Common use of Usury Not Intended; Savings Provisions Clause in Contracts

Usury Not Intended; Savings Provisions. Notwithstanding any provision to the contrary contained in this Agreement, it is expressly provided that in no case or event shall the aggregate of any amounts accrued or paid pursuant to this Agreement which under applicable laws are or may be deemed to constitute interest ever exceed the maximum nonusurious interest rate permitted by applicable Texas or federal laws, whichever permit the higher rate. In this connection, Party A and Party B stipulate and agree that it is their common and overriding intent to contract in strict compliance with applicable usury laws. In furtherance thereof, none of the terms of this Agreement shall ever be construed to create a contract to pay, as consideration for the use, forbearance or detention of money, interest at a rate in excess of the maximum rate permitted by applicable laws. Neither party shall ever be liable for interest in excess of the maximum rate permitted by applicable laws. If, for any reason whatsoever, such interest paid or received during the full term of the applicable indebtedness produces a rate which exceeds the maximum rate permitted by applicable laws, the receiving party shall credit against the principal of such indebtedness (or, if such indebtedness shall have been paid in full, shall refund to the payor of such interest) such portion of said interest as shall be necessary to cause the interest paid to produce a rate equal to the maximum rate permitted by applicable laws. All sums paid or agreed to be paid for the use, forbearance or detention of money shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread in equal parts throughout the full term of the applicable indebtedness, so that the interest rate is uniform throughout the full term of such indebtedness. The provisions of this paragraph shall control all agreements, whether now or hereafter existing and whether written or oral, between Party A and Party B.

Usury Not Intended; Savings Provisions. Notwithstanding any provision to the contrary contained in this Agreementany Credit Document, it is expressly provided that in no case or event shall the aggregate of any amounts accrued or paid pursuant to this Agreement which under applicable laws are or may be deemed to constitute interest ever exceed the maximum nonusurious interest rate permitted by applicable Texas or federal laws, whichever permit the higher rate. In this connection, Party A Borrower and Party B Lenders stipulate and agree that it is their common and overriding intent to contract in strict compliance with applicable usury laws. In furtherance thereof, none of the terms of this Agreement shall ever be construed to create a contract to pay, as consideration for the use, forbearance or detention of money, interest at a rate in excess of the maximum rate permitted by applicable laws. Neither party Borrower shall ever never be liable for interest in excess of the maximum rate permitted by applicable laws. If, for any reason whatsoeverwhatever, such interest paid or received during the full term of the applicable indebtedness Indebtedness produces a rate which exceeds the maximum rate permitted by applicable laws, the receiving party Lenders shall credit against the principal of such indebtedness Indebtedness (or, if such indebtedness Indebtedness shall have been paid in full, shall refund to the payor of such interest) such portion of said interest as shall be necessary to cause the interest paid to Agent produce a rate equal to the maximum rate permitted by applicable laws. All sums paid or agreed to be paid to Agent or any Lender for the use, forbearance or detention of money shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread in equal parts throughout the full term of the applicable indebtednessIndebtedness, so that the interest rate is uniform throughout the full term of such indebtednessIndebtedness. The provisions of this paragraph Section shall control all agreements, whether now or hereafter existing and whether written or oral, between Party A and Party B.or among Borrower, Agent and/or any Lender.

Usury Not Intended; Savings Provisions. Notwithstanding any provision to the contrary contained in this Agreementany Note Document, it is expressly provided that in no case or event shall the aggregate of any amounts accrued or paid pursuant to this Agreement Guaranty which under applicable laws are or may be deemed to constitute interest ever exceed the maximum nonusurious interest rate permitted by applicable Texas Kansas or federal laws, whichever which ever permit the higher rate. In this connection, Party A each Guarantor and Party B each Purchaser stipulate and agree that it is their common and overriding intent to contract in strict compliance with applicable usury laws. In furtherance thereof, none of the terms of this Agreement Guaranty shall ever be construed to create a contract to pay, as consideration for the use, forbearance or detention of money, interest at a rate in excess of the maximum rate permitted by applicable laws. Neither party Guarantors shall ever never be liable for interest in excess of the maximum rate permitted by applicable laws. If, for any reason whatsoeverwhatever, such interest paid or received during the full term of the applicable indebtedness produces a rate which exceeds the maximum rate permitted by applicable laws, the receiving party Purchasers shall credit against the principal of such indebtedness (or, if such indebtedness shall have been paid in full, shall refund to the payor of such interest) such portion of said interest as shall be necessary to cause the interest paid to produce a rate equal to the maximum rate permitted by applicable laws. All sums paid or agreed to be paid to the Purchasers for the use, forbearance or detention of money shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread in equal parts throughout the full term of the applicable indebtedness, so that the interest rate is uniform throughout the full term of such indebtedness. The provisions of this paragraph Section shall control all agreements, whether now or hereafter existing and whether written or oral, between Party A any Guarantor and Party B.any Purchaser.

Usury Not Intended; Savings Provisions. Notwithstanding any provision to the contrary contained in this Agreementany Credit Document, it is expressly provided that in no case or event shall the aggregate of any amounts accrued or paid pursuant to this Agreement which under applicable laws are or may be deemed to constitute interest ever exceed the maximum nonusurious interest rate permitted by applicable Texas or federal laws, whichever permit the higher rate. In this connection, Party A Borrower and Party B Lender stipulate and agree that it is their common and overriding intent to contract in strict compliance with applicable usury laws. In furtherance thereof, none of the terms of this Agreement shall ever be construed to create a contract to pay, as consideration for the use, forbearance or detention of money, interest at a rate in excess of the maximum rate permitted by applicable laws. Neither party No Obligor shall ever be liable for interest in excess of the maximum rate permitted by applicable laws. If, for any reason whatsoeverwhatever, such interest paid or received during the full term of the applicable indebtedness Indebtedness produces a rate which exceeds the maximum rate permitted by applicable laws, the receiving party Lender shall credit against the principal of such indebtedness Indebtedness (or, if such indebtedness Indebtedness shall have been paid in full, shall refund to the payor of such interest) such portion of said interest as shall be necessary to cause the interest paid to produce a rate equal to the maximum rate permitted by applicable laws. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of money shall, to the extent required to avoid or minimize usury and to the extent permitted by applicable law, be amortized, prorated, allocated and spread in equal parts throughout the full term of the applicable indebtedness, Indebtedness so that the interest rate is uniform throughout does not exceed the full term of such indebtednessCeiling Rate. The provisions of this paragraph Section shall control all agreements, whether now or hereafter existing and whether written or oral, between Party A Borrower and Party B.Lender.

Usury Not Intended; Savings Provisions. Notwithstanding any provision to the contrary contained in this Agreementany Loan Document, it is expressly provided that in no case or event shall the aggregate of any amounts accrued or paid pursuant to this Agreement Guaranty which under applicable laws are or may be deemed to constitute interest ever exceed the maximum nonusurious interest rate permitted by applicable Texas or federal laws, whichever permit the higher rate. In this connection, Party A each Guarantor and Party B Agent on behalf of the Banks stipulate and agree that it is their common and overriding intent to contract in strict compliance with applicable usury laws. In furtherance thereof, none of the terms of this Agreement Guaranty shall ever be construed to create a contract to pay, as consideration for the use, forbearance or detention of money, interest at a rate in excess of the maximum rate permitted by applicable laws. Neither party Guarantors shall ever never be liable for interest in excess of the maximum rate permitted by applicable laws. If, for any reason whatsoeverwhatever, such interest paid or received during the full term of the applicable indebtedness produces a rate which exceeds the maximum rate permitted by applicable laws, the receiving party Banks shall credit against the principal of such indebtedness (or, if such indebtedness shall have been paid in full, shall refund to the payor of such interest) such portion of said interest as shall be necessary to cause the interest paid to produce a rate equal to the maximum rate permitted by applicable laws. All sums paid or agreed to be paid to the Banks for the use, forbearance or detention of money shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread in equal parts throughout the full term of the applicable indebtedness, so that the interest rate is uniform throughout the full term of such indebtedness. The provisions of this paragraph Section shall control all agreements, whether now or hereafter existing and whether written or oral, between Party A any Guarantor and Party B.Agent or any Bank. ARTICLE 9. Section 9.1 It is contemplated by each Guarantor that additional Subsidiaries of NPCI may from time to time become a Guarantor hereunder (as required by the terms of the Credit Agreement) by their execution and delivery to Agent on behalf of the Banks of a Joinder Agreement. Each Guarantor agrees, consents and acknowledges that upon the execution and delivery to Agent by any such Subsidiary of a Joinder Agreement, such Subsidiary shall become a Guarantor hereunder for all purposes, jointly and severally liable hereunder as if such Subsidiary had originally been a party hereto, without notice to any Guarantor or any other Party. THIS GUARANTY is executed as of the date first above written. NPC RESTAURANTS HOLDINGS, INC. By: /s/ Xxxx X. Xxxx Name: Xxxx X. Xxxx Title: Senior V.P. NATIONAL CATERING COMPANY, INC. By: /s/ Xxxx X. Xxxx Name: Xxxx X. Xxxx Title: Senior V.P. NPC RESTAURANTS, LP By: NPC INTERNATIONAL, INC., its general partner By: /s/ Xxxx X. Xxxx Name: Xxxx X. Xxxx Title: Senior V.P. NPC INTERNATIONAL, INC. By: /s/ Xxxx X. Xxxx Name: Xxxx X. Xxxx Title: Senior V.P. SEATTLE RESTAURANT EQUIPMENT COMPANY, INC. By: /s/ Xxxx X. Xxxx Name: Xxxx X. Xxxx Title: Senior V.P. ACKNOWLEDGED: NPC MANAGEMENT, INC. By: /s/ Xxxx X. Xxxx Name: Xxxx X. Xxxx Title: Senior V.P.

Usury Not Intended; Savings Provisions. Notwithstanding any provision to the contrary contained in this Agreementany Credit Document, it is expressly provided that in no case or event shall the aggregate of any amounts accrued or paid pursuant to this Agreement Guaranty which under applicable laws are or may be deemed to constitute interest ever exceed the maximum nonusurious interest rate permitted by applicable Texas or federal laws, whichever permit the higher rate. In this connection, Party A Guarantor and Party B Lender stipulate and agree that it is their common and overriding intent to contract in strict compliance with applicable usury laws. In furtherance thereof, none of the terms of this Agreement Guaranty shall ever be construed to create a contract to pay, as consideration for the use, forbearance or detention of money, interest at a rate in excess of the maximum rate permitted by applicable laws. Neither party Guarantor shall ever never be liable for interest in excess of the maximum rate permitted by applicable laws. If, for any reason whatsoeverwhatever, such interest paid or received during the full term of the applicable indebtedness produces a rate which exceeds the maximum rate permitted by applicable laws, the receiving party Lender shall credit against the principal of such indebtedness (or, if such indebtedness shall have been paid in full, shall refund to the payor of such interest) such portion of said interest as shall be necessary to cause the interest paid to produce a rate equal to the maximum rate permitted by applicable laws. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of money shall, to the extent required to avoid or minimize usury and to the extent permitted by applicable law, be amortized, prorated, allocated and spread in equal parts throughout the full term of the applicable indebtedness, indebtedness so that the interest rate is uniform throughout thereon does not exceed the full term of such indebtednessmaximum nonusurious interest rate permitted by applicable Texas or federal laws, whichever permit the higher rate. The provisions of this paragraph Section shall control all agreements, whether now or hereafter existing and whether written or oral, between Party A Guarantor and Party B.Lender. THIS GUARANTY is executed as of the date first above written. AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP III, L.P., a Delaware limited partnership By: American Realty Capital Trust III, Inc., a Maryland corporation, its general partner By: /s/ Wxxxxxx X. Xxxxxx Name: Wxxxxxx X. Xxxxxx Title: President

Usury Not Intended; Savings Provisions. Notwithstanding any provision to the contrary contained in this Agreementany Loan Document, it is expressly provided that in no case or event shall the aggregate of any amounts accrued or paid pursuant to this Agreement Security Instrument which under applicable laws are or may be deemed to constitute interest ever exceed the maximum nonusurious interest rate permitted by applicable Texas state or federal laws, whichever permit the higher rate. In this connection, Party A Grantor and Party B Beneficiary stipulate and agree that it is their common and overriding intent to contract in strict compliance with applicable usury laws. In furtherance thereof, none of the terms of this Agreement Security Instrument shall ever be construed to create a contract to pay, as consideration for the use, forbearance or detention of money, interest at a rate in excess of the maximum rate permitted by applicable laws. Neither party Grantor shall ever never be liable for interest in excess of the maximum rate permitted by applicable laws. If, for any reason whatsoeverwhatever, such interest paid or received during the full term of the applicable indebtedness produces a rate which exceeds the maximum rate permitted by applicable laws, the receiving party Beneficiary shall credit against the principal of such indebtedness (or, if such indebtedness shall have been paid in full, shall refund to the payor of such interest) such portion of said interest as shall be necessary to cause the interest paid to produce a rate equal to the maximum rate permitted by applicable laws. All sums paid or agreed to be paid to Beneficiary for the use, forbearance or detention of money shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread in equal parts throughout the full term of the applicable indebtedness, so that the interest rate is uniform throughout the full term of such indebtedness. The provisions of this paragraph Section shall control all agreements, whether now or hereafter existing and whether written or oral, between Party A Grantor and Party B.Beneficiary.

Usury Not Intended; Savings Provisions. Notwithstanding any provision to the contrary contained in this Agreementany Credit Papers, it is expressly provided that in no case or event shall the aggregate of any amounts accrued or paid pursuant to this Agreement Guaranty which under applicable laws Laws are or may be deemed to constitute interest ever exceed the maximum nonusurious interest rate permitted by applicable Texas or federal lawsLaws, whichever permit the higher rate. In this connection, Party A Guarantor and Party B the Agent stipulate and agree that it is their common and overriding intent to contract in strict compliance with applicable usury lawsLaws. In furtherance thereof, none of the terms of this Agreement Guaranty shall ever be construed to create a contract to pay, as consideration for the use, forbearance or detention of money, interest at a rate in excess of the maximum rate permitted by applicable lawsLaws. Neither party Guarantor shall ever never be liable for interest in excess of the maximum rate permitted by applicable lawsLaws. If, for any reason whatsoeverwhatever, such interest paid or received during the full term of the applicable indebtedness produces a rate which exceeds the maximum rate permitted by applicable lawsLaws, the receiving party Agent shall credit against the principal of such indebtedness (or, if such indebtedness shall have been paid in full, shall refund to the payor of such interest) such portion of said interest as shall be necessary to cause the interest paid to produce a rate equal to the maximum rate permitted by applicable lawsLaws. All sums paid or agreed to be paid to any or all Lenders or the Agent for the use, forbearance or detention of money shall, to the extent permitted by applicable lawLaw, be amortized, prorated, allocated and spread in equal parts throughout the full term of the applicable indebtedness, so that the interest rate is uniform throughout the full term of such indebtedness. The provisions of this paragraph Section shall control all agreements, whether now or hereafter existing and whether written or oral, between Party A Guarantor and Party B.the Agent. (The remainder of this page is intentionally blank; unnumbered signature page follows.) THIS GUARANTY is executed as of the date first above written. AMERICAN BUSINESS FINANCIAL SERVICES, INC. By: ---------------------------------------- Xxxxxxx X. Xxxxxxxx, Chairman

Usury Not Intended; Savings Provisions. Notwithstanding any provision to the contrary contained herein or in this Agreementany other Loan Document, it is expressly provided that in no case or event shall the aggregate of any amounts accrued or paid pursuant to this Agreement which under applicable laws are or may be deemed to constitute interest ever exceed the maximum nonusurious non-usurious interest rate permitted by applicable Texas or federal laws, whichever permit the higher rate. In this connection, Party A Borrower and Party B Lender stipulate and agree that it is their common and overriding intent to contract in strict compliance with applicable usury laws. In furtherance thereof, none of the terms of this Agreement shall ever be construed to create a contract to pay, as consideration for the use, forbearance or detention of money, interest at a rate in excess of the maximum rate permitted by applicable laws. Neither party Borrower shall ever never be liable for interest in excess of the maximum rate permitted by applicable laws. If, for any reason whatsoeverwhatever, such interest paid or received during the full term of the applicable indebtedness produces a rate which exceeds the maximum rate permitted by applicable laws, the receiving party Lender shall credit against the principal of such indebtedness (or, if such indebtedness shall have been paid in full, shall refund to the payor of such interest) such portion of said interest as shall be necessary to cause the interest paid to produce a rate equal to the maximum rate permitted by applicable laws. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of money shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread in equal parts throughout the full term of the applicable indebtedness, so that the interest rate is uniform throughout the full term of such indebtedness. The provisions of this paragraph Section 6.22 shall control all agreements, whether now or hereafter existing and whether written or oral, between Party A Borrower and Party B.Lender.

Usury Not Intended; Savings Provisions. Notwithstanding any provision to the contrary contained in this Agreementany Credit Document, it is expressly provided that in no case or event shall the aggregate of any amounts accrued or paid pursuant to this Agreement which under applicable laws are or may be deemed to constitute interest ever exceed the maximum nonusurious interest rate permitted by applicable Texas or federal laws, whichever permit the higher rate. In this connection, Party A Borrower and Party B Lender stipulate and agree that it is their common and overriding intent to contract in strict compliance with applicable usury laws. In furtherance thereof, none of the terms of this Agreement shall ever be construed to create a contract to pay, as consideration for the use, forbearance or detention of money, interest at a rate in excess of the maximum rate permitted by applicable laws. Neither party Borrower nor any of its Subsidiaries shall ever be liable for interest in excess of the maximum rate permitted by applicable laws. If, for any reason whatsoeverwhatever, such interest paid or received during the full term of the applicable indebtedness Indebtedness produces a rate which exceeds the maximum rate permitted by applicable laws, the receiving party Lender shall credit against the principal of such indebtedness Indebtedness (or, if such indebtedness Indebtedness shall have been paid in full, shall refund to the payor of such interest) such portion of said interest as shall be necessary to cause the interest paid to produce a rate equal to the maximum rate permitted by applicable laws. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of money shall, to the extent required to avoid or minimize usury and to the extent permitted by applicable law, be amortized, prorated, allocated and spread in equal parts throughout the full term of the applicable indebtedness, Indebtedness so that the interest rate is uniform throughout does not exceed the full term of such indebtednessCeiling Rate. The provisions of this paragraph Section shall control all agreements, whether now or hereafter existing and whether written or oral, between Party A Borrower and Party B.Lender.

Usury Not Intended; Savings Provisions. Notwithstanding any provision to the contrary contained in this Agreementany Credit Document, it is expressly provided that in no case or event shall the aggregate of any amounts accrued or paid pursuant to this Agreement which under applicable laws are or may be deemed to constitute interest ever exceed the maximum nonusurious interest rate permitted by applicable Texas or federal laws, whichever permit the higher rate. In this connection, Party A Borrower and Party B Lender stipulate and agree that it is their common and overriding intent to contract in strict compliance with applicable usury laws. In furtherance thereof, none of the terms of this Agreement shall ever be construed to create a contract to pay, as consideration for the use, forbearance or detention of money, interest at a rate in excess of the maximum rate permitted by applicable laws. Neither party Borrower shall ever never be liable for interest in excess of the maximum rate permitted by applicable laws. If, for any reason whatsoeverwhatever, such interest paid or received during the full term of the applicable indebtedness produces a rate which exceeds the maximum rate permitted by applicable laws, the receiving party Lender shall credit against the principal of such indebtedness (or, if such indebtedness shall have been paid in full, shall refund to the payor of such interest) such portion of said interest as shall be necessary to cause the interest paid to produce a rate equal to the maximum rate permitted by applicable laws. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of money shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread in equal parts throughout the full term of the applicable indebtedness, so that the interest rate is uniform throughout the full term of such indebtedness. The provisions of this paragraph Paragraph shall control all agreements, whether now or hereafter existing and whether written or oral, between Party A Borrower and Party B.Lender.

Usury Not Intended; Savings Provisions. Notwithstanding any provision to the contrary contained in this Agreementany Note Document, it is expressly provided that in no case or event shall the aggregate of any amounts accrued or paid pursuant to this Agreement Guaranty which under applicable laws are or may be deemed to constitute interest ever exceed the maximum nonusurious interest rate permitted by applicable Texas Kansas or federal laws, whichever which ever permit the higher rate. In this connection, Party A each Guarantor and Party B each Purchaser stipulate and agree that it is their common and overriding intent to contract in strict compliance with applicable usury laws. In furtherance thereof, none of the terms of this Agreement Guaranty shall ever be construed to create a contract to pay, as consideration for the use, forbearance or detention of money, interest at a rate in excess of the maximum rate permitted by applicable laws. Neither party Guarantors shall ever never be liable for interest in excess of the maximum rate permitted by applicable laws. If, for any reason whatsoeverwhatever, such interest paid or received during the full term of the applicable indebtedness produces a rate which exceeds the maximum rate permitted by applicable laws, the receiving party Purchasers shall credit against the principal of such indebtedness (or, if such indebtedness shall have been paid in full, shall refund to the payor of such interest) such portion of said interest as shall be necessary to cause the interest paid to produce a rate equal to the maximum rate permitted by applicable laws. All sums paid or agreed to be paid to the Purchasers for the use, forbearance or detention of money shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread in equal parts throughout the full term of the applicable indebtedness, so that the interest rate is uniform throughout the full term of such indebtedness. The provisions of this paragraph Section shall control all agreements, whether now or hereafter existing and whether written or oral, between Party A any Guarantor and Party B.any Purchaser. Article IX

Usury Not Intended; Savings Provisions. Notwithstanding any provision to the contrary contained in this Agreementany Loan Document, it is expressly provided that in no case or event shall the aggregate of any amounts accrued or paid pursuant to this Agreement Guaranty which under applicable laws are or may be deemed to constitute interest ever exceed the maximum nonusurious interest rate permitted by applicable Texas or federal laws, whichever permit the higher rate. In this connection, Party A Guarantor and Party B Lender stipulate and agree that it is their common and overriding intent to contract in strict compliance with applicable usury laws. In furtherance thereof, none of the terms of this Agreement Guaranty shall ever be construed to create a contract to pay, as consideration for the use, forbearance or detention of money, interest at a rate in excess of the maximum rate permitted by applicable laws. Neither party Guarantor shall ever never be liable for interest in excess of the maximum rate permitted by applicable laws. If, for any reason whatsoeverwhatever, such interest paid or received during the full term of the applicable indebtedness produces a rate which exceeds the maximum rate permitted by applicable laws, the receiving party Lender shall credit against the principal of such indebtedness (or, if such indebtedness shall have been paid in full, shall refund to the payor of such interest) such portion of said interest as shall be necessary to cause the interest paid to produce a rate equal to the maximum rate permitted by applicable laws. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of money shall, to the extent required to avoid or minimize usury and to the extent permitted by applicable law, be amortized, prorated, allocated and spread in equal parts throughout the full term of the applicable indebtedness, indebtedness so that the interest rate is uniform throughout thereon does not exceed the full term of such indebtednessmaximum nonusurious interest rate permitted by applicable Texas or federal laws, whichever permit the higher rate. The provisions of this paragraph Section shall control all agreements, whether now or hereafter existing and whether written or oral, between Party A Guarantor and Party B.Lender.

Usury Not Intended; Savings Provisions. Notwithstanding any provision to the contrary contained in this Agreementany Credit Document, it is expressly provided that in no case or event shall the aggregate of any amounts accrued or paid pursuant to this Agreement which under applicable laws are or may be deemed to constitute interest ever exceed the maximum nonusurious interest rate permitted by applicable Texas or federal laws, whichever permit the higher rate. In this connection, Party A Borrower and Party B Lender stipulate and agree that it is their common and overriding intent to contract in strict compliance with applicable usury laws. In furtherance thereof, none of the terms of this Agreement shall ever be construed to create a contract to pay, as consideration for the use, forbearance or detention of money, interest at a rate in excess of the maximum rate permitted by applicable laws. Neither party Borrower shall ever never be liable for interest in excess of the maximum rate permitted by applicable laws. If, for any reason whatsoeverwhatever, such interest paid or received during the full term of the applicable indebtedness Indebtedness produces a rate which exceeds the maximum rate permitted by applicable laws, the receiving party Lender shall credit against the principal of such indebtedness Indebtedness (or, if such indebtedness Indebtedness shall have been paid in full, shall refund to the payor of such interest) such portion of said interest as shall be necessary to cause the interest paid to produce a rate equal to the maximum rate permitted by applicable laws. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of money shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread in equal parts throughout the full term of the applicable indebtednessIndebtedness, so that the interest rate is uniform throughout the full term of such indebtednessIndebtedness. The provisions of this paragraph Paragraph shall control all agreements, whether now or hereafter existing and whether written or oral, between Party A Borrower and Party B.Lender.

Usury Not Intended; Savings Provisions. Notwithstanding any provision to the contrary contained in this Agreementany Document, it is expressly provided that in no case or event shall the aggregate of any amounts accrued or paid pursuant to this Agreement Guaranty which under applicable laws are or may be deemed to constitute interest ever exceed the maximum nonusurious interest rate permitted by applicable Texas California or federal laws, whichever permit the higher rate. In this connection, Party A Guarantor and Party B Lender stipulate and agree that it is their common and overriding intent to contract in strict compliance with applicable usury laws. In furtherance thereof, none of the terms of this Agreement Guaranty shall ever be construed to create a contract to pay, as consideration for the use, forbearance or detention of money, interest at a rate in excess of the maximum rate permitted by applicable laws. Neither party Guarantor shall ever never be liable for interest in excess of the maximum rate permitted by applicable laws. If, for any reason whatsoeverwhatever, such interest paid or received during the full term of the applicable indebtedness produces a rate which exceeds the maximum rate permitted by applicable laws, the receiving party Lender shall credit against the principal of such indebtedness (or, if such indebtedness shall have been paid in full, shall refund to the payor of such interest) such portion of said interest as shall be necessary to cause the interest paid to produce a rate equal to the maximum rate permitted by applicable laws. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of money shall, to the extent required to avoid or minimize usury and to the extent permitted by applicable law, be amortized, prorated, allocated and spread in equal parts throughout the full term of the applicable indebtedness, indebtedness so that the interest rate is uniform throughout thereon does not exceed the full term maximum nonusurious interest rate permitted by applicable California or federal laws, whichever permit the higher rate. In the event such interest (whether designated as interest, service charges, points, or otherwise) does exceed the maximum legal rate, it shall be (a) canceled automatically to the extent that such interest exceeds the maximum legal rate; (b) if already paid, at the option of Lender, either be rebated to Guarantor or credited on the principal amount of the Note; or if the Note has been prepaid in full, then such indebtednessexcess shall be rebated to Guarantor. The provisions of this paragraph Section shall control all agreements, whether now or hereafter existing and whether written or oral, between Party A Guarantor and Party B.Lender.

Usury Not Intended; Savings Provisions. Notwithstanding any -------------------------------------- provision to the contrary contained in this Agreementthe Note or Deed of Trust, it is expressly provided that in no case or event shall the aggregate of any amounts accrued or paid pursuant to this Agreement Guaranty which under applicable laws are or may be deemed to constitute interest ever exceed the maximum nonusurious interest rate permitted by applicable Texas California or federal laws, whichever permit the higher rate. In this connection, Party A Guarantor and Party B Lender stipulate and agree that it is their common and overriding intent to contract in strict compliance with applicable usury laws. In furtherance thereof, none of the terms of this Agreement Guaranty shall ever be construed to create a contract to pay, as consideration for the use, forbearance or detention of money, interest at a rate in excess of the maximum rate permitted by applicable laws. Neither party No Guarantor shall ever be liable for interest in excess of the maximum rate permitted by applicable laws. If, for any reason whatsoever, such interest paid or received during the full term of the applicable indebtedness produces a rate which exceeds the maximum rate permitted by applicable laws, the receiving party Lender shall credit against the principal of such indebtedness (or, if such indebtedness shall have been paid in full, shall refund to the payor of such interest) such portion of said interest as shall be necessary to cause the interest paid to produce a rate equal to the maximum rate permitted by applicable laws. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of money shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread in equal parts throughout the full term of the applicable indebtedness, so that the interest rate is uniform throughout the full term of such indebtedness. The provisions of this paragraph Section shall control all agreements, whether now or hereafter existing and whether written or oral, between Party A Guarantors and Party B.Lender. THIS GUARANTY is executed as of the date first above written. GUARANTOR

Usury Not Intended; Savings Provisions. Notwithstanding any provision to the contrary contained in this Agreementany Credit Document, it is expressly provided that in no case or event shall the aggregate of any amounts accrued or paid pursuant to this Agreement Deed of Trust which under applicable laws are or may be deemed to constitute interest ever exceed the maximum nonusurious interest rate permitted by applicable Texas or federal laws, whichever permit the higher rate. In this connection, Party A Mortgagor and Party B Mortgagee stipulate and agree that it is their common and overriding intent to contract in strict compliance with applicable usury laws. In furtherance thereof, none of the terms of this Agreement Deed of Trust shall ever be construed to create a contract to pay, as consideration for the use, forbearance or detention of money, interest at a rate in excess of the maximum rate permitted by applicable laws. Neither party Mortgagor shall ever never be liable for interest in excess of the maximum rate permitted by applicable laws. If, for any reason whatsoeverwhatever, such interest paid or received during the full term of the applicable indebtedness produces a rate which exceeds the maximum rate permitted by applicable laws, the receiving party Mortgagee shall credit against the principal of such indebtedness (or, if such indebtedness shall have been paid in full, shall refund to the payor of such interest) such portion of said interest as shall be necessary to cause the interest paid to produce a rate equal to the maximum rate permitted by applicable laws. All sums paid or agreed to be paid to Mortgagee for the use, forbearance or detention of money shall, to the extent required to avoid or minimize usury and to the extent permitted by applicable law, be amortized, prorated, allocated and spread in equal parts throughout the full term of the applicable indebtedness, indebtedness so that the interest rate is uniform throughout thereon does not exceed the full term of such indebtednessCeiling Rate. The provisions of this paragraph Section shall control all agreements, whether now or hereafter existing and whether written or oral, between Party A Mortgagor and Party B.Mortgagee.

Usury Not Intended; Savings Provisions. Notwithstanding any provision to the contrary contained in this Agreementany Credit Paper, it is expressly provided that in no case or event shall the aggregate of any amounts accrued or paid pursuant to this Agreement which under applicable laws are or may be deemed to constitute interest ever exceed the maximum nonusurious interest rate permitted by applicable Texas or federal laws, whichever permit the higher rate. In this connection, Party A Borrowers and Party B Lender stipulate and agree that it is their common and overriding intent to contract in strict compliance with applicable usury laws. In furtherance thereof, none of the terms of this Agreement shall ever be construed to create a contract to pay, as consideration for the use, forbearance or detention of money, interest at a rate in excess of the maximum rate permitted by applicable laws. Neither party Borrowers shall ever never be liable for interest in excess of the maximum rate permitted by applicable laws. If, for any reason whatsoeverwhatever, such interest paid or received during the full term of the applicable indebtedness Debt produces a rate which exceeds the maximum rate permitted by applicable laws, the receiving party Lender shall credit against the principal of such indebtedness Debt (or, if such indebtedness Debt shall have been paid in full, shall refund to the payor of such interest) such portion of said interest as shall be necessary to cause the interest paid to produce a rate equal to the lesser of the maximum rate permitted by applicable lawslaws or the amount of interest accrued in accordance with the provisions of the Credit Papers read without regard to the provisions of this Section. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of money shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread in equal parts throughout the full term of the applicable indebtednessDebt, so that the interest rate is uniform throughout the full term of such indebtednessDebt. The provisions of this paragraph Section shall control all agreements, whether now or hereafter existing and whether written or oral, between Party A Borrowers, or any of them, and Party B.Lender.

Usury Not Intended; Savings Provisions. Notwithstanding Notwith­standing any provision to the contrary contained in this Agreementany Credit Document, it is expressly provided that in no case or event shall the aggregate of any amounts accrued or paid pursuant to this Agreement which under applicable laws are or may be deemed to constitute interest ever exceed the maximum nonusurious interest rate permitted by applicable Texas or federal laws, whichever permit the higher rate. In this connection, Party A Borrower and Party B Lender stipulate and agree that it is their common and overriding intent to contract in strict compliance with applicable usury laws. In furtherance thereof, none of the terms of this Agreement shall ever be construed to create a contract to pay, as consideration for the use, forbearance or detention of money, interest at a rate in excess of the maximum rate permitted by applicable laws. Neither party Borrower nor any other Obligor shall ever be liable for interest in excess of the maximum rate permitted by applicable laws. If, for any reason whatsoeverwhatever, such interest paid or received during the full term of the applicable indebtedness Indebtedness produces a rate which exceeds the maximum rate permitted by applicable laws, the receiving party Lender shall credit against the principal of such indebtedness Indebtedness (or, if such indebtedness Indebtedness shall have been paid in full, shall refund to the payor of such interest) such portion of said interest as shall be necessary to cause the interest paid to produce a rate equal to the maximum rate permitted by applicable laws. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of money shall, to the extent required to avoid or minimize usury and to the extent permitted by applicable law, be amortized, prorated, allocated and spread in equal parts throughout the full term of the applicable indebtedness, Indebtedness so that the interest rate is uniform throughout does not exceed the full term of such indebtednessCeiling Rate. The provisions of this paragraph Section shall control all agreements, whether now or hereafter existing and whether written or oral, between Party A Borrower and Party B.Lender.

Usury Not Intended; Savings Provisions. Notwithstanding any provision to the contrary contained in this Agreementany Credit Document, it is expressly provided that in no case or event shall the aggregate of any amounts accrued or paid pursuant to this Agreement Deed of Trust which under applicable laws are or may be deemed to constitute interest ever exceed the maximum nonusurious interest rate permitted by applicable Texas or federal laws, whichever permit the higher rate. In this connection, Party A Mortgagor and Party B Mortgagee stipulate and agree that it is their common and overriding intent to contract in strict compliance with applicable usury laws. In furtherance thereof, none of the terms of this Agreement Deed of Trust shall ever be construed to create a contract to pay, as consideration for the use, forbearance or detention of money, interest at a rate in excess of the maximum rate permitted by applicable laws. Neither party Mortgagor shall ever never be liable for interest in excess of the maximum rate permitted by applicable laws. If, for any reason whatsoeverwhatever, such interest paid or received during the full term of the applicable indebtedness produces a rate which exceeds the maximum rate permitted by applicable laws, the receiving party Mortgagee shall credit against the principal of such indebtedness (or, if such indebtedness shall have been paid in full, shall refund to the payor of such interest) such portion of said interest as shall be necessary to cause the interest paid to produce a rate equal to the maximum rate permitted by applicable laws. All sums paid or agreed to be paid to Mortgagee for the use, forbearance or detention of money shall, to the extent required to avoid or minimize usury and to the extent permitted by applicable law, be amortized, prorated, allocated and spread in equal parts throughout the full term of the applicable indebtedness, indebtedness so that the interest rate is uniform throughout does not exceed the full term of such indebtednessCeiling Rate. The provisions of this paragraph Section shall control all agreements, whether now or hereafter existing and whether written or oral, between Party A Mortgagor and Party B.Mortgagee.