediately reduced to such maximum rate and the interest payable shall be computed at such maximum rate and all prior interest payments in excess of such maximum rate shall be applied and shall be deemed to have been payments in reduction of the principal balance of the Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Notes and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable laws, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Notes have been paid in full before the end of the stated term hereof, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in excess of the Highest Lawful Rate, either credit such excess interest against the Debt then owing by Borrower to Lender and/or refund such excess interest to Borrower. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to LenderReimbursement Amount. All sums contracted for, charged, taken, reserved paid or received by Lender agreed to be paid to CRE for the use, forbearance forbearance, or detention of the Debt indebtedness evidenced by this Agreement, the Additional Security Documents, the Reimbursement Agreement and the other L/C Documents as assigned and amended hereby shall, to the extent permitted by applicable law, be amortized, prorated, allocated or spreadallocated, using the actuarial method, and spread throughout the full stated term of the Notes (including any and all renewal and extension periods) until payment in full so that the rate or amount of interest on account of the Debt such indebtedness does not exceed the Highest Lawful Rate maximum lawful rate of interest from time to time in effect and applicable to the Debt such debt for so long as such debt is outstanding. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. The terms and provisions of this paragraph shall control and supersede every other term, covenant or provision contained herein, in any of the other Loan Documents or in any other document or instrument pertaining to the Debt. (b) To the extent that Lender is relying on Chapter 303 of the Texas Finance Code to determine the Highest Lawful Rate payable on the Notes or any other part of the Debt, Lender will utilize the weekly ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead of such Chapter 303 for the purpose of determining the Highest Lawful Rate. Additionally, to the extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effect.

Usury Laws. Notwithstanding anything It is the intention of the parties hereto to comply with applicable usury laws; accordingly, it is agreed that notwithstanding any provisions to the contrary contained in this Restated Credit Agreement or in any other Loan Document: (a) It is expressly stipulated and agreed to be of the intent documents evidencing or securing payment hereof or otherwise relating hereto, in no event shall this Restated Credit Agreement or such instruments or documents require or permit the payment, charging, taking, reserving or receiving of Borrower and Lender at all times to comply strictly with the any sums constituting interest, as defined under applicable Texas law governing usury laws, in excess of the maximum rate or amount permitted by such laws. If any such excess of interest payable on the Debt, or applicable United States federal law to the extent that such law permits Lender to contract is contracted 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 contracted forpaid, charged, taken, reserved or received in respect under this Restated Credit Agreement or under the terms of any of the Debtdocuments evidencing or securing payment hereof or otherwise relating hereto, including or in any communication by reason of the acceleration of the maturity Bank or the prepayment thereof, then it is Borrower’s and Lender’s express intent that all amounts charged in excess of the Highest Lawful Rate shall be automatically canceled, ab initio, and all amounts in excess of the Highest Lawful Rate theretofore collected by Lender shall be credited on the principal balance of the Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Notes and the any other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable laws, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Notes have been paid in full before the end of the stated term hereof, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in excess of the Highest Lawful Rate, either credit such excess interest against the Debt then owing by Borrower to Lender and/or refund such excess interest to Borrower. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest person to Borrower or crediting any other party liable for the payment of the indebtedness evidenced hereby, or if the maturity of the indebtedness is accelerated in whole or in part, or in the event that all or part of the principal or interest shall be prepaid, so that under any of such excess circumstances or under any other circumstances whatsoever, the amount of interest against the Debt then owing by Borrower to Lender. All sums contracted for, paid, charged, taken, reserved or received under this Restated Credit Agreement or under any of the documents securing payment hereof or otherwise relating hereto, on the amount of principal actually outstanding from time to time shall exceed the maximum amount of interest permitted by Lender applicable usury laws, then in any such event (a)_the provisions of this Section shall govern and control, (b)_any such excess shall be canceled automatically to the extent of such excess, and shall not be collected or collectible, (c)_any such excess which is or has been received shall be credited against the then unpaid principal balance hereof or refunded to Borrower, at the Bank's option, and (d)_the effective rate of interest shall be automatically reduced to the maximum lawful rate allowed under applicable laws as construed by courts having jurisdiction thereof. It is further agreed that, without limitation of the foregoing, all calculations of the rate of interest contracted for, paid, charged, taken, reserved or received under this Restated Credit Agreement or under such other documents or instruments that are made for the usepurpose of determining whether such rate exceeds the maximum lawful rate of interest, forbearance or detention of the Debt shallshall be made, to the extent permitted by applicable lawusury laws, be amortizedby amortizing, proratedprorating, allocated or spread, using allocating and spreading in equal parts during the actuarial method, throughout period of the full stated term of the Notes (including any and indebtedness, all renewal and extension periods) until payment in full so that the rate or amount of interest on account of the Debt does not exceed the Highest Lawful Rate from time to time in effect and applicable to the Debt for so long as debt is outstanding. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at any time contracted for, paid, charged, taken, reserved or received from the time of such accelerationBorrower or otherwise by the holder or holders hereof. The terms and provisions of this paragraph Section shall control be deemed to be incorporated in every loan document, security instrument, debt instrument and supersede every other term, covenant or provision contained herein, in any communication relating to this Restated Credit Agreement and the loan evidenced hereby. The term "applicable usury laws" shall mean such laws of the other Loan Documents State of Texas or in any other document or instrument pertaining to the Debt. (b) To the extent that Lender is relying on Chapter 303 laws of the Texas Finance Code United States, whichever laws allow the higher rate of interest, as such laws now exist; provided, however, that if such laws shall hereafter allow higher rates of interest, then the applicable usury laws shall be the laws allowing the higher rates, to determine the Highest Lawful Rate payable on the Notes or any other part be effective as of the Debt, Lender will utilize the weekly ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead effective date of such Chapter 303 for the purpose of determining the Highest Lawful Rate. Additionally, to the extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effectlaws.

Usury Laws. Notwithstanding anything to the contrary contained in this Agreement or any other Loan Document: (a) It is expressly stipulated and agreed to be the express intent of hereof that Borrower not pay and Lender at all times to comply strictly with the applicable Texas law governing the maximum rate not receive, directly or amount of indirectly in any manner whatsoever, interest payable on the Debt, or applicable United States federal law to the extent that such law 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 contracted for, charged, taken, reserved or received in respect of the Debt, including by reason of the acceleration of the maturity or the prepayment thereof, then it is Borrower’s and Lender’s express intent that all amounts charged in excess of the Highest Lawful Rate shall that which may be automatically canceled, ab initiolegally paid by Borrower under applicable law, and all amounts in excess of the Highest Lawful Rate theretofore collected by note is subject to the express condition that at no time shall Borrower be obligated or required to pay, nor shall Lender shall be credited permitted to collect, interest on the principal balance of the Debt (or, if the Debt has been Note at a rate which could subject Lender to either civil or would thereby be paid in full, refunded to Borrower), and the provisions criminal liability as a result of the Notes and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable laws, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Notes have been paid in full before the end of the stated term hereof, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount being in excess of the Highest Lawful Rate, either credit maximum rate which Borrower is permitted by law to agree to pay. If any such excess interest against the Debt then owing by Borrower to Lender and/or refund such excess interest to Borrower. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lender. All sums is contracted for, charged, takenpaid, reserved received or applied under the Loan Documents or the Note, or in the event the maturity of the indebtedness secured hereby is accelerated in whole or in part or all or part of the principal of or interest on the Note shall be prepaid, so that under any of such circumstances the amount of interest contracted for, charged, paid, received or applied under the Loan Documents or the Note on the amount of principal actually outstanding from time to time under the Note shall exceed the maximum amount of interest permitted by applicable law, then in any such event (a) neither Borrower nor any other person liable for payment of the indebtedness secured hereby shall be obligated to pay the amount of such interest to the extent that it is in excess of the maximum amount of interest permitted by applicable law, (b) any such excess which may have been collected shall, at Xxxxxx's option, either be applied as a credit against the then unpaid principal amount of the Note or refunded to Borrower and (c) the effective rate of interest shall be automatically reduced to the maximum lawful rate of interest allowed under applicable law, as now or hereafter construed by the courts having jurisdiction thereof. Without limiting the generality of the foregoing, all calculations of the rate of interest contracted for, charged or received by Lender under the Loan Documents or the Note which are made for the use, forbearance or detention purposes of determining whether such rate exceeds the Debt shallmaximum amount of interest permitted by applicable law shall be made, to the extent permitted by applicable law, be amortizedby amortizing, proratedprorating, allocated or spread, using allocating and spreading in equal parts during the actuarial method, throughout period of the full stated term of the Notes (including any and Note, all renewal and extension periods) until payment in full so that the rate or amount of interest on account of the Debt does not exceed the Highest Lawful Rate from time to time in effect and applicable to the Debt for so long as debt is outstanding. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the any time of such acceleration. The terms and provisions of this paragraph shall control and supersede every other term, covenant or provision contained herein, in any of the other Loan Documents or in any other document or instrument pertaining to the Debt. (b) To the extent that Lender is relying on Chapter 303 of the Texas Finance Code to determine the Highest Lawful Rate payable on the Notes or any other part of the Debt, Lender will utilize the weekly ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract contracted for, charge, take, receive charged or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead of such Chapter 303 for received in connection with the purpose of determining indebtedness evidenced by the Highest Lawful Rate. Additionally, to the extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effectNote.

Usury Laws. Notwithstanding anything It is the intention of the parties to this Note to comply with all applicable laws, including, without limitation, usury laws. In furtherance thereof, Xxxxxxxx and the contrary General Partner and Xxxxxx stipulate and agree that none of the terms and provisions contained in this Agreement Note or any the other Loan Document: (a) It is expressly stipulated and agreed Documents shall ever be construed to be create a contract to pay for the intent of Borrower and Lender at all times to comply strictly with the applicable Texas law governing the maximum rate or amount of interest payable on the Debtuse, forbearance, or applicable United States federal law to the extent that such law permits Lender to contract fordetention of money, chargeor interest, 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 contracted for, charged, taken, reserved or received in respect of the Debt, including by reason of the acceleration of the maturity or the prepayment thereof, then it is Borrower’s and Lender’s express intent that all amounts charged in excess of the Highest Lawful Rate maximum amount of interest permitted to be charged by applicable law in effect from time to time. Neither Borrower nor any present or future guarantors, endorsers, or other persons or entities hereafter becoming liable for payment of Borrower’s obligations hereunder and under the other Loan Documents shall ever be automatically canceled, ab initio, and all amounts liable for unearned interest thereon or shall ever be required to pay interest thereon in excess of the Highest Lawful Rate theretofore collected by Lender shall maximum amount that may be credited on the principal balance of the Debt (or, if the Debt has been or would thereby be paid lawfully charged under applicable law from time to time in full, refunded to Borrower)effect, and the provisions of this Section 11 shall control over all other provisions of the Notes and the other Loan Documents shall immediately that may be deemed reformed in conflict or apparent conflict herewith. Lender expressly disavows any intention to charge or collect excessive unearned interest or finance charges in the event the maturity of this Note is accelerated. If (a) the maturity of this Note is accelerated for any reason, (b) this Note is prepaid and the as a result any amounts thereafter collectible hereunder and thereunder reduced, without the necessity held to constitute interest are determined to be in excess of the execution of legal maximum, or (c) Lender or any new document, so as to comply with the applicable laws, but so as to permit the recovery other holder of the fullest amount Note shall otherwise called for hereunder and thereunder; provided, however, if collect moneys which are determined to constitute interest which would otherwise increase the Notes have been paid in full before the end of the stated term hereof, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in hereon to an amount in excess of the Highest Lawful Rate, either credit such excess interest against the Debt then owing by Borrower that permitted to Lender and/or refund such excess interest to Borrower. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lender. All sums contracted for, charged, taken, reserved or received by Lender for the use, forbearance or detention of the Debt shall, to the extent permitted be charged by applicable law, then all sums determined to constitute interest in excess of such legal limit shall, without penalty, be amortizedpromptly applied to reduce the then outstanding principal of this Note or, proratedat Lender's or such holder's option, allocated promptly returned to Borrower or spreadthe other payor thereof upon such determination. In determining whether or not the interest paid or payable, using under any specific circumstance, exceeds the actuarial methodmaximum amount permitted under applicable law, throughout Lender and Borrower (and any other payors of this Note) shall to the stated term of greatest extent permitted under applicable law, (a) characterize any non-principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the Notes effects thereof, and (including any c) amortize, prorate, allocate, and all renewal and extension periods) until payment in full so that spread the rate or total amount of interest on account throughout the entire contemplated term of this Note in accordance with the Debt does not exceed amounts outstanding from time to time hereunder and the Highest Lawful Rate maximum legal rate of interest from time to time in effect and under applicable law in order to lawfully charge the Debt for so long as debt is outstandingmaximum amount of interest permitted under applicable law. In no the event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any applicable law provides for an interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. The terms and provisions of this paragraph shall control and supersede every other term, covenant or provision contained herein, in any of the other Loan Documents or in any other document or instrument pertaining to the Debt. (b) To the extent that Lender is relying on ceiling under Chapter 303 of the Texas Finance Code to determine (the Highest Lawful Rate payable on “Texas Finance Code”) as amended, for that day, the Notes or any other part ceiling shall be the “weekly ceiling” as defined in the Texas Finance Code. As used in this section the term “applicable law” means the laws of the DebtState of Texas or the laws of the United States of America, Lender will utilize whichever laws allow the weekly ceiling from time to time in effect as provided in such Chapter 303greater interest, as amended. To such laws now exist or may be changed or amended or come into effect in the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead of such Chapter 303 for the purpose of determining the Highest Lawful Rate. Additionally, to the extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effectfuture.

Usury Laws. Notwithstanding anything to the contrary contained in this Agreement or any other Loan Document: (a) It is expressly stipulated and agreed to be the intent of Borrower and each Borrower-Related Party and Lender at all times to comply strictly with the applicable Texas law governing the maximum rate or amount of interest payable on the Debt, or applicable United States federal law to the extent that such law 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 contracted for, charged, taken, reserved or received in respect of the Debt, including by reason of the acceleration of the maturity or the prepayment thereof, then it is Borrower’s and Lender’s the express intent of Borrower and each Borrower-Related Party and Lender that all amounts charged in excess of the Highest Lawful Rate shall be automatically canceled, ab initio, and all amounts in excess of the Highest Lawful Rate theretofore collected by Lender shall be credited on the principal balance of the Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Notes Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable laws, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Notes have Note has been paid in full before the end of the stated term hereof, then Borrower and each Borrower-Related Party and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in excess of the Highest Lawful Rate, either credit such excess interest against the Debt then owing by Borrower to Lender and/or refund such excess interest to Borrower. Borrower and each Borrower-Related Party hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lender. All sums contracted for, charged, taken, reserved or received by Lender for the use, forbearance or detention of the Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated or spread, using the actuarial method, throughout the stated term of the Notes Note (including any and all renewal and extension periods) until payment in full so that the rate or amount of interest on account of the Debt does not exceed the Highest Lawful Rate from time to time in effect and applicable to the Debt for so long as debt the Debt is outstanding. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes Note or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. The terms and provisions of this paragraph shall control and supersede every other term, covenant or provision contained herein, in any of the other Loan Documents or in any other document or instrument pertaining to the Debt.. Loan Agreement – Sxxxxxxx Xxxxxx 0X, Xxxx Xxxx Xxxxxx, Xxxxx 32 (b) To the extent that Lender is relying on Chapter 303 of the Texas Finance Code to determine the Highest Lawful Rate payable on the Notes Note or any other part of the Debt, Lender will utilize the weekly ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead of such Chapter 303 for the purpose of determining the Highest Lawful Rate. Additionally, to the extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effect.

Usury Laws. Notwithstanding anything to the contrary contained in this Agreement or any other Loan Document: (a) It is expressly stipulated and agreed to be the intent intention of the Borrower and Lender at the Holder of this Warrant Conversion Note to conform strictly to all times to comply strictly with the applicable Texas law governing the maximum rate usury laws now or amount of hereafter in force, and any interest payable on the Debt, or applicable United States federal law under this Warrant Conversion Note shall be subject to the extent that such law permits Lender reduction to contract for, charge, take, reserve or receive a greater an amount of interest than under Texas law. If the applicable law is ever judicially interpreted so as to render usurious any amount contracted for, charged, taken, reserved or received in respect of the Debt, including by reason of the acceleration of the maturity or the prepayment thereof, then it is Borrower’s and Lender’s express intent that all amounts charged not in excess of the Highest Lawful Rate shall be automatically canceledmaximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Warrant Conversion Note is accelerated by reason of an election by the Holder hereof resulting from an Event of Default, ab initiovoluntary prepayment by the Borrower or otherwise, then the earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and all amounts any interest in excess of the Highest Lawful Rate theretofore collected maximum amount permitted by Lender law shall be canceled automatically and, if theretofore paid, shall at the option of the Holder hereof either be rebated to the Borrower or credited on the principal balance Principal Balance of the Debt (orthis Warrant Conversion Note, or if the Debt this Warrant Conversion Note has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Notes and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable laws, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Notes have been paid in full before the end of the stated term hereofpaid, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in the excess of shall be rebated to the Highest Lawful Rate, either credit such excess interest against the Debt then owing by Borrower to Lender and/or refund such excess interest to Borrower. Borrower hereby agrees that The aggregate of all interest (whether designated as a condition precedent to any claim seeking usury penalties against Lenderinterest, Borrower will provide written notice to Lenderservice charges, advising Lender in reasonable detail of the nature and amount of the violation, and Lender shall have sixty (60points or otherwise) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lender. All sums contracted for, chargedchargeable, taken, reserved or received by Lender for the use, forbearance or detention of the Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated or spread, using the actuarial method, throughout the stated term of the Notes (including any and all renewal and extension periods) until payment in full so that the rate or amount of interest on account of the Debt does not receivable under this Warrant Conversion Note shall under no circumstances exceed the Highest Lawful Rate from time to time in effect and applicable to maximum legal rate upon the Debt for so long as debt is outstanding. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. The terms and provisions Principal Balance of this paragraph shall control and supersede every other term, covenant or provision contained herein, in any of the other Loan Documents or in any other document or instrument pertaining to the Debt. (b) To the extent that Lender is relying on Chapter 303 of the Texas Finance Code to determine the Highest Lawful Rate payable on the Notes or any other part of the Debt, Lender will utilize the weekly ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead of such Chapter 303 for the purpose of determining the Highest Lawful Rate. Additionally, to the extent permitted by applicable law now or hereafter in effect, Lender may, at its option and Warrant Conversion Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, utilize any other method of establishing the Highest Lawful Rate under it shall be deemed a mistake and such Chapter 303 or under other applicable law by giving noticeexcess shall be canceled automatically and, if requiredtheretofore paid, at the option of the Holder hereof either be rebated to Borrower as provided by the Borrowers or credited on the Principal Balance of this Warrant Conversion Note, or if this Warrant Conversion Note has been repaid, then such applicable law now or hereafter in effectexcess shall be rebated to the Borrower.

Usury Laws. Notwithstanding anything The parties hereto intend to contract in strict compliance with applicable usury law from time to time in effect. In furtherance thereof, the contrary parties hereto stipulate and agree that none of the terms and provisions contained in this Agreement Mortgage or any other Loan Document: (a) It is expressly stipulated and agreed Document shall ever be construed to be the intent of Borrower and Lender at all times create a contract to comply strictly with the applicable Texas law governing the maximum rate or amount of interest payable on the Debtpay, or applicable United States federal law to the extent that such law 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 contracted for, charged, taken, reserved or received in respect of the Debt, including by reason of the acceleration of the maturity or the prepayment thereof, then it is Borrower’s and Lender’s express intent that all amounts charged in excess of the Highest Lawful Rate shall be automatically canceled, ab initio, and all amounts in excess of the Highest Lawful Rate theretofore collected by Lender shall be credited on the principal balance of the Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Notes and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable laws, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Notes have been paid in full before the end of the stated term hereof, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in excess of the Highest Lawful Rate, either credit such excess interest against the Debt then owing by Borrower to Lender and/or refund such excess interest to Borrower. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lender. All sums contracted for, charged, taken, reserved or received by Lender for the use, forbearance or detention of money, interest in excess of the Debt maximum amount of interest permitted to be charged by applicable law from time to time in effect. Mortgagor, any present or future guarantor or any other person hereafter becoming liable for the payment of the Obligations, shall ever be liable for unearned interest thereon or shall ever be required to pay interest thereon in excess of the maximum amount that may be lawfully charged under applicable law from time to time in effect, and the provisions of this paragraph shall control over all other provision of the Loan Documents which may be in conflict therewith. If any indebtedness or obligation owed by Mortgagor under the Loan Documents is prepaid or accelerated and as a result any amounts held to constitute interest are determined to be in excess of the legal maximum, or Mortgagee shall otherwise collect moneys which are determined to constitute interest which would otherwise increase the interest on all or any part of such obligations to an amounts in excess of that permitted to be charged by applicable law then in effect, then all such sums determined to constitute interest in excess of such legal limit shall, without penalty, be promptly applied to reduce the extent then outstanding principal of the related indebtedness or obligations or, at Mortgagee's option returned to Mortgagor or the other payor thereof upon such determination. In determining whether or not any amount paid or payable, under any circumstance, exceeds the maximum amount permitted by under applicable law, be amortizedMortgagee and Mortgagor shall to the greatest extent permitted under applicable law, proratedcharacterize any non-principal payment as an expense, allocated fee or spreadpremium rather than as interest, using and amortize, prorate, allocate and spread the actuarial method, total amount of interest throughout the stated entire contemplated term of the Notes (including any Note in accordance with the amounts outstanding from time to time hereunder and all renewal and extension periods) until payment in full so that the rate or amount of interest on account of the Debt does not exceed the Highest Lawful Maximum Rate from time to time in effect and under applicable law in order to lawfully charge the Debt for so long as debt is outstanding. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. The terms and provisions of this paragraph shall control and supersede every other term, covenant or provision contained herein, in any of the other Loan Documents or in any other document or instrument pertaining to the Debt. (b) To the extent that Lender is relying on Chapter 303 of the Texas Finance Code to determine the Highest Lawful Rate payable on the Notes or any other part of the Debt, Lender will utilize the weekly ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater maximum amount of interest than permitted under Texas applicable law. If at any time the rate at which interest is payable hereunder exceeds the Maximum Rate, Lender will rely on United States federal law instead of such Chapter 303 for the purpose of determining the Highest Lawful Rate. Additionally, to the extent permitted by applicable law now or hereafter in effect, Lender may, amount outstanding hereunder shall bear interest at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effect.the

Usury Laws. Notwithstanding anything This Note is intended to be performed in accordance with, and only to the contrary contained in this Agreement extent permitted by, all applicable usury laws. If any provision hereof or the application thereof to any person or circumstance shall, for any reason and to any extent, be invalid or unenforceable, neither the application of such provision to any other Loan Document: (a) person or circumstance nor the remainder of the instrument in which such provision is contained shall be affected thereby and shall be enforced to the greatest extent permitted by law. It is expressly stipulated and agreed to be the intent of Borrower and Lender the Holder hereof to at all times to comply strictly with the usury and other applicable Texas law laws now or hereafter governing the maximum rate or amount of interest payable on the Debt, or applicable United States federal law to the extent that such law permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas lawindebtedness evidenced by this Note. If the applicable law is ever revised, repealed or judicially interpreted so as to render usurious any amount called for under this Note, or contracted for, charged, taken, reserved or received with respect to the indebtedness evidenced by this Note, or if any prepayment by the Company results in respect the Company having paid any interest in excess of the Debt, including that permitted by reason of the acceleration of the maturity or the prepayment thereoflaw, then it is Borrower’s and Lender’s the express intent of the Company and the Holder that all excess amounts charged in excess of the Highest Lawful Rate shall be automatically canceled, ab initio, and all amounts in excess of the Highest Lawful Rate theretofore collected by Lender shall the Holder be credited on the principal balance of the Debt Note (or, if the Debt Note has been or would thereby be paid in full, refunded to Borrowerthe Company), and the provisions of the Notes and the other Loan Documents shall this Note immediately be deemed reformed and the amounts thereafter collectible collectable hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the then applicable lawslaw, but so as to permit the recovery of the fullest amount otherwise called for hereunder and or thereunder; provided, however, if the Notes have been paid in full before the end of the stated term hereof, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in excess of the Highest Lawful Rate, either credit such excess interest against the Debt then owing by Borrower to Lender and/or refund such excess interest to Borrower. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lender. All sums contracted forpaid, chargedor agreed to be paid, taken, reserved or received by Lender the Company for the use, forbearance forbearance, detention, taking, charging, receiving or detention reserving of the Debt indebtedness of the Company to the Holder under this Note shall, to the maximum extent permitted by applicable law, be amortized, prorated, allocated or spread, using the actuarial method, and spread throughout the stated full term of the Notes (including any and all renewal and extension periods) such indebtedness until payment in full so that the rate or amount of interest on account of the Debt such indebtedness does not exceed the Highest Lawful Rate usury ceiling from time to time in effect and applicable to the Debt such indebtedness for so long as debt such indebtedness is outstanding. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. The terms and provisions of this paragraph shall control and supersede every other term, covenant or provision contained herein, in any of the other Loan Documents or in any other document or instrument pertaining to the Debt. (b) To the extent that Lender is relying on Chapter 303 of the Texas Finance Code to determine the Highest Lawful Rate payable on the Notes or any other part of the Debt, Lender will utilize the weekly ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead of such Chapter 303 for the purpose of determining the Highest Lawful Rate. Additionally, to the extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effect.

Usury Laws. (a) Notwithstanding anything to the contrary contained in this Agreement Note or any other Loan Document: , (ai) It is expressly stipulated and agreed to be the intent of Borrower and Lender at all times to comply strictly with the applicable Texas law governing the maximum rate or amount of this Note shall never bear interest payable on the Debt, or applicable United States federal law to the extent that such law 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 contracted for, charged, taken, reserved or received in respect of the Debt, including by reason of the acceleration of the maturity or the prepayment thereof, then it is Borrower’s and Lender’s express intent that all amounts charged in excess of the Highest Lawful Rate shall be automatically canceled, ab initio, and all amounts in excess of the Highest Lawful Rate theretofore collected by Lender shall be credited on the principal balance of the Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Notes and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable laws, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Notes have been paid in full before the end of the stated term hereof, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in excess of the Highest Lawful Rate, either credit and (ii) if at any time the rate at which interest is payable on this Note is limited by the Highest Lawful Rate by the foregoing clause (i) or by reference to the Highest Lawful Rate in the definitions of Base Rate and Default Rate, then this Note shall bear interest at the Highest Lawful Rate and shall continue to bear interest at the Highest Lawful Rate until such excess time as the total amount of interest against accrued on this Note equals (but does not exceed) the Debt then owing by Borrower total amount of interest which would have accrued on this Note, had there been no Highest Lawful Rate applicable to Lender and/or refund such excess interest to Borrower. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail this Note. (b) It is the intention of the nature parties hereto that all aspects of this Note and amount the other Loan Documents, and the transactions contemplated hereby and thereby, comply with all laws, including, specifically, any applicable usury laws. In furtherance thereof, Borrowers, the Borrower Principals, Pledgors and Lender stipulate and agree that none of the violation, terms and Lender provisions contained in this Note or the other Loan Documents shall have sixty (60) days after receipt of such notice in which ever be construed to correct such usury violation, if any, by either refunding such excess interest create a contract to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lender. All sums contracted for, charged, taken, reserved or received by Lender pay for the use, forbearance forbearance, or detention of money, or interest, in excess of the Debt shallmaximum amount of interest permitted to be charged by applicable law in effect from time to time. No Borrower, Pledgor or Borrower Principal nor any present or future guarantors, endorsers, or other persons or entities hereafter becoming liable for payment of Borrowers’ obligations hereunder and under the other Loan Documents shall ever be liable for unearned interest thereon or shall ever be required to pay interest thereon in excess of the extent maximum amount that may be lawfully charged under applicable law from time to time in effect, and the provisions of this Section 11 shall control over all other provisions of the Loan Documents that may be in conflict or apparent conflict herewith. Lender expressly disavows any intention to charge or collect excessive unearned interest or finance charges in the event the maturity of this Note is accelerated. If (i) the maturity of this Note is accelerated for any reason, (ii) this Note is prepaid and as a result any amounts held to constitute interest are determined to be in excess of the legal maximum, or (iii) Lender or any other holder of this Note shall otherwise collect moneys which are determined to constitute interest which would otherwise increase the interest hereon to an amount in excess of that permitted to be charged by applicable law, then all sums determined to constitute interest in excess of such legal limit shall, without penalty, be amortizedpromptly applied to reduce the then outstanding principal of this Note or, proratedat Lender’s or such holder’s option, allocated promptly returned to Borrowers or spreadthe other payor thereof upon such determination. In determining whether or not the interest paid or payable, using under any specific circumstance, exceeds the actuarial methodmaximum amount permitted under applicable law, throughout Lender and Borrowers (and any other payors of this Note) shall to the stated term of greatest extent permitted under applicable law, (i) characterize any non-principal payment as an expense, fee or premium rather than as interest, (ii) exclude voluntary prepayments and the Notes effects thereof, and (including any iii) amortize, prorate, allocate, and all renewal and extension periods) until payment in full so that spread the rate or total amount of interest on account throughout the entire contemplated term of this Note in accordance with the Debt does not exceed amounts outstanding from time to time hereunder and the Highest Lawful Rate maximum legal rate of interest from time to time in effect and under applicable law in order to lawfully charge the Debt for so long as debt is outstandingmaximum amount of interest permitted under applicable law. In no the event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any applicable law provides for an interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. The terms and provisions of this paragraph shall control and supersede every other term, covenant or provision contained herein, in any of the other Loan Documents or in any other document or instrument pertaining to the Debt. (b) To the extent that Lender is relying on ceiling under Chapter 303 of the Texas Finance Code to determine (the Highest Lawful Rate payable on “Texas Finance Code”) as amended, for that day, the Notes or any other part ceiling shall be the “weekly ceiling” as defined in the Texas Finance Code. As used in this section the term “applicable law” means the laws of the DebtState of Texas or the laws of the United States of America, Lender will utilize whichever laws allow the weekly ceiling from time to time in effect as provided in such Chapter 303greater interest, as amended. To such laws now exist or may be changed or amended or come into effect in the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead of such Chapter 303 for the purpose of determining the Highest Lawful Rate. Additionally, to the extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effectfuture.

Usury Laws. Notwithstanding anything The parties hereto intend to contract in strict compliance with applicable usury law from time to time in effect. In furtherance thereof, the contrary parties hereto stipulate and agree that none of the terms and provisions contained in this Agreement Mortgage or any other Loan Document: (a) It is expressly stipulated and agreed Document shall ever be construed to be the intent of Borrower and Lender at all times create a contract to comply strictly with the applicable Texas law governing the maximum rate or amount of interest payable on the Debtpay, or applicable United States federal law to the extent that such law 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 contracted for, charged, taken, reserved or received in respect of the Debt, including by reason of the acceleration of the maturity or the prepayment thereof, then it is Borrower’s and Lender’s express intent that all amounts charged in excess of the Highest Lawful Rate shall be automatically canceled, ab initio, and all amounts in excess of the Highest Lawful Rate theretofore collected by Lender shall be credited on the principal balance of the Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Notes and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable laws, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Notes have been paid in full before the end of the stated term hereof, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in excess of the Highest Lawful Rate, either credit such excess interest against the Debt then owing by Borrower to Lender and/or refund such excess interest to Borrower. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lender. All sums contracted for, charged, taken, reserved or received by Lender for the use, forbearance or detention of money, interest in excess of the Debt maximum amount of interest permitted to be charged by applicable law from time to time in effect. Mortgagor, any present or future guarantor or any other person hereafter becoming liable for the payment of the Obligations, shall ever be liable for unearned interest thereon or shall ever be required to pay interest thereon in excess of the maximum amount that may be lawfully charged under applicable law from time to time in effect, and the provisions of this paragraph shall control over all other provision of the Loan Documents which may be in conflict therewith. If any indebtedness or obligation owed by Mortgagor under the Loan Documents is prepaid or accelerated and as a result any amounts held to constitute interest are determined to be in excess of the legal maximum, or Mortgagee shall otherwise collect moneys which are determined to constitute interest which would otherwise increase the interest on all or any part of such obligations to an amounts in excess of that permitted to be charged by applicable law then in effect, then all such sums determined to constitute interest in excess of such legal limit shall, without penalty, be promptly applied to reduce the extent then outstanding principal of the related indebtedness or obligations or, at Mortgagee's option returned to Mortgagor or the other payor thereof upon such determination. In determining whether or not any amount paid or payable, under any circumstance, exceeds the maximum amount permitted by under applicable law, be amortizedMortgagee and Mortgagor shall to the greatest extent permitted under applicable law, proratedcharacterize any non-principal payment as an expense, allocated fee or spreadpremium rather than as interest, using and amortize, prorate, allocate and spread the actuarial method, total amount of interest throughout the stated entire contemplated term of the Notes (including any Loan Agreement in accordance with the amounts outstanding from time to time hereunder and all renewal and extension periods) until payment in full so that the rate or amount of interest on account of the Debt does not exceed the Highest Lawful Maximum Rate from time to time in effect and under applicable law in order to lawfully charge the Debt for so long as debt maximum amount of interest permitted under applicable law. If at any time the rate at which interest is outstanding. In no event payable hereunder exceeds the Maximum Rate, the amount outstanding hereunder shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned bear interest at the Maximum Rate only, but shall continue to bear interest at the Maximum Rate until such time as the total amount of such accelerationinterest accrued hereunder equals (but does not exceed) the total amount of interest which would have accrued hereunder had there been no Maximum Rate applicable hereto. The terms and provisions of this paragraph shall control and supersede every other term, covenant or provision contained herein, in any of In the other Loan Documents or in any other document or instrument pertaining to the Debt. (b) To the extent that Lender is relying on event applicable law provides for an interest ceiling under Chapter 303 of the Texas Finance Code to determine Code, that ceiling shall be the Highest Lawful Rate payable on the Notes or any other part of the Debt, Lender will utilize the weekly indicated (weekly) ceiling from time to time and shall be used when appropriate in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead of such Chapter 303 for the purpose of determining the Highest Lawful Rate. Additionally, to the extent maximum rate permitted by applicable law law. As used in this section, (i) the term "applicable law" means the laws of the State of Texas or the laws of the United States of America, whichever laws allow the greater interest, as such laws now exist or hereafter may be changed or amended or come into effect in effectthe future, Lender mayand (ii) the term "MAXIMUM RATE" means, at its option and from the time to timeof determination, utilize any other method the maximum rate of establishing the Highest Lawful Rate interest which, under such Chapter 303 or under other applicable law by giving noticelaw, if required, to Borrower as provided by such applicable law now or hereafter in effectmay then be charged hereunder.

Usury Laws. Notwithstanding anything to the contrary contained in this Agreement or any other Loan Document: (a) 1. . It is expressly stipulated and agreed to be the intent intention of Borrower and Lender at all times the parties hereto to comply strictly with the all applicable Texas law governing the maximum rate usury laws. All agreements between Borrower and Lender, whether now existing or amount of interest payable on the Debthereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or applicable United States federal law to the extent that such law permits Lender to contract forevent whatsoever, 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 contracted for, charged, taken, reserved or received in respect of the Debt, including whether by reason of the acceleration of the maturity hereof, or otherwise, shall the prepayment thereofamount paid, or agreed to be paid to Lender for the use, forbearance, or detention of the money to be loaned hereunder or otherwise or for the payment or performance of any covenant or obligation contained herein or in any other document evidencing, securing, or pertaining to the indebtedness evidenced hereby, exceed the maximum amount permissible under applicable law. If from any circumstance whatsoever fulfillment of any provision hereof or of such other documents, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then it is Borrower’s ipso facto, the obligation to be fulfilled shall be reduced to the limit of such validity, and Lender’s express intent that all amounts charged in excess if from any such circumstance Lender shall ever receive as interest or otherwise an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the Highest Lawful Rate principal indebtedness of Borrower to Lender, and not to the payment of interest, or if such excessive interest exceeds the unpaid balance of principal hereof, such excess shall be automatically canceled, ab initio, and all amounts in excess of the Highest Lawful Rate theretofore collected by Lender shall be credited on the principal balance of the Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Notes and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable laws, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Notes have been paid in full before the end of the stated term hereof, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in excess of the Highest Lawful Rate, either credit such excess interest against the Debt then owing by Borrower to Lender and/or refund such excess interest to Borrower. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lender. All sums contracted for, charged, taken, reserved paid or received agreed to be paid by Lender Borrower for the use, forbearance or detention of the Debt indebtedness of Borrower to Lender hereunder shall, to the extent permitted by applicable law, be amortized, prorated, allocated or spread, using the actuarial method, and spread throughout the stated full term of the Notes (including any and all renewal and extension periods) such indebtedness until payment in full so in such manner that there will be no violation of applicable laws pertaining to the maximum rate or amount of interest on account which may be contracted for, charged or received with respect to such indebtedness. Borrower shall not institute any action or file any defense based upon the charging or collecting of usurious interest hereunder unless (i) Borrower shall give Lender written notice of an intent to do so and (ii) Lender shall fail to comply with the Debt does not exceed the Highest Lawful Rate terms hereof by making necessary adjustments as required by this Section, and notify Borrower of such compliance within fifteen (15) days after receipt by Lender of such written notice from time to time in effect and applicable to the Debt for so long as debt is outstandingBorrower. In no event shall the The provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes or this Section shall be given precedence over any other part of the Debt. Notwithstanding anything to the contrary provision contained herein or in any of other agreement between the other Loan Documents, it parties hereto that is not in conflict with the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. The terms and provisions of this paragraph shall control and supersede every other term, covenant or provision contained herein, in any of the other Loan Documents or in any other document or instrument pertaining to the DebtSection. (b) To the extent that Lender is relying on Chapter 303 of the Texas Finance Code to determine the Highest Lawful Rate payable on the Notes or any other part of the Debt, Lender will utilize the weekly ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead of such Chapter 303 for the purpose of determining the Highest Lawful Rate. Additionally, to the extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effect.

Usury Laws. Notwithstanding anything to the contrary contained in this Agreement or any other Loan Document: (a) It is expressly stipulated and agreed to be the intent of Borrower and each Borrower-Related Party and Lender at all times to comply strictly with the applicable Texas law governing the maximum rate or amount of interest payable on the Debt, or applicable United States federal law to the extent that such law 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 contracted for, charged, taken, reserved or received in respect of the Debt, including by reason of the acceleration of the maturity or the prepayment thereof, then it is Borrower’s and Lender’s the express intent of Borrower and each Borrower-Related Party and Lender that all amounts charged in excess of the Highest Lawful Rate shall be automatically canceled, ab initio, and all amounts in excess of the Highest Lawful Rate theretofore collected by Lender shall be credited on the principal balance of the Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Notes Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable laws, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Notes have Note has been paid in full before the end of the stated term hereof, then Borrower and each Borrower-Related Party and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in excess of the Highest Lawful Rate, either credit such excess interest against the Debt then owing by Borrower to Lender and/or refund such excess interest to Borrower. Borrower and each Borrower-Related Party hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lender. All sums contracted for, charged, taken, reserved or received by Lender for the use, forbearance or detention of the Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated or spread, using the actuarial method, throughout the stated term of the Notes Note (including any and all renewal and extension periods) until payment in full so that the rate or amount of interest on account of the Debt does not exceed the Highest Lawful Rate from time to time in effect and applicable to the Debt for so long as debt the Debt is outstanding. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes Note or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. The terms and provisions of this paragraph shall control and supersede every other term, covenant or provision contained herein, in any of the other Loan Documents or in any other document or instrument pertaining to the Debt.. Loan AgreementFrisco 113, Collin County, Texas 32 (b) To the extent that Lender is relying on Chapter 303 of the Texas Finance Code to determine the Highest Lawful Rate payable on the Notes Note or any other part of the Debt, Lender will utilize the weekly ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead of such Chapter 303 for the purpose of determining the Highest Lawful Rate. Additionally, to the extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effect.

Usury Laws. Notwithstanding anything to the contrary contained in this Agreement or any other Loan Document: (a) It is expressly stipulated and agreed to be the intent of Borrower and each Borrower-Related Party and Lender at all times to comply strictly with the applicable Texas law governing the maximum rate or amount of interest payable on the Debt, or applicable United States federal law to the extent that such law 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 contracted for, charged, taken, reserved or received in respect of the Debt, including by reason of the acceleration of the maturity or the prepayment thereof, then it is Borrower’s and Lender’s the express intent of Borrower and each Borrower-Related Party and Lender that all amounts charged in excess of the Highest Lawful Rate shall be automatically canceled, ab initio, and all amounts in excess of the Highest Lawful Rate theretofore collected by Lender shall be credited on the principal balance of the Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Notes Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable laws, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Notes have Note has been paid in full before the end of the stated term hereof, then Borrower and each Borrower-Related Party and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in excess of the Highest Lawful Rate, either credit such excess interest against the Debt then owing by Borrower to Lender and/or refund such excess interest to Borrower. Borrower and each Borrower-Related Party hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lender. All sums contracted for, charged, taken, reserved or received by Lender for the use, forbearance or detention of the Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated or spread, using the actuarial method, throughout the stated term of the Notes Note (including any and all renewal and extension periods) until payment in full so that the rate or amount of interest on account of the Debt does not exceed the Highest Lawful Rate from time to time in effect and applicable to the Debt for so long as debt the Debt is outstanding. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes Note or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. The terms and provisions of this paragraph shall control and supersede every other term, covenant or provision contained herein, in any of the other Loan Documents or in any other document or instrument pertaining to the Debt.. Loan Agreement – Xxxxxx Xxxxx 0X, Xxxxxx Xxxxxx, Texas 34 (b) To the extent that Lender is relying on Chapter 303 of the Texas Finance Code to determine the Highest Lawful Rate payable on the Notes Note or any other part of the Debt, Lender will utilize the weekly ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead of such Chapter 303 for the purpose of determining the Highest Lawful Rate. Additionally, to the extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effect.

Usury Laws. Notwithstanding anything to the contrary contained in this Agreement or any other Loan Document: (a) It is expressly stipulated and agreed to be the intent intention of Borrower and Lender at to conform strictly to the usury and similar laws relating to interest from time to time in force, and all times agreements between Lender and Borrower, whether now existing or hereafter arising and whether oral or written, are hereby expressly limited so that in no contingency or event whatsoever, whether by acceleration of maturity hereof or otherwise, shall the amount paid or agreed to comply strictly with be paid in the applicable Texas law governing aggregate to Lender as interest hereunder or under the maximum rate other Loan Documents or amount of interest payable on in any other security agreement given to secure the Debt, or applicable United States federal law in any other document evidencing, securing or pertaining to the extent that such law 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 contracted for, charged, taken, reserved or received in respect of the Debt, including by reason exceed the maximum permissible under applicable usury or such other laws (the "Maximum Amount"). If from any possible construction of the acceleration of the maturity any document, interest would otherwise be payable hereunder or the prepayment thereof, then it is Borrower’s and Lender’s express intent that all amounts charged under any other Loan Document in excess of the Highest Lawful Rate Maximum Amount, or in the event for any reason whatsoever any payment by or act of Borrower pursuant to the terms or requirements hereof or of any other Loan Document shall result in the payment of interest which would exceed the Maximum Amount, then any such construction shall be subject to the provisions of this Section, and ipso facto such document shall be automatically canceled, ab initio, and all amounts in excess of the Highest Lawful Rate theretofore collected by Lender shall be credited on the principal balance of the Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Notes and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reducedreformed, without the necessity of the execution of any amendment or new document, so as that the obligation of Borrower to comply with pay interest or perform such act or requirement shall be reduced to the limit authorized under the applicable laws, but so as and in no event shall Borrower be obligated to permit pay any interest, perform any act, or be bound by any requirement which would result in the recovery payment of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Notes have been paid in full before the end of the stated term hereof, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in excess of the Highest Lawful Rate, either credit such excess interest against the Debt then owing Maximum Amount. Any amount received by Borrower to Lender and/or refund such excess interest to Borrower. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail excess of the nature and Maximum Amount shall, without further agreement or notice between or by any party hereto, be deemed applied to reduce the principal amount of the violation, and Lender shall have sixty (60) days after Note immediately upon receipt of such notice in which moneys by Lender, with the same force and effect as though Borrower had specifically designated such sums to correct such usury violation, if any, by either refunding such excess interest be applied to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lenderprincipal prepayment. All sums contracted for, charged, taken, reserved or received by Lender for the use, forbearance or detention of the Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated or spread, using the actuarial method, throughout the stated term of the Notes (including any and all renewal and extension periods) until payment in full so that the rate or amount of interest on account of the Debt does not exceed the Highest Lawful Rate from time to time in effect and applicable to the Debt for so long as debt is outstanding. In no event shall the The provisions of Chapter 346 this Section shall supersede any inconsistent provision of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes this Security Instrument or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. The terms and provisions of this paragraph shall control and supersede every other term, covenant or provision contained herein, in any of the other Loan Documents or in any other document or instrument pertaining to the DebtDocument. (b) To the extent that Lender is relying on Chapter 303 of the Texas Finance Code to determine the Highest Lawful Rate payable on the Notes or any other part of the Debt, Lender will utilize the weekly ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead of such Chapter 303 for the purpose of determining the Highest Lawful Rate. Additionally, to the extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effect.

Usury Laws. Notwithstanding anything Borrower, Agent, Lenders and all other parties to the contrary contained Loan Documents intend to conform to and contract in this Agreement strict compliance with applicable usury law from time to time in effect. All agreements between Borrower and Lenders (or any other party liable with respect to any Indebtedness under the Loan Document: Documents) are hereby limited by the provisions of this Section which shall override and control all such agreements, whether now existing or hereafter arising. In no way, nor in any event or contingency (a) It is expressly stipulated and agreed including but not limited to be the intent of Borrower and Lender at all times to comply strictly with the applicable Texas law governing the maximum rate or amount of interest payable on the Debtprepayment, default, demand for payment, or applicable United States federal law to acceleration of the extent that such law permits Lender to contract formaturity of any obligation), chargeshall the interest taken, takereserved, 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 contracted for, charged, takenchargeable, reserved or received in respect of under this Agreement, the DebtNotes, including by reason of the acceleration of the maturity or the prepayment thereof, then it is Borrower’s and Lender’s express intent that all amounts charged in excess of the Highest Lawful Rate shall be automatically canceled, ab initio, and all amounts in excess of the Highest Lawful Rate theretofore collected by Lender shall be credited on the principal balance of the Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Notes and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable laws, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Notes have been paid in full before the end of the stated term hereof, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in excess of the Highest Lawful Rate, either credit such excess interest against the Debt then owing by Borrower to Lender and/or refund such excess interest to Borrower. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lender. All sums contracted for, charged, taken, reserved or received by Lender for the use, forbearance or detention of the Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated or spread, using the actuarial method, throughout the stated term of the Notes (including any and all renewal and extension periods) until payment in full so that the rate or amount of interest on account of the Debt does not exceed the Highest Lawful Rate from time to time in effect and applicable to the Debt for so long as debt is outstanding. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not or otherwise, exceed the intention of Lender to accelerate the maturity maximum amount permitted under applicable law ("Maximum Amount"). If, from any possible construction of any document, interest that has not accrued at would otherwise be payable in excess of the time of Maximum Amount, any such acceleration or construction shall be subject to collect unearned interest at the time of such acceleration. The terms and provisions of this paragraph Section and such document shall control ipso facto be automatically reformed and supersede every other termthe interest payable shall be automatically reduced to the Maximum Amount, covenant without the necessity of execution of any amendment or new document. If Lenders shall ever receive anything of value which is characterized as interest under applicable law and which would apart from this provision contained herein, be in any excess of the other Loan Documents or in any other document or instrument pertaining Maximum Amount, an amount equal to the Debt. (b) To amount which would have been excessive interest shall, without penalty, be applied to the extent that Lender is relying on Chapter 303 reduction of the Texas Finance Code principal amount owing on either Note in the inverse order of its maturity and not to determine the Highest Lawful Rate payable on payment of interest, or be refunded to Borrower or the other payor thereof, at the election of Required Lenders in their sole discretion or as required by applicable law. The right to accelerate maturity of the Notes or any other part of Indebtedness does not include the Debt, Lender will utilize right to accelerate any interest which has not otherwise accrued on the weekly ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead date of such Chapter 303 for acceleration, and Lenders do not intend to charge or receive any unearned interest in the purpose event of determining the Highest Lawful Rateacceleration. Additionally, to the extent permitted by applicable law now All interest paid or hereafter in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effect.50

Usury Laws. Notwithstanding anything to the contrary contained in this Agreement or any other Loan Document: (a) It is expressly stipulated and agreed to be the intent of Borrower and Lender at all times to comply strictly with the applicable Texas law governing the maximum rate or amount of interest payable on the DebtNote or the Debt evidenced by the Note and by the other Loan Documents (or, to the extent it would permit a greater rate or amount of interest on the Note or the Debt evidenced by the Note and by the other Loan Documents, applicable United States federal law law) to the extent end that such law permits neither Borrower nor Lender to contract shall have contracted for, and Lender shall not charge, take, reserve or receive receive, and Borrower shall not pay, a greater amount of interest than under Texas law or applicable United State federal law. If If (i) the applicable law is ever judicially interpreted so as to render usurious any amount called for under the Note or under any of the other Loan Documents, or contracted for, charged, taken, reserved or received in with respect of to the Debt, or (ii) Lender's exercise of any remedy hereunder or under the other Loan Documents, including by reason the option herein contained to accelerate the maturity of the acceleration Note, or any prepayment by Borrower, results in Lender having charged, taken, reserved or received, and Borrower having paid, any interest in excess of the maturity or the prepayment thereofthat permitted by applicable law, then it is Borrower’s 's and Lender’s 's express intent that (A) all amounts charged theretofore collected by Lender in excess of the Highest Lawful Rate shall be automatically canceled, ab initio, and all amounts in excess maximum amount of the Highest Lawful Rate theretofore collected interest allowed by Lender shall applicable law be credited on the principal balance of the Debt Note (or, if the Debt Note has been or would thereby be paid in full, refunded to Borrower), and (B) the provisions of the Notes Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter payable, chargeable or collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable lawslaw, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if thereunder which does not exceed the Notes have been paid in full before the end of the stated term hereof, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in excess of the Highest Lawful Rate, either credit such excess interest against the Debt then owing by Borrower to Lender and/or refund such excess interest to Borrower. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and maximum amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, interest allowed by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lenderapplicable law. All sums contracted for, charged, taken, reserved paid or received by agreed to be paid to Lender for the use, forbearance or and detention of the Debt evidenced by the Note and by the other Loan Documents shall, to the extent permitted by applicable law, be amortized, prorated, allocated or spread, using the actuarial method, and spread throughout the stated full term of the Notes (including any and all renewal and extension periods) such Debt until payment in full so that the rate or amount of interest on account of the such Debt does not exceed the Highest Lawful Rate usury ceiling from time to time in effect and applicable to the such Debt for so long as debt is outstanding. To the extent that Lender is relying on Chapter 303, as amended, of the Texas Finance Code to determine the Maximum Lawful Rate (hereafter defined) payable on such Debt, Lender will utilize the weekly rate ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge or receive a greater amount of interest than Texas law, Lender will rely on United States federal law instead of such Chapter 303, as amended, for the purpose of determining the Maximum Lawful Rate and the maximum amount permitted by applicable Law. Additionally, to the extent permitted by applicable law now or hereafter in effect and the Loan Documents, Lender may, at its option and from time to time, implement any other method of computing the Maximum Lawful Rate under such Chapter 303, as amended, or under other applicable law by giving notice, if required, to Borrower as provided by applicable law now or hereafter in effect. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes or any other part of Debt evidenced by the DebtNote. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. The terms and provisions "MAXIMUM LAWFUL RATE" shall mean the maximum lawful rate of this paragraph shall control and supersede every other terminterest which may be contracted for, covenant charged, taken, received or provision contained herein, reserved by Lender in any accordance with the applicable laws of the other Loan Documents State of Texas (or in any other document or instrument pertaining to the Debt. (b) To the extent that Lender is relying on Chapter 303 of the Texas Finance Code to determine the Highest Lawful Rate payable on the Notes or any other part of the Debt, Lender will utilize the weekly ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent applicable United States federal law to the extent that it permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law), taking into account all Charges (hereafter defined) made in connection with the loan evidenced by the Note and the Loan Documents. "CHARGES" shall mean all fees and charges, if any, contracted for, charged, received, taken or reserved by Lender will rely on United States federal law instead of such Chapter 303 for in connection with the purpose of determining the Highest Lawful Rate. Additionally, transactions relating to the extent permitted Note and the Debt evidenced by the Note or by the Loan Documents which are treated as interest under applicable law law. The term "APPLICABLE LAW" as used in this Section 12.20 shall mean the laws of the State of Texas or the laws of the United States, whichever allows the greater rate or amount of non-usurious interest to be contracted for, charged, taken, reserved or received with respect to the Debt evidenced by the Note and the other Loan Documents, as such laws now exist or hereafter may be changed or amended or come into effect in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effectfuture.

Usury Laws. Notwithstanding anything to the contrary contained in this Agreement or any other Loan Document: (a) It is expressly stipulated and agreed to be the intent of Borrower the Mortgagor and Lender the Mortgagee to comply at all times to comply strictly with the applicable Texas law governing the maximum rate or amount of interest payable on the Debt, or applicable United States federal law to the extent that such law permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas lawusury laws. If the applicable law is ever judicially interpreted so as to at any time such laws would render usurious any amount contracted for, charged, taken, reserved amounts called for under the Notes or received in respect any of the Debt, including by reason of the acceleration of the maturity or the prepayment thereofSecurity Documents, then it is Borrower’s the Mortgagor's and Lender’s the Mortgagee's express intent intention that all amounts charged in such excess of the Highest Lawful Rate shall amount be automatically canceled, ab initio, and all amounts in excess of the Highest Lawful Rate theretofore collected by Lender shall be immediately credited on the principal balance of the Debt Notes (or, if the Debt has Notes have been or would thereby be paid in fullfully paid, refunded by the Mortgagee to Borrowerthe Mortgagor and the Mortgagor shall accept such refund), and the provisions of hereof and thereof be immediately deemed to be reformed to comply with the Notes and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reducedthen applicable laws, without the necessity of the execution of any new document, so as to comply with the applicable lawsfurther documents, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if . Any such crediting or refund shall not cure or waive any default by the Mortgagor under the Notes have been paid or under the Security Documents. If, at any time following any such reduction in full before the end of interest rate payable by the stated term hereofMortgagor, there remains unpaid any principal amounts under the Notes and the maximum interest rate permitted by applicable law is increased or eliminated, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that the interest was received in an amount in excess of the Highest Lawful Rate, either credit such excess interest against the Debt then owing by Borrower to Lender and/or refund such excess interest to Borrower. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender rate payable hereunder shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lender. All sums contracted for, charged, taken, reserved or received by Lender for the use, forbearance or detention of the Debt shallbe readjusted, to the extent permitted by applicable law, be amortized, prorated, allocated or spread, using the actuarial method, throughout the stated term of the Notes (including any and all renewal and extension periods) until payment in full so that the rate or total dollar amount of interest on account of the Debt does not exceed the Highest Lawful Rate from time to time in effect and applicable payable hereunder shall be equal to the Debt for so long as debt is outstandingdollar amount of interest which would have been paid by the Mortgagor without giving effect to the applicable usury laws theretofore in effect. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to The Mortgagor agrees, however, that in determining whether or not any interest payable under the Notes or any other part of the Debt. Notwithstanding anything to Security Documents exceeds the contrary contained herein highest rate permitted by law, any non-principal payment (except payments specifically stated in the Notes or in any of the other Loan DocumentsSecurity Document to be "interest"), it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. The terms including, without limitation, prepayment fees and provisions of this paragraph late charges, shall control and supersede every other term, covenant or provision contained herein, in any of the other Loan Documents or in any other document or instrument pertaining to the Debt. (b) To the extent that Lender is relying on Chapter 303 of the Texas Finance Code to determine the Highest Lawful Rate payable on the Notes or any other part of the Debt, Lender will utilize the weekly ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead of such Chapter 303 for the purpose of determining the Highest Lawful Rate. Additionallybe deemed, to the extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if requiredlaw, to Borrower as provided by such applicable law now be an expense, fee, premium, or hereafter in effectpenalty rather than interest.

Usury Laws. Notwithstanding anything Borrower, Lender and all other parties to the contrary contained Loan Documents intend to conform to and contract in this Agreement strict compliance with applicable usury law from time to time in effect. All agreements between Borrower and Lender (or any other party liable with respect to any Indebtedness under the Loan Document: Documents) are hereby limited by the provisions of this Section which shall override and control all such agreements, whether now existing or hereafter arising. In no way, nor in any event or contingency (a) It is expressly stipulated and agreed including but not limited to be the intent of Borrower and Lender at all times to comply strictly with the applicable Texas law governing the maximum rate or amount of interest payable on the Debtprepayment, default, demand for payment, or applicable United States federal law to acceleration of the extent that such law permits Lender to contract formaturity of any obligation), chargeshall the interest taken, takereserved, 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 contracted for, charged, takenchargeable, reserved or received in respect under this Agreement, the Note, any of the Debtother Loan Documents, including by reason or otherwise, exceed the maximum amount permitted under applicable law ("Maximum Amount"). If, from any possible construction of the acceleration of the maturity or the prepayment thereofany document, then it is Borrower’s and Lender’s express intent that all amounts charged interest would otherwise be payable in excess of the Highest Lawful Rate Maximum Amount, any such construction shall be subject to the provisions of this Section and such document shall ipso facto be automatically reformed and the interest payable shall be automatically canceled, ab initio, and all amounts in excess of reduced to the Highest Lawful Rate theretofore collected by Lender shall be credited on the principal balance of the Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Notes and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reducedMaximum Amount, without the necessity of the execution of any amendment or new document, so . If Lender shall ever receive anything of value which is characterized as to comply with the interest under applicable laws, but so as to permit the recovery of the fullest amount otherwise called for hereunder law and thereunder; provided, however, if the Notes have been paid in full before the end of the stated term hereof, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount which would apart from this provision be in excess of the Highest Lawful RateMaximum Amount, either credit such excess an amount equal to the amount which would have been excessive interest against shall, without penalty, be applied to the Debt then reduction of the principal amount owing by on the Indebtedness in the inverse order of its maturity and not to the payment of interest, or be refunded to Borrower to Lender and/or refund such excess interest to Borrower. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lenderor the other payor thereof, Borrower will provide written notice to Lender, advising at the election of Lender in reasonable detail its sole discretion or as required by applicable law. The right to accelerate maturity of the nature and amount Note or any other Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of the violationsuch acceleration, and Lender shall have sixty (60) days after receipt does not intend to charge or receive any unearned interest in the event of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lenderacceleration. All sums contracted for, charged, taken, reserved interest paid or received by 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 or spread, using the actuarial method, and spread throughout the full stated term of the Notes (including any and all renewal and extension periodsor extension) until payment in full of such Indebtedness so that the rate or amount of interest on account of the Debt such Indebtedness does not exceed the Highest Lawful Rate from time to time Maximum Amount. As used in effect and this Section, the term "applicable law" shall mean the laws of the State of Florida or the federal laws of the United States applicable to this transaction, whichever laws allow the Debt for so long as debt is outstanding. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. The terms and provisions of this paragraph shall control and supersede every other term, covenant or provision contained herein, in any of the other Loan Documents or in any other document or instrument pertaining to the Debt. (b) To the extent that Lender is relying on Chapter 303 of the Texas Finance Code to determine the Highest Lawful Rate payable on the Notes or any other part of the Debt, Lender will utilize the weekly ceiling from time to time in effect as provided in such Chapter 303greater interest, as amended. To such laws now exist or may be changed or amended or come into effect in the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead of such Chapter 303 for the purpose of determining the Highest Lawful Rate. Additionally, to the extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effectfuture.

Usury Laws. Notwithstanding anything to the contrary contained in this Agreement or any other Loan Document: (a) It is expressly stipulated and agreed to be the intent of Borrower and each Borrower-Related Party and Lender at all times to comply strictly with the applicable Texas law governing the maximum rate or amount of interest payable on the Debt, or applicable United States federal law to the extent that such law 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 contracted for, charged, taken, reserved or received in respect of the Debt, including by reason of the acceleration of the maturity or the prepayment thereof, then it is Borrower’s and Lender’s the express intent of Borrower and each Borrower-Related Party and Lender that all amounts charged in excess of the Highest Lawful Rate shall be automatically canceled, ab initio, and all amounts in excess of the Highest Lawful Rate theretofore collected by Lender shall be credited on the principal balance of the Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Notes Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable laws, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Notes have Note has been paid in full before the end of the stated term hereof, then Borrower and each Borrower-Related Party and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in excess of the Highest Lawful Rate, either credit such excess interest against the Debt then owing by Borrower to Lender and/or refund such excess interest to Borrower. Borrower and each Borrower-Related Party hereby agrees agree that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lender. All sums contracted for, charged, taken, reserved or received by Lender for the use, forbearance or detention of the Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated or spread, using the actuarial method, throughout the stated term of the Notes Note (including any and all renewal and extension periods) until payment in full so that the rate or amount of interest on account of the Debt does not exceed the Highest Lawful Rate from time to time in effect and applicable to the Debt for so long as debt the Debt is outstanding. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes Note or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. The terms and provisions of this paragraph shall control and supersede every other term, covenant or provision contained herein, in any of the other Loan Documents or in any other document or instrument pertaining to the Debt.. Loan Agreement – Rosehill Reserve Xxxxxx County, Texas 34 (b) To the extent that Lender is relying on Chapter 303 of the Texas Finance Code to determine the Highest Lawful Rate payable on the Notes Note or any other part of the Debt, Lender will utilize the weekly ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead of such Chapter 303 for the purpose of determining the Highest Lawful Rate. Additionally, to the extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effect.

Usury Laws. Notwithstanding anything to the contrary contained in this Agreement or any other Loan Document: (a) It is expressly stipulated and agreed to be the intent of Borrower and each Borrower-Related Party and Lender at all times to comply strictly with the applicable Texas law governing the maximum rate or amount of interest payable on the Debt, or applicable United States federal law to the extent that such law 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 contracted for, charged, taken, reserved or received in respect of the Debt, including by reason of the acceleration of the maturity or the prepayment thereof, then it is Borrower’s and Lender’s the express intent of Borrower and each Borrower-Related Party and Lender that all amounts charged in excess of the Highest Lawful Rate shall be automatically canceled, ab initio, and all amounts in excess of the Highest Lawful Rate theretofore collected by Lender shall be credited on the principal balance of the Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Notes Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable laws, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Notes have Note has been paid in full before the end of the stated term hereof, then Borrower and each Borrower-Related Party and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in excess of the Highest Lawful Rate, either credit such excess interest against the Debt then owing by Borrower to Lender and/or refund such excess interest to Borrower. Borrower and each Borrower-Related Party hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lender. All sums contracted for, charged, taken, reserved or received by Lender for the use, forbearance or detention of the Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated or spread, using the actuarial method, throughout the stated term of the Notes Note (including any and all renewal and extension periods) until payment in full so that the rate or amount of interest on account of the Debt does not exceed the Highest Lawful Rate from time to time in effect and applicable to the Debt for so long as debt the Debt is outstanding. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes Note or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. The terms and provisions of this paragraph shall control and supersede every other term, covenant or provision contained herein, in any of the other Loan Documents or in any other document or instrument pertaining to the Debt.. Loan Agreement – Fxxxxx Xxxxx 0X, Xxxxxx Xxxxxx, Texas 34 (b) To the extent that Lender is relying on Chapter 303 of the Texas Finance Code to determine the Highest Lawful Rate payable on the Notes Note or any other part of the Debt, Lender will utilize the weekly ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead of such Chapter 303 for the purpose of determining the Highest Lawful Rate. Additionally, to the extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effect.

Usury Laws. Notwithstanding anything to the contrary contained in this Agreement or any other Loan Document: (a) It is expressly stipulated and agreed to be the intent of Borrower and each Borrower-Related Party and Lender at all times to comply strictly with the applicable Texas law governing the maximum rate or amount of interest payable on the Debt, or applicable United States federal law to the extent that such law 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 contracted for, charged, taken, reserved or received in respect of the Debt, including by reason of the acceleration of the maturity or the prepayment thereof, then it is Borrower’s and Lender’s the express intent of Borrower and each Borrower-Related Party and Lender that all amounts charged in excess of the Highest Lawful Rate shall be automatically canceled, ab initio, and all amounts in excess of the Highest Lawful Rate theretofore collected by Lender shall be credited on the principal balance of the Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Notes Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable laws, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Notes have Note has been paid in full before the end of the stated term hereof, then Borrower and each Borrower-Related Party and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in excess of the Highest Lawful Rate, either credit such excess interest against the Debt then owing by Borrower to Lender and/or refund such excess interest to Borrower. Borrower and each Borrower-Related Party hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lender. All sums contracted for, charged, taken, reserved or received by Lender for the use, forbearance or detention of the Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated or spread, using the actuarial method, throughout the stated term of the Notes Note (including any and all renewal and extension periods) until payment in full so that the rate or amount of interest on account of the Debt does not exceed the Highest Lawful Rate from time to time in effect and applicable to the Debt for so long as debt the Debt is outstanding. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes Note or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. The terms and provisions of this paragraph shall control and supersede every other term, covenant or provision contained herein, in any of the other Loan Documents or in any other document or instrument pertaining to the Debt. (b) To the extent that Lender is relying on Chapter 303 of the Texas Finance Code to determine the Highest Lawful Rate payable on the Notes Note or any other part of the Debt, Lender will utilize the weekly ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead of such Chapter 303 for the purpose of determining the Highest Lawful Rate. Additionally, to the extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effect.

Usury Laws. Notwithstanding anything It is the intention of the parties to this Note to comply with all applicable laws, including, without limitation, usury laws. In furtherance thereof, Xxxxxxxx stipulates and agrees with Lender that none of the contrary terms and provisions contained in this Agreement or any other the Loan Document: (a) It is expressly stipulated and agreed Documents shall ever be construed to be create a contract to pay for the intent of Borrower and Lender at all times to comply strictly with the applicable Texas law governing the maximum rate or amount of interest payable on the Debtuse, forbearance, or applicable United States federal law to the extent that such law permits Lender to contract fordetention of money, chargeor interest, 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 contracted for, charged, taken, reserved or received in respect of the Debt, including by reason of the acceleration of the maturity or the prepayment thereof, then it is Borrower’s and Lender’s express intent that all amounts charged in excess of the Highest Lawful Rate maximum amount of interest permitted to be charged by applicable law in effect from time to time. Neither Borrower nor any present or future guarantors, endorsers, or other persons or entities hereafter becoming liable for payment of the obligations hereunder and under the other Loan Documents shall ever be automatically canceled, ab initio, and all amounts liable for unearned interest thereon or shall ever be required to pay interest thereon in excess of the Highest Lawful Rate theretofore collected by Lender shall maximum amount that may be credited on the principal balance of the Debt (or, if the Debt has been or would thereby be paid lawfully charged under applicable law from time to time in full, refunded to Borrower)effect, and the provisions of this section shall control over all other provisions of the Notes and the other Loan Documents shall immediately that may be deemed reformed in conflict or apparent conflict herewith. Lender expressly disavows any intention to charge or collect excessive unearned interest or finance charges in the event the maturity of this Note is accelerated. If (a) the maturity of this Note is accelerated for any reason, (b) this Note is prepaid and the as a result any amounts thereafter collectible hereunder and thereunder reduced, without the necessity held to constitute interest are determined to be in excess of the execution of legal maximum, or (c) Lender or any new document, so as to comply with the applicable laws, but so as to permit the recovery other holder of the fullest amount Note shall otherwise called for hereunder and thereunder; provided, however, if collect moneys which are determined to constitute interest which would otherwise increase the Notes have been paid in full before the end of the stated term hereof, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in hereon to an amount in excess of the Highest Lawful Rate, either credit such excess interest against the Debt then owing by Borrower that permitted to Lender and/or refund such excess interest to Borrower. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lender. All sums contracted for, charged, taken, reserved or received by Lender for the use, forbearance or detention of the Debt shall, to the extent permitted be charged by applicable law, then all sums determined to constitute interest in excess of such legal limit shall, without penalty, be amortizedpromptly applied to reduce the then outstand- ing Principal of this Note or, proratedat Lender's or such holder's option, allocated promptly returned to Borrower or spreadthe other payor thereof upon such determination. In determining whether or not the interest paid or payable, using under any specific circumstance, exceeds the actuarial methodmaximum amount permitted under applicable law, throughout Lender and Borrower (and any other payors of this Note) shall to the stated term of greatest extent permitted under applicable law, (a) characterize any non-Principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the Notes effects thereof, and (including any c) amortize, prorate, allocate, and all renewal and extension periods) until payment in full so that spread the rate or total amount of interest on account throughout the entire contemplated term of this Note in accordance with the Debt does not exceed amounts outstanding from time to time hereunder and the Highest Lawful Rate maximum legal rate of interest from time to time in effect and under applicable law in order to lawfully charge the Debt for so long as debt is outstandingmaximum amount of interest permitted under applicable law. In no the event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any applicable law provides for an interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. The terms and provisions of this paragraph shall control and supersede every other term, covenant or provision contained herein, in any of the other Loan Documents or in any other document or instrument pertaining to the Debt. (b) To the extent that Lender is relying on ceiling under Chapter 303 of the Texas Finance Code to determine (the Highest Lawful Rate payable on "Texas Finance Code") as amended, for that day, the Notes or any other part ceiling shall be the "weekly ceiling" as defined in the Texas Finance Code. As used in this section the term "applicable law" means the laws of the DebtState of Texas or the laws of the United States of America, Lender will utilize whichever laws allow the weekly ceiling from time to time in effect as provided in such Chapter 303greater interest, as amended. To such laws now exist or may be changed or amended or come into effect in the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead of such Chapter 303 for the purpose of determining the Highest Lawful Rate. Additionally, to the extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effectfuture.

Usury Laws. Notwithstanding anything It is the intention of the parties to conform strictly to the contrary contained usury laws, whether state or Federal, that are applicable to this Note. All agreements between the Borrower and the Lender, whether now existing or hereafter arising and whether oral or written, are hereby expressly limited so that in this Agreement no contingency or any other Loan Document: (a) It is expressly stipulated and event whatsoever, whether by acceleration of maturity hereof or otherwise, shall the amount paid or agreed to be paid to the intent of Borrower and Lender at all times to comply strictly with or the applicable Texas law governing the maximum rate or amount of interest payable on the Debtholder hereof, or applicable United States federal law to the extent that such law 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 contracted for, charged, taken, reserved or received in respect of the Debt, including by reason of the acceleration of the maturity or the prepayment thereof, then it is Borrower’s and Lender’s express intent that all amounts charged in excess of the Highest Lawful Rate shall be automatically canceled, ab initio, and all amounts in excess of the Highest Lawful Rate theretofore collected by Lender shall be credited on the principal balance of the Debt (oror such holder, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Notes and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable laws, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Notes have been paid in full before the end of the stated term hereof, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in excess of the Highest Lawful Rate, either credit such excess interest against the Debt then owing by Borrower to Lender and/or refund such excess interest to Borrower. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lender. All sums contracted for, charged, taken, reserved or received by Lender for the use, forbearance or detention of the Debt shallmoney to be loaned hereunder or otherwise, or for the payment or performance of any covenant or obligation contained herein, or in any of the Loan Documents, exceed the maximum amount permissible under applicable Federal or State usury laws. If under any circumstances whatsoever fulfillment of any provision hereof or of the Loan Documents, at the time performance of such provision shall be due, shall involve exceeding the limit of validity prescribed by law, then the obligation to be fulfilled shall be reduced to the limit of such validity; and if under any circumstances the Lender or other holder hereof shall ever receive an amount deemed interest by applicable law, which would exceed the highest lawful rate, such amount that would be excessive interest under applicable usury laws shall be applied to the reduction of the principal amount owing hereunder or to other indebtedness secured by the Loan Documents and not to the payment of interest, or if such excessive interest exceeds the unpaid balance of principal and such other indebtedness, the excess shall be deemed to have been a payment made by mistake and shall be refunded to Borrower or to any other person making such payment on Borrower's behalf. All sums paid or agreed to be paid to the holder hereof for the use, forbearance or detention of the indebtedness of Borrower evidenced hereby, outstanding from time to time, shall to the extent permitted by applicable law, and to the extent necessary to preclude exceeding the limit of validity prescribed by law, be amortized, proratedpro-rated, allocated or spread, using and spread from the actuarial method, throughout the stated term date of disbursement of the Notes (including any and all renewal and extension periods) proceeds of this Note until payment in full of the Loan evidenced hereby, and thereby, so that the actual rate or amount of interest on account of such indebtedness is uniform throughout the Debt does not exceed the Highest Lawful Rate from time to time in effect term hereof and applicable to the Debt for so long as debt is outstanding. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationthereof. The terms and provisions of this paragraph shall control and supersede every other termprovision of all agreements between Borrower, covenant or provision contained herein, in any of the other Loan Documents or in any other document or instrument pertaining to Guarantor and the DebtLender. (b) To the extent that Lender is relying on Chapter 303 of the Texas Finance Code to determine the Highest Lawful Rate payable on the Notes or any other part of the Debt, Lender will utilize the weekly ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead of such Chapter 303 for the purpose of determining the Highest Lawful Rate. Additionally, to the extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effect.

Usury Laws. Notwithstanding anything to the contrary contained in this Agreement or any other Loan Document: (a) It is expressly stipulated and agreed to be the intent of Borrower and Lender at all times to comply strictly with the applicable Texas law governing the maximum rate or amount of interest payable on the Debt, or applicable United States federal law to the extent that such law 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 contracted for, charged, taken, reserved or received in respect of the Debt, including by reason of the acceleration of the maturity or the prepayment thereof, then it is Borrower’s and Lender’s the express intent of Borrower and Lender that all amounts charged in excess of the Highest Lawful Rate shall be automatically canceled, ab initio, and all amounts in excess of the Highest Lawful Rate theretofore collected by Lender shall be credited on the principal balance of the Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Notes Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable laws, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Notes have Note has been paid in full before the end of the stated term hereof, then Borrower ay and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in excess of the Highest Lawful Rate, either credit such excess interest against the Debt then owing by Borrower to Lender and/or refund such excess interest to Borrower. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lender. All sums contracted for, charged, taken, reserved or received by Lender for the use, forbearance or detention of the Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated or spread, using the actuarial method, throughout the stated term of the Notes Note (including any and all renewal and extension periods) until payment in full so that the rate or amount of interest on account of the Debt does not exceed the Highest Lawful Rate from time to time in effect and applicable to the Debt for so long as debt the Debt is outstanding. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes Note or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. The terms and provisions of this paragraph shall control and supersede every other term, covenant or provision contained herein, in any of the other Loan Documents or in any other document or instrument pertaining to the Debt.. Loan Agreement Xxxxxxxx Creek, Xxxxxx County, Texas 29 (b) To the extent that Lender is relying on Chapter 303 of the Texas Finance Code to determine the Highest Lawful Rate payable on the Notes Note or any other part of the Debt, Lender will utilize the weekly ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead of such Chapter 303 for the purpose of determining the Highest Lawful Rate. Additionally, to the extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effect.

Usury Laws. Notwithstanding anything to the contrary contained in this Agreement or any other Loan Document:: Loan Agreement – Fxxxxx Xxxxx 0X, 0X, 0X XX-0 , Xxxxxx County, Texas 32 (a) It is expressly stipulated and agreed to be the intent of Borrower and each Borrower-Related Party and Lender at all times to comply strictly with the applicable Texas law governing the maximum rate or amount of interest payable on the Debt, or applicable United States federal law to the extent that such law 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 contracted for, charged, taken, reserved or received in respect of the Debt, including by reason of the acceleration of the maturity or the prepayment thereof, then it is Borrower’s and Lender’s the express intent of Borrower and each Borrower-Related Party and Lender that all amounts charged in excess of the Highest Lawful Rate shall be automatically canceled, ab initio, and all amounts in excess of the Highest Lawful Rate theretofore collected by Lender shall be credited on the principal balance of the Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Notes Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable laws, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Notes have Note has been paid in full before the end of the stated term hereof, then Borrower and each Borrower-Related Party and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in excess of the Highest Lawful Rate, either credit such excess interest against the Debt then owing by Borrower to Lender and/or refund such excess interest to Borrower. Borrower and each Borrower-Related Party hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lender. All sums contracted for, charged, taken, reserved or received by Lender for the use, forbearance or detention of the Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated or spread, using the actuarial method, throughout the stated term of the Notes Note (including any and all renewal and extension periods) until payment in full so that the rate or amount of interest on account of the Debt does not exceed the Highest Lawful Rate from time to time in effect and applicable to the Debt for so long as debt the Debt is outstanding. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes Note or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. The terms and provisions of this paragraph shall control and supersede every other term, covenant or provision contained herein, in any of the other Loan Documents or in any other document or instrument pertaining to the Debt. (b) To the extent that Lender is relying on Chapter 303 of the Texas Finance Code to determine the Highest Lawful Rate payable on the Notes Note or any other part of the Debt, Lender will utilize the weekly ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead of such Chapter 303 for the purpose of determining the Highest Lawful Rate. Additionally, to the extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effect.. Loan Agreement – Fxxxxx Xxxxx 0X, 0X, 0X XX-0 , Xxxxxx County, Texas 33

Usury Laws. Notwithstanding anything to the contrary contained in this Agreement or any other Loan Document: (a) It is expressly stipulated and agreed to be the intent of Borrower and Lender at all times to comply strictly with the applicable Texas law governing the maximum rate or amount of interest payable on the Debt, or applicable United States federal law to the extent that such law 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 contracted for, charged, taken, reserved or received in respect of the Debt, including by reason of the acceleration of the maturity or the prepayment thereof, then it is Borrower’s and Lender’s the express intent of Borrower and Lender that all amounts charged in excess of the Highest Lawful Rate shall be automatically canceled, ab initio, and all amounts in excess of the Highest Lawful Rate theretofore collected by Lender shall be credited on the principal balance of the Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Notes Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable laws, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Notes have Note has been paid in full before the end of the stated term hereof, then Borrower ay and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in excess of the Highest Lawful Rate, either credit such excess interest against the Debt then owing by Borrower to Lender and/or refund such excess interest to Borrower. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lender. All sums contracted for, charged, taken, reserved or received by Lender for the use, forbearance or detention of the Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated or spread, using the actuarial method, throughout the stated term of the Notes Note (including any and all renewal and extension periods) until payment in full so that the rate or amount of interest on account of the Debt does not exceed the Highest Lawful Rate from time to time in effect and applicable to the Debt for so long as debt the Debt is outstanding. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes Note or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. The terms and provisions of this paragraph shall control and supersede every other term, covenant or provision contained herein, in any of the other Loan Documents or in any other document or instrument pertaining to the Debt.. Loan Agreement Pxxxxxxx Creek, Dxxxxx County, Texas 29 (b) To the extent that Lender is relying on Chapter 303 of the Texas Finance Code to determine the Highest Lawful Rate payable on the Notes Note or any other part of the Debt, Lender will utilize the weekly ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead of such Chapter 303 for the purpose of determining the Highest Lawful Rate. Additionally, to the extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effect.

Usury Laws. Notwithstanding anything Borrower, Lender and all other parties to the contrary contained Loan Documents intend to conform to and contract in this Agreement strict compliance with applicable usury law from time to time in effect. All agreements between Borrower and Lender (or any other party liable with respect to any Indebtedness under the Loan Document: Documents) are hereby limited by the provisions of this Section which shall override and control all such agreements, whether now existing or hereafter arising. In no way, nor in any event or contingency (a) It is expressly stipulated and agreed including but not limited to be the intent of Borrower and Lender at all times to comply strictly with the applicable Texas law governing the maximum rate or amount of interest payable on the Debtprepayment, default, demand for payment, or applicable United States federal law to acceleration of the extent that such law permits Lender to contract formaturity of any obligation), chargeshall the interest taken, takereserved, 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 contracted for, charged, takenchargeable, reserved or received in respect under this Agreement, the Note, any of the Debtother Loan Documents, including by reason or otherwise, exceed the maximum amount permitted under applicable law ("MAXIMUM AMOUNT"). If, from any possible construction of the acceleration of the maturity or the prepayment thereofany document, then it is Borrower’s and Lender’s express intent that all amounts charged interest would otherwise be payable in excess of the Highest Lawful Rate Maximum Amount, any such construction shall be subject to the provisions of this Section and such document shall IPSO FACTO be automatically reformed and the interest payable shall be automatically canceled, ab initio, and all amounts in excess of reduced to the Highest Lawful Rate theretofore collected by Lender shall be credited on the principal balance of the Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Notes and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reducedMaximum Amount, without the necessity of the execution of any amendment or new document, so . If Lender shall ever receive anything of value which is characterized as to comply with the interest under applicable laws, but so as to permit the recovery of the fullest amount otherwise called for hereunder law and thereunder; provided, however, if the Notes have been paid in full before the end of the stated term hereof, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount which would apart from this provision be in excess of the Highest Lawful RateMaximum Amount, either credit such excess an amount equal to the amount which would have been excessive interest against shall, without penalty, be applied to the Debt then reduction of the principal amount owing by on the Indebtedness in the inverse order of its maturity and not to the payment of interest, or be refunded to Borrower to Lender and/or refund such excess interest to Borrower. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lenderor the other payor thereof, Borrower will provide written notice to Lender, advising at the election of Lender in reasonable detail its sole discretion or as required by applicable law. The right to accelerate maturity of the nature and amount Note or any other Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of the violationsuch acceleration, and Lender shall have sixty (60) days after receipt does not intend to charge or receive any unearned interest in the event of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lenderacceleration. All sums contracted for, charged, taken, reserved interest paid or received by 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 or spread, using the actuarial method, and spread throughout the full stated term of the Notes (including any and all renewal and extension periodsor extension) until payment in full of such Indebtedness so that the rate or amount of interest on account of the Debt such Indebtedness does not exceed the Highest Lawful Rate from time to time Maximum Amount. As used in effect and this Section, the term "applicable law" shall mean the laws of the State of FLORIDA or the federal laws of the United States applicable to this transaction, whichever laws allow the Debt for so long as debt is outstanding. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. The terms and provisions of this paragraph shall control and supersede every other term, covenant or provision contained herein, in any of the other Loan Documents or in any other document or instrument pertaining to the Debt. (b) To the extent that Lender is relying on Chapter 303 of the Texas Finance Code to determine the Highest Lawful Rate payable on the Notes or any other part of the Debt, Lender will utilize the weekly ceiling from time to time in effect as provided in such Chapter 303greater interest, as amended. To such laws now exist or may be changed or amended or come into effect in the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead of such Chapter 303 for the purpose of determining the Highest Lawful Rate. Additionally, to the extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effectfuture.

Usury Laws. Notwithstanding anything to the contrary contained in this Agreement or any other Loan Document: (a) It is expressly stipulated and agreed to be the intent of Borrower and each Borrower-Related Party and Lender at all times to comply strictly with the applicable Texas law governing the maximum rate or amount of interest payable on the Debt, or applicable United States federal law to the extent that such law 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 contracted for, charged, taken, reserved or received in respect of the Debt, including by reason of the acceleration of the maturity or the prepayment thereof, then it is Borrower’s and Lender’s the express intent of Borrower and each Borrower-Related Party and Lender that all amounts charged in excess of the Highest Lawful Rate shall be automatically canceled, ab initio, and all amounts in excess of the Highest Lawful Rate theretofore collected by Lender shall be credited on the principal balance of the Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Notes Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable laws, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Notes have Note has been paid in full before the end of the stated term hereof, then Borrower and each Borrower-Related Party and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in excess of the Highest Lawful Rate, either credit such excess interest against the Debt then owing by Borrower to Lender and/or refund such excess interest to Borrower. Borrower and each Borrower-Related Party hereby agrees agree that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lender. All sums contracted for, charged, taken, reserved or received by Lender for the use, forbearance or detention of the Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated or spread, using the actuarial method, throughout the stated term of the Notes Note (including any and all renewal and extension periods) until payment in full so that the rate or amount of interest on account of the Debt does not exceed the Highest Lawful Rate from time to time in effect and applicable to the Debt for so long as debt the Debt is outstanding. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes Note or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. The terms and provisions of this paragraph shall control and supersede every other term, covenant or provision contained herein, in any of the other Loan Documents or in any other document or instrument pertaining to the Debt.. Loan Agreement – Rosehill ReserveHarris County, Texas 34 (b) To the extent that Lender is relying on Chapter 303 of the Texas Finance Code to determine the Highest Lawful Rate payable on the Notes Note or any other part of the Debt, Lender will utilize the weekly ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Lender will rely on United States federal law instead of such Chapter 303 for the purpose of determining the Highest Lawful Rate. Additionally, to the extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effect.

Usury Laws. Notwithstanding anything to the contrary contained in this Agreement or any other Loan Document: (a) It is expressly stipulated and agreed to be the intent of Borrower and Lender at all times to comply strictly with the applicable Texas law governing the maximum rate or amount of interest payable on the DebtNote or the Debt evidenced by the Note and by the other Loan Documents (or, to the extent it would permit a greater rate or amount of interest on the Note or the Debt evidenced by the Note and by the other Loan Documents, applicable United States federal law law) to the extent end that such law permits neither Borrower nor Lender to contract shall have contracted for, and Lender shall not charge, take, reserve or receive receive, and Borrower shall not pay, a greater amount of interest than under Texas law or applicable United State federal law. If (i) the applicable law is ever judicially interpreted so as to render usurious any amount called for under the Note or under any of the other Loan Documents, or contracted for, charged, taken, reserved or received in with respect of to the Debt, or (ii) Lender's exercise of any remedy hereunder or under the other Loan Documents, including by reason the option herein contained to accelerate the maturity of the acceleration Note, or any prepayment by Borrower, results in Lender having charged, taken, reserved or received, and Borrower having paid, any interest in excess of the maturity or the prepayment thereofthat permitted by applicable law, then it is Borrower’s 's and Lender’s 's express intent that (A) all amounts charged theretofore collected by Lender in excess of the Highest Lawful Rate shall be automatically canceled, ab initio, and all amounts in excess maximum amount of the Highest Lawful Rate theretofore collected interest allowed by Lender shall applicable law be credited on the principal balance of the Debt Note (or, if the Debt Note has been or would thereby be paid in full, refunded to Borrower), and (B) the provisions of the Notes Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter payable, chargeable or collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable lawslaw, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if thereunder which does not exceed the Notes have been paid in full before the end of the stated term hereof, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in excess of the Highest Lawful Rate, either credit such excess interest against the Debt then owing by Borrower to Lender and/or refund such excess interest to Borrower. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and maximum amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, interest allowed by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lenderapplicable law. All sums contracted for, charged, taken, reserved paid or received by agreed to be paid to Lender for the use, forbearance or and detention of the Debt evidenced by the Note and by the other Loan Documents shall, to the extent permitted by applicable law, be amortized, prorated, allocated or spread, using the actuarial method, and spread throughout the stated full term of the Notes (including any and all renewal and extension periods) such Debt until payment in full so that the rate or amount of interest on account of the such Debt does not exceed the Highest Lawful Rate usury ceiling from time to time in effect and applicable to the such Debt for so long as debt is outstanding. To the extent that Lender is relying on Chapter 303, as amended, of the Texas Finance Code to determine the Maximum Lawful Rate (hereafter defined) payable on such Debt, Lender will utilize the weekly rate ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge or receive a greater amount of interest than Texas law, Lender will rely on United States federal law instead of such Chapter 303, as amended, for the purpose of determining the Maximum Lawful Rate and the maximum amount permitted by applicable Law. Additionally, to the extent permitted by applicable law now or hereafter in effect and the Loan Documents, Lender may, at its option and from time to time, implement any other method of computing the Maximum Lawful Rate under such Chapter 303, as amended, or under other applicable law by giving notice, if required, to Borrower as provided by applicable law now or hereafter in effect. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Notes or any other part of Debt evidenced by the DebtNote. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. The terms and provisions "MAXIMUM LAWFUL RATE" shall mean the maximum lawful rate of this paragraph shall control and supersede every other terminterest which may be contracted for, covenant charged, taken, received or provision contained herein, reserved by Lender in any accordance with the applicable laws of the other Loan Documents State of Texas (or in any other document or instrument pertaining to the Debt. (b) To the extent that Lender is relying on Chapter 303 of the Texas Finance Code to determine the Highest Lawful Rate payable on the Notes or any other part of the Debt, Lender will utilize the weekly ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent applicable United States federal law to the extent that it permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law), taking into account all Charges (hereafter defined) made in connection with the loan evidenced by the Note and the Loan Documents. "CHARGES" shall mean all fees and charges, if any, contracted for, charged, received, taken or reserved by Lender will rely on United States federal law instead of such Chapter 303 for in connection with the purpose of determining the Highest Lawful Rate. Additionally, transactions relating to the extent permitted Note and the Debt evidenced by the Note or by the Loan Documents which are treated as interest under applicable law law. The term "APPLICABLE LAW" as used in this Section 12.20 shall mean the laws of the State of Texas or the laws of the United States, whichever allows the greater rate or amount of non-usurious interest to be contracted for, charged, taken, reserved or received with respect to the Debt evidenced by the Note and the other Loan Documents, as such laws now exist or hereafter may be changed or amended or come into effect in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effectfuture.

Usury Laws. Notwithstanding anything to the contrary contained in this Agreement or any other Loan Document: (a) It is expressly stipulated the intention of the parties hereto that each Lender shall conform strictly to usury laws applicable to it. Accordingly, the parties hereto stipulate and agreed to be agree that none of the intent of Borrower terms and Lender at all times to comply strictly with provisions contained in the applicable Texas law governing the maximum rate or amount of interest payable on the DebtNotes, this Agreement, or applicable United States federal law to the extent that such law 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 contracted for, charged, taken, reserved or received in respect of the Debtother Credit Documents shall ever be construed to create a contract to pay to any Lender for the use, including by reason forbearance, or detention of the acceleration of the maturity or the prepayment thereof, then it is Borrower’s and Lender’s express intent that all amounts charged money at a rate in excess of the Highest Lawful Rate shall be automatically canceled, ab initioapplicable to such Lender, and that for purposes hereof, "interest" shall include the aggregate of all amounts charges or other consideration which constitute interest under applicable laws and are contracted for, taken, reserved, -132- 134 charged, or received under any of this Agreement, the Notes, or the other Credit Documents or otherwise in excess connection with the transactions contemplated by this Agreement. Further, if the transactions contemplated hereby would be usurious as to any Lender under laws applicable to it then, in that event, notwithstanding anything to the contrary in the Notes, this Agreement or in any other Credit Document or agreement entered into in connection with or as security for the Notes, it is agreed as follows: the aggregate of all consideration which constitutes interest under law applicable to each such Lender that is contracted for, taken, reserved, charged, or received by such Lender under the Notes, this Agreement, or under any of the Highest Lawful Rate theretofore collected other aforesaid Credit Documents or agreements or otherwise in connection with the Notes shall under no circumstances exceed the maximum amount allowed by Lender the law applicable to such Lender, and any excess shall be credited by such Lender on the principal balance amount of the Debt Indebtedness of the Borrower owed to such Lender (or, if the Debt has principal amount of such Indebtedness shall have been or would thereby be paid in full, to the extent such interest has been received by a Lender, it shall be refunded by such Lender to the Borrower). The provisions of this Section 13.18(a) shall control over all other provisions of this Agreement, the Notes, and the provisions other Credit Documents which may be in apparent conflict herewith. The parties further stipulate and agree that, without limitation on the foregoing, all calculations of the Notes rate or amount of interest contracted for, taken, reserved, charged or received under any of this Agreement, the Notes, and the other Loan Credit Documents shall immediately be deemed reformed and which are made for the amounts thereafter collectible hereunder and thereunder reduced, without the necessity purpose of the execution of any new document, so as to comply with the applicable laws, but so as to permit the recovery of the fullest determining whether such rate or amount otherwise called for hereunder and thereunder; provided, however, if the Notes have been paid in full before the end of the stated term hereof, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in excess of exceed the Highest Lawful Rate, either credit such excess interest against the Debt then owing by Borrower to Lender and/or refund such excess interest to Borrower. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender Rate shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Debt then owing by Borrower to Lender. All sums contracted for, charged, taken, reserved or received by Lender for the use, forbearance or detention of the Debt shallbe made, to the extent permitted by applicable law, be amortizedby amortizing, proratedprorating, allocated or spreadallocting, using and spreading during the actuarial method, throughout period of the full stated term of the Notes (including any Indebtedness, and all renewal if longer and extension periods) if permitted by applicable law, until payment in full full, all interest at any time so that contracted for, taken, reserved, charged, or received. (b) If at any time the effective rate or amount of interest on account of the Debt does not any Lender's Notes would exceed the Highest Lawful Rate applicable to such Lender (taking into account the interest rate applicable to such Indebtedness pursuant to the other provisions of this Agreement, plus all additional charges and consideration which have been contracted for, taken, reserved, charged, or received under this Agreement, such Lender's Notes and the other Credit Documents, or any of them, and which additional charges or consideration (the "Additional Charges") constitute interest with respect to such Indebtedness), the effective interest rate to apply to such Indebtedness made by a Lender shall be limited to the Highest Lawful Rate, but any subsequent reductions in the interest rate applicable to such Indebtedness owed to such Lender shall not reduce the effective interest rate to apply to such Indebtedness owed to such Lender below the Highest Lawful Rate applicable to such Lender until the total amount of interest accrued on such Indebtedness equals the amount of interest which would have accrued if the Interest Rate from time to time applicable to such Indebtedness owed to such Lender had at all times been in effect with respect to such Indebtedness pursuant to the other provisions of this Agreement and if the Lender had collected all Additional Charges called for under this Agreement, the Notes, and the other Credit Documents. If at maturity or final payment of such Lender's Notes the total amount of interest accrued on such Lender's Notes (including amounts designated as "interest" plus any Additional Charges which constitute interest with respect to such Lender's Notes, and taking into account the limitations of the first sentence of this Section 13.18(b)) is less than the total amount of interest which would have accrued if the interest rate or interest rates applicable to the Debt for so long as debt is outstanding. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply Indebtedness from time to time outstanding under such Lender's Notes had at all -133- 135 times been in effect pursuant to the Notes or any other part of the Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. The terms and provisions of this paragraph shall control and supersede every other termAgreement, covenant or provision contained hereinthen the respective Borrower agrees, in any of the other Loan Documents or in any other document or instrument pertaining to the Debt. fullest extent permitted by the laws applicable to such Lender, to pay to such Lender an amount equal to the difference between (bi) To the extent that Lender is relying lesser of (1) the amount of interest which would have accrued on Chapter 303 of the Texas Finance Code to determine such lender's Notes if the Highest Lawful Rate payable had at all times been in effect (but excluding, for purposes of calculating such amount of interest, any Additional Charges which constitute interest with respect to such Lender's Notes), or (2) the amount of interest which would have accrued on such lender's Notes if the Notes interest rate or any other part of interest rates applicable to the Debt, Lender will utilize the weekly ceiling Indebtedness from time to time outstanding under such Lender's Notes had at all times been in effect pursuant to the other provisions of this Agreement (including amounts designated as provided in "interest" plus any Additional Charges which constitute interest with respect to such Chapter 303, as amended. To lender's Notes) less (ii) the extent United States federal law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Lender will rely actually accrued on United States federal law instead of such Chapter 303 for the purpose of determining the Highest Lawful Rate. Additionally, lender's Notes (including amounts designated as "interest" plus any Additional Charges which constitute interest with respect to the extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, utilize any other method of establishing the Highest Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Borrower as provided by such applicable law now or hereafter in effectLender's Notes).