Common use of Usury Laws Clause in Contracts

Usury Laws. 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 terms and provisions contained in the Loan Documents shall ever be construed to create a contract to pay for the use, forbearance, or detention of money, or interest, in excess of the 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 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 section 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 (a) the maturity of this Note is accelerated for any reason, (b) 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 (c) Lender or any other holder of the 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 promptly applied to reduce the then outstand- ing Principal of this Note or, at Lender's or such holder's option, promptly returned to Borrower or the other payor thereof upon such determination. In determining whether or not the interest paid or payable, under any specific circumstance, exceeds the maximum amount permitted under applicable law, Lender and Borrower (and any other payors of this Note) shall to the 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 effects thereof, and (c) amortize, prorate, allocate, and spread the total amount of interest throughout the entire contemplated term of this Note in accordance with the amounts outstanding from time to time hereunder and the maximum legal rate of interest from time to time in effect under applicable law in order to lawfully charge the maximum amount of interest permitted under applicable law. In the event applicable law provides for an interest ceiling under Chapter 303 of the Texas Finance Code (the "Texas Finance Code") as amended, for that day, the 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 State of Texas or the laws of the United States of America, whichever laws allow the greater interest, as such laws now exist or may be changed or amended or come into effect in the future.

Usury Laws. 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 terms and provisions contained in the Loan Documents shall ever be construed to create a contract to pay for the use, forbearance, or detention of money, or interest, in excess of the 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 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 section 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 (a) the maturity of this Note is accelerated for any reason, (b) 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 (c) Lender or any other holder of the 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 promptly applied to reduce the then outstand- ing outstanding Principal of this Note or, at LenderXxxxxx's or such holder's option, promptly returned to Borrower or the other payor thereof upon such determination. In determining whether or not the interest paid or payable, under any specific circumstance, exceeds the maximum amount permitted under applicable law, Lender and Borrower (and any other payors of this Note) shall to the 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 effects thereof, and (c) amortize, prorate, allocate, and spread the total amount of interest throughout the entire contemplated term of this Note in accordance with the amounts outstanding from time to time hereunder and the maximum legal rate of interest from time to time in effect under applicable law in order to lawfully charge the maximum amount of interest permitted under applicable law. In the event applicable law provides for an interest ceiling under Chapter 303 of the Texas Finance Code (the "“Texas Finance Code"”) as amended, for that day, the 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 State of Texas or the laws of the United States of America, whichever laws allow the greater interest, as such laws now exist or may be changed or amended or come into effect in the future.

Usury Laws. 1. . It is the intention of the parties to this Note hereto to comply strictly with all applicable laws, including, without limitation, usury laws. In furtherance thereofAll agreements between Borrower and Lender, Xxxxxxxx stipulates whether now existing or hereafter arising and agrees with Lender whether written or oral, are hereby expressly limited so that none in no contingency or event whatsoever, whether by reason of acceleration of the terms and provisions contained in maturity hereof, or otherwise, shall the Loan Documents shall ever amount paid, or agreed to be construed paid to create a contract to pay Lender for the use, forbearance, or detention of moneythe 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 interestpertaining to the indebtedness evidenced hereby, in excess of 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 ipso facto, the obligation to be fulfilled shall be reduced to the limit of such validity, and 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 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 refunded to Borrower. All sums paid or agreed to be paid by Borrower for the use, forbearance or detention of the indebtedness of Borrower to Lender hereunder shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full in such manner that there will be no violation of applicable laws pertaining to the maximum rate or 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 liable for unearned interest thereon or shall ever be required to pay interest thereon in excess of the maximum amount that which may be lawfully contracted for, charged under applicable law from time or received with respect to time in effectsuch 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 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 Borrower. The provisions of this Section shall be given precedence over any other provision contained herein or in any other agreement between the parties hereto that is in conflict with the provisions of this section 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 (a) the maturity of this Note is accelerated for any reason, (b) 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 (c) Lender or any other holder of the 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 promptly applied to reduce the then outstand- ing Principal of this Note or, at Lender's or such holder's option, promptly returned to Borrower or the other payor thereof upon such determination. In determining whether or not the interest paid or payable, under any specific circumstance, exceeds the maximum amount permitted under applicable law, Lender and Borrower (and any other payors of this Note) shall to the 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 effects thereof, and (c) amortize, prorate, allocate, and spread the total amount of interest throughout the entire contemplated term of this Note in accordance with the amounts outstanding from time to time hereunder and the maximum legal rate of interest from time to time in effect under applicable law in order to lawfully charge the maximum amount of interest permitted under applicable law. In the event applicable law provides for an interest ceiling under Chapter 303 of the Texas Finance Code (the "Texas Finance Code") as amended, for that day, the 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 State of Texas or the laws of the United States of America, whichever laws allow the greater interest, as such laws now exist or may be changed or amended or come into effect in the futureSection.

Usury Laws. (a) It is the intention of the parties hereto that each Lender shall conform strictly to this Note usury laws applicable to comply with all applicable lawsit. Accordingly, including, without limitation, usury laws. In furtherance thereof, Xxxxxxxx stipulates the parties hereto stipulate and agrees with Lender agree that none of the terms and provisions contained in the Loan Notes, this Agreement, or any of the other Credit Documents shall ever be construed to create a contract to pay to any Lender for the use, forbearance, or detention of money, or interest, money at a rate in excess of the maximum amount Highest Lawful Rate applicable to such Lender, and that for purposes hereof, "interest" shall include the aggregate of all charges or other consideration which constitute interest permitted to be charged by under applicable law in effect from time to time. Neither Borrower nor any present or future guarantorslaws and are contracted for, endorserstaken, reserved, charged, or received under any of this Agreement, the Notes, or the other persons Credit Documents or entities hereafter becoming liable otherwise in 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 payment 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 obligations hereunder and other aforesaid Credit Documents or agreements or otherwise in connection with the Notes shall 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 no circumstances exceed the maximum amount that may be lawfully charged under allowed by the law applicable law from time to time in effectsuch Lender, and any excess shall be credited by such Lender on the principal amount of the Indebtedness of the Borrower owed to such Lender (or, if the principal amount of such Indebtedness shall have been 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 Section 13.18(a) shall control over all other provisions of this Agreement, the Loan Notes, and the other Credit Documents that which may be in conflict or apparent conflict herewith. Lender expressly disavows The parties further stipulate and agree that, without limitation on the foregoing, all calculations of the rate or amount of interest contracted for, taken, reserved, charged or received under any intention to charge or collect excessive unearned interest or finance charges in the event the maturity of this Note is accelerated. If (a) Agreement, the maturity of this Note is accelerated for any reasonNotes, (b) 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 (c) Lender or any other holder of the Note shall otherwise collect moneys Credit Documents which are determined made for the purpose of determining whether such rate or amount exceed the Highest Lawful Rate shall be made, to constitute interest which would otherwise increase the interest hereon to an amount in excess of that extent permitted to be charged by applicable law, then all sums determined to constitute interest in excess by amortizing, prorating, allocating, and spreading during the period of such legal limit shallthe full stated term of the Indebtedness, without penalty, be promptly applied to reduce the then outstand- ing Principal of this Note or, at Lender's or such holder's option, promptly returned to Borrower or the other payor thereof upon such determination. In determining whether or not the interest paid or payable, under any specific circumstance, exceeds the maximum amount and if longer and if permitted under by applicable law, Lender and Borrower (and until payment in full, all interest at any other payors of this Note) shall to the greatest extent permitted under applicable lawtime so contracted for, (a) characterize any non-Principal payment as an expensetaken, fee reserved, charged, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate, and spread the total amount of interest throughout the entire contemplated term of this Note in accordance with the amounts outstanding from time to time hereunder and the maximum legal rate of interest from time to time in effect under applicable law in order to lawfully charge the maximum amount of interest permitted under applicable law. In the event applicable law provides for an interest ceiling under Chapter 303 of the Texas Finance Code (the "Texas Finance Code") as amended, for that day, the 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 State of Texas or the laws of the United States of America, whichever laws allow the greater interest, as such laws now exist or may be changed or amended or come into effect in the futurereceived.

Usury Laws. (a) It is the intention of the parties hereto that each Lender shall conform strictly to this Note usury laws applicable to comply with all applicable lawsit. Accordingly, including, without limitation, usury laws. In furtherance thereof, Xxxxxxxx stipulates the parties hereto stipulate and agrees with Lender agree that none of the terms and provisions contained in the Loan Notes, this Agreement, or any of the other Credit Documents shall ever be construed to create a contract to pay to any Lender for the use, forbearance, or detention of money, or interest, money at a rate in excess of the maximum amount Highest Lawful Rate applicable to such Lender, and that for purposes hereof, "interest" shall include the aggregate of all charges or other consideration which constitute interest permitted to be charged by under applicable law in effect from time to time. Neither Borrower nor any present or future guarantorslaws and are contracted for, endorserstaken, reserved, -132- 134 charged, or received under any of this Agreement, the Notes, or the other persons Credit Documents or entities hereafter becoming liable otherwise in 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 payment 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 obligations hereunder and other aforesaid Credit Documents or agreements or otherwise in connection with the Notes shall 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 no circumstances exceed the maximum amount that may be lawfully charged under allowed by the law applicable law from time to time in effectsuch Lender, and any excess shall be credited by such Lender on the principal amount of the Indebtedness of the Borrower owed to such Lender (or, if the principal amount of such Indebtedness shall have been 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 Section 13.18(a) shall control over all other provisions of this Agreement, the Loan Notes, and the other Credit Documents that which may be in conflict or apparent conflict herewith. Lender expressly disavows The parties further stipulate and agree that, without limitation on the foregoing, all calculations of the rate or amount of interest contracted for, taken, reserved, charged or received under any intention to charge or collect excessive unearned interest or finance charges in the event the maturity of this Note is accelerated. If (a) Agreement, the maturity of this Note is accelerated for any reasonNotes, (b) 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 (c) Lender or any other holder of the Note shall otherwise collect moneys Credit Documents which are determined made for the purpose of determining whether such rate or amount exceed the Highest Lawful Rate shall be made, to constitute interest which would otherwise increase the interest hereon to an amount in excess of that extent permitted to be charged by applicable law, then all sums determined to constitute interest in excess by amortizing, prorating, allocting, and spreading during the period of such legal limit shallthe full stated term of the Indebtedness, without penalty, be promptly applied to reduce the then outstand- ing Principal of this Note or, at Lender's or such holder's option, promptly returned to Borrower or the other payor thereof upon such determination. In determining whether or not the interest paid or payable, under any specific circumstance, exceeds the maximum amount and if longer and if permitted under by applicable law, Lender and Borrower (and until payment in full, all interest at any other payors of this Note) shall to the greatest extent permitted under applicable lawtime so contracted for, (a) characterize any non-Principal payment as an expensetaken, fee reserved, charged, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate, and spread the total amount of interest throughout the entire contemplated term of this Note in accordance with the amounts outstanding from time to time hereunder and the maximum legal rate of interest from time to time in effect under applicable law in order to lawfully charge the maximum amount of interest permitted under applicable law. In the event applicable law provides for an interest ceiling under Chapter 303 of the Texas Finance Code (the "Texas Finance Code") as amended, for that day, the 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 State of Texas or the laws of the United States of America, whichever laws allow the greater interest, as such laws now exist or may be changed or amended or come into effect in the futurereceived.

Usury Laws. It is the intention of the The parties hereto intend to this Note contract in strict compliance with applicable usury law from time to comply with all applicable laws, including, without limitation, usury lawstime in effect. In furtherance thereof, Xxxxxxxx stipulates the parties hereto stipulate and agrees with Lender agree that none of the terms and provisions contained in the this Mortgage or any other Loan Documents Document shall ever be construed to create a contract to pay pay, for the use, forbearance, forbearance or detention of money, or interest, interest in excess of the maximum amount of interest permitted to be charged by applicable law in effect from time to timetime in effect. Neither Borrower nor Mortgagor, any present or future guarantors, endorsers, guarantor or any other persons or entities person hereafter becoming liable for the payment of the obligations hereunder and under the other Loan Documents 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 section paragraph shall control over all other provisions provision of the Loan Documents that which 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 acceleratedtherewith. If (a) any indebtedness or obligation owed by Mortgagor under the maturity of this Note is accelerated for any reason, (b) this Note 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 (c) Lender or any other holder of the Note Mortgagee shall otherwise collect moneys which are determined to constitute interest which would otherwise increase the interest hereon on all or any part of such obligations to an amount amounts in excess of that permitted to be charged by applicable lawlaw 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 then outstand- ing Principal outstanding principal of this Note the related indebtedness or obligations or, at LenderMortgagee's or such holder's option, promptly option returned to Borrower Mortgagor or the other payor thereof upon such determination. In determining whether or not the interest any amount paid or payable, under any specific circumstance, exceeds the maximum amount permitted under applicable law, Lender Mortgagee and Borrower (and any other payors of this Note) Mortgagor shall to the greatest extent permitted under applicable law, (a) characterize any non-Principal principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate, allocate and spread the total amount of interest throughout the entire contemplated term of this Note the Loan Agreement in accordance with the amounts outstanding from time to time hereunder and the maximum legal rate of interest Maximum Rate from time to time in effect under applicable law in order to lawfully charge the maximum amount of interest permitted under applicable law. If at any time the rate at which interest is payable hereunder exceeds the Maximum Rate, the amount outstanding hereunder shall 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 interest 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. In the event applicable law provides for an interest ceiling under Chapter 303 of the Texas Finance Code (the "Texas Finance Code") as amended, for that day, the ceiling shall be the "weekly ceiling" as defined indicated (weekly) ceiling and shall be used when appropriate in determining the Texas Finance Codemaximum rate permitted by applicable law. As used in this section 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 may be changed or amended or come into effect in the future, and (ii) the term "MAXIMUM RATE" means, at the time of determination, the maximum rate of interest which, under applicable law, may then be charged hereunder.

Usury Laws. It is the intention of the Borrower, Lender and all other 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 terms and provisions contained in the Loan Documents shall ever be construed intend to create a conform to and contract to pay for the use, forbearance, or detention of money, or interest, in excess of the maximum amount of interest permitted to be charged by strict compliance with 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 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 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 Documents) are hereby limited by the provisions of this section Section which shall override and control over all other provisions such agreements, whether now existing or hereafter arising. In no way, nor in any event or contingency (including but not limited to prepayment, default, demand for payment, or acceleration 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 any obligation), shall the interest taken, reserved, contracted for, charged, chargeable, or received under this Note is acceleratedAgreement, the Note, any of the other Loan Documents, or otherwise, exceed the maximum amount permitted under applicable law ("Maximum Amount"). If, from any possible construction of any document, interest would otherwise be payable in excess of the 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 reduced to the Maximum Amount, without the necessity of execution of any amendment or new document. If (a) the maturity Lender shall ever receive anything of value which is characterized as interest under applicable law and which would apart from this Note is accelerated for any reason, (b) this Note is prepaid and as a result any amounts held to constitute interest are determined to provision be in excess of the legal maximumMaximum Amount, or (c) Lender or any other holder of an amount equal to the Note shall otherwise collect moneys which are determined to constitute interest amount which would otherwise increase the have been excessive 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 promptly applied to reduce the then outstand- ing Principal reduction of this Note orthe principal amount owing on the Indebtedness in the inverse order of its maturity and not to the payment of interest, at Lender's or such holder's option, promptly returned be refunded to Borrower or the other payor thereof upon thereof, at the election of Lender in its sole discretion or as required by applicable law. The right to accelerate maturity of the Note or any other Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of such determinationacceleration, and Lender does not intend to charge or receive any unearned interest in the event of acceleration. In determining whether or not the All interest paid or payableagreed to be paid to Lender shall, under any specific circumstance, exceeds to the maximum amount extent permitted under by applicable law, Lender and Borrower (and any other payors of this Note) shall to the greatest extent permitted under applicable lawbe amortized, (a) characterize any non-Principal payment as an expenseprorated, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate, allocated and spread throughout the total full stated term (including any renewal or extension) of such Indebtedness so that the amount of interest throughout on account of such Indebtedness does not exceed the entire contemplated term of this Note in accordance with the amounts outstanding from time to time hereunder and the maximum legal rate of interest from time to time in effect under applicable law in order to lawfully charge the maximum amount of interest permitted under applicable law. In the event applicable law provides for an interest ceiling under Chapter 303 of the Texas Finance Code (the "Texas Finance Code") as amended, for that day, the ceiling shall be the "weekly ceiling" as defined in the Texas Finance CodeMaximum Amount. As used in this section Section, the term "applicable law" means shall mean the laws of the State of Texas Florida or the federal laws of the United States of Americaapplicable to this transaction, whichever laws allow the greater interest, as such laws now exist or may be changed or amended or come into effect in the future.

Usury Laws. It is The parties hereto intend to conform strictly ---------- to the intention of the parties to this Note to comply with all applicable laws, including, without limitation, usury laws. In furtherance thereof, Xxxxxxxx stipulates All agreements between Borrower (and agrees with Lender that none any other party liable for any part of the terms Liabilities) and provisions contained Lender whether now existing or hereafter arising and whether written or oral, are expressly limited so that in no event whatsoever, whether by reason of acceleration of the Loan Documents maturity of the Liabilities or otherwise, shall ever the interest contracted for, charged or received by Lender or otherwise exceed the maximum amount permissible under Applicable Law. If from any circumstances whatsoever interest would otherwise be construed payable to create a contract to pay for the use, forbearance, or detention of money, or interest, Lender in excess of the maximum lawful amount, the interest payable to Lender shall be reduced automatically to the maximum amount permitted under Applicable Law. If Lender shall ever receive anything of interest permitted value deemed to be charged by applicable law in effect interest under Applicable Law which would apart 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 this provision be liable for unearned interest thereon or shall ever be required to pay interest thereon in excess of the maximum lawful amount, the amount which would have been excessive interest shall be applied to the reduction of the principal amount owing on the Liabilities in inverse order of maturity and not to the payment of interest, or if such amount which would have been excessive interest exceeds the unpaid principal balance of the Liabilities, such excess shall be refunded to Borrower, or to the maker of other evidence of indebtedness if other than Borrower. All interest paid or agreed to be paid to Lender shall, to the extent permitted by Applicable Law, be amortized, prorated, allocated and spread throughout the full stated term, including any renewal of extension, of such indebtedness so that may be lawfully charged under the amount of interest on account of such indebtedness does not exceed the maximum permitted by applicable law from time to time in effect, law. The terms and the provisions of this section Section shall control over and supersede every other provision of 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 (a) the maturity of this Note is accelerated for any reason, (b) this Note is prepaid existing and as a result any amounts held to constitute interest are determined to be in excess of the legal maximum, or (c) Lender or any other holder of the 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 promptly applied to reduce the then outstand- ing Principal of this Note or, at future agreements between Borrower and Lender's or such holder's option, promptly returned to Borrower or the other payor thereof upon such determination. In determining whether or not the interest paid or payable, under any specific circumstance, exceeds the maximum amount permitted under applicable law, Lender and Borrower (and any other payors of this Note) shall to the 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 effects thereof, and (c) amortize, prorate, allocate, and spread the total amount of interest throughout the entire contemplated term of this Note in accordance with the amounts outstanding from time to time hereunder and the maximum legal rate of interest from time to time in effect under applicable law in order to lawfully charge the maximum amount of interest permitted under applicable law. In the event applicable law provides for an interest ceiling under Chapter 303 of the Texas Finance Code (the "Texas Finance Code") as amended, for that day, the 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 State of Texas or the laws of the United States of America, whichever laws allow the greater interest, as such laws now exist or may be changed or amended or come into effect in the future.

Usury Laws. It is the intention express intent hereof that Borrower not pay and Lender not receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be legally paid by Borrower under applicable law, and the note is subject to the express condition that at no time shall Borrower be obligated or required to pay, nor shall Lender be permitted to collect, interest on the principal balance of the parties Note at a rate which could subject Lender 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 either civil or criminal liability as a result of being in excess of the terms and provisions contained in maximum rate which Borrower is permitted by law to agree to pay. If any such excess amount of interest is contracted for, charged, paid, 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 ever be construed 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 create a contract 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 for the use, forbearance, or detention amount of money, or interest, such interest to the extent that it is in excess of the 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 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 section 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 (a) the maturity of this Note is accelerated for any reasonlaw, (b) this Note is prepaid and any such excess which may have been collected shall, at Xxxxxx's option, either be applied as a result any amounts held to constitute interest are determined to be in excess credit against the then unpaid principal amount of the legal maximum, Note or refunded to Borrower and (c) Lender or any other holder the effective rate of the Note interest shall otherwise collect moneys which are determined be automatically reduced 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 promptly applied to reduce the then outstand- ing Principal of this Note or, at Lender's or such holder's option, promptly returned to Borrower or the other payor thereof upon such determination. In determining whether or not the interest paid or payable, under any specific circumstance, exceeds the maximum amount permitted lawful rate of interest allowed under applicable law, Lender and Borrower (and any other payors as now or hereafter construed by the courts having jurisdiction thereof. Without limiting the generality of this Note) shall to the greatest extent permitted under applicable lawforegoing, (a) characterize any non-Principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and all calculations of the effects thereof, and (c) amortize, prorate, allocate, and spread the total amount of interest throughout the entire contemplated term of this Note in accordance with the amounts outstanding from time to time hereunder and the maximum legal rate of interest from time to time in effect contracted for, charged or received under applicable law in order to lawfully charge the Loan Documents or the Note which are made for the purposes of determining whether such rate exceeds the maximum amount of interest permitted under by applicable law shall be made, to the extent permitted by applicable law. In , by amortizing, prorating, allocating and spreading in equal parts during the event applicable law provides for an interest ceiling under Chapter 303 period of the Texas Finance Code (the "Texas Finance Code") as amended, for that day, the ceiling shall be the "weekly ceiling" as defined in the Texas Finance Code. As used in this section the full stated term "applicable law" means the laws of the State of Texas Note, all interest at any time contracted for, charged or received in connection with the laws of indebtedness evidenced by the United States of America, whichever laws allow the greater interest, as such laws now exist or may be changed or amended or come into effect in the futureNote.

Usury Laws. It is This Security Instrument and the intention Debentures are subject to the express condition that at no time shall Ener1 (or pursuant to the Subsidiary Guaranty, Mortgagor on behalf of Ener1) be obligated or required to pay interest on the Debts at a rate which could subject the holder of any Debenture to either civil or criminal liability as a result of being in excess of the parties maximum interest rate which Ener1 (or pursuant to the Subsidiary Guaranty, Mortgagor on behalf of Ener1) is permitted by applicable law to contract or agree to pay. If by the terms of this Note Security Instrument or any Debentures, Ener1 (or pursuant to comply with the Subsidiary Guaranty, Mortgagor on behalf of Ener1) is at any time required or obligated to pay interest on the Debts at a rate in excess of such maximum rate, the rate of interest under this Security Instrument and such Debenture shall be deemed to be immediately reduced to such maximum rate and the interest payable shall be computed at such maximum rate and all applicable laws, including, without limitation, usury laws. In furtherance thereof, Xxxxxxxx stipulates prior interest payments in excess of such maximum rate shall be applied and agrees with Lender that none shall be deemed to have been payments in reduction of the terms and provisions contained in the Loan Documents shall ever principal balance of such Debenture. All sums paid or agreed to be construed paid to create Agent, on behalf of Mortgagees, or a contract to pay Mortgagee for the use, forbearance, or detention of moneythe Debts shall, or interest, in excess of to the maximum amount of interest extent 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 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 section 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 (a) the maturity of this Note is accelerated for any reason, (b) 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 (c) Lender or any other holder of the 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 shallbe amortized, without penaltyprorated, be promptly applied to reduce the then outstand- ing Principal of this Note or, at Lender's or such holder's option, promptly returned to Borrower or the other payor thereof upon such determination. In determining whether or not the interest paid or payable, under any specific circumstance, exceeds the maximum amount permitted under applicable law, Lender and Borrower (and any other payors of this Note) shall to the 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 effects thereof, and (c) amortize, prorate, allocateallocated, and spread throughout the total full stated term of the applicable Debenture until payment in full so that the rate or amount of interest throughout on account of the entire contemplated term of this Note in accordance with the amounts outstanding from time to time hereunder and Debts does not exceed the maximum legal lawful rate of interest from time to time in effect under and applicable law in order to lawfully charge the maximum amount of interest permitted under applicable law. In the event applicable law provides Debts for an interest ceiling under Chapter 303 so long as any portion of the Texas Finance Code (the "Texas Finance Code") as amended, for that day, the 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 State of Texas or the laws of the United States of America, whichever laws allow the greater interest, as such laws now exist or may be changed or amended or come into effect in the futureDebts are outstanding.

Usury Laws. It is the intention of the The parties hereto intend to this Note contract in strict compliance with applicable usury law from time to comply with all applicable laws, including, without limitation, usury lawstime in effect. In furtherance thereof, Xxxxxxxx stipulates the parties hereto stipulate and agrees with Lender agree that none of the terms and provisions contained in the this Mortgage or any other Loan Documents Document shall ever be construed to create a contract to pay pay, for the use, forbearance, forbearance or detention of money, or interest, interest in excess of the maximum amount of interest permitted to be charged by applicable law in effect from time to timetime in effect. Neither Borrower nor Mortgagor, any present or future guarantors, endorsers, guarantor or any other persons or entities person hereafter becoming liable for the payment of the obligations hereunder and under the other Loan Documents 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 section paragraph shall control over all other provisions provision of the Loan Documents that which 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 acceleratedtherewith. If (a) any indebtedness or obligation owed by Mortgagor under the maturity of this Note is accelerated for any reason, (b) this Note 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 (c) Lender or any other holder of the Note Mortgagee shall otherwise collect moneys which are determined to constitute interest which would otherwise increase the interest hereon on all or any part of such obligations to an amount amounts in excess of that permitted to be charged by applicable lawlaw 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 then outstand- ing Principal outstanding principal of this Note the related indebtedness or obligations or, at LenderMortgagee's or such holder's option, promptly option returned to Borrower Mortgagor or the other payor thereof upon such determination. In determining whether or not the interest any amount paid or payable, under any specific circumstance, exceeds the maximum amount permitted under applicable law, Lender Mortgagee and Borrower (and any other payors of this Note) Mortgagor shall to the greatest extent permitted under applicable law, (a) characterize any non-Principal principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate, allocate and spread the total amount of interest throughout the entire contemplated term of this the Note in accordance with the amounts outstanding from time to time hereunder and the maximum legal rate of interest Maximum Rate from time to time in effect under applicable law in order to lawfully charge the maximum amount of interest permitted under applicable law. In If at any time the event applicable law provides for an rate at which interest ceiling under Chapter 303 of is payable hereunder exceeds the Texas Finance Code (the "Texas Finance Code") as amended, for that dayMaximum Rate, the ceiling amount outstanding hereunder 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 State of Texas or the laws of the United States of America, whichever laws allow the greater interest, as such laws now exist or may be changed or amended or come into effect in the future.bear interest at the

Usury Laws. It is the intention of the Borrower, Lender and all other 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 terms and provisions contained in the Loan Documents shall ever be construed intend to create a conform to and contract to pay for the use, forbearance, or detention of money, or interest, in excess of the maximum amount of interest permitted to be charged by strict compliance with 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 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 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 Documents) are hereby limited by the provisions of this section Section which shall override and control over all other provisions such agreements, whether now existing or hereafter arising. In no way, nor in any event or contingency (including but not limited to prepayment, default, demand for payment, or acceleration 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 any obligation), shall the interest taken, reserved, contracted for, charged, chargeable, or received under this Note is acceleratedAgreement, the Note, any of the other Loan Documents, or otherwise, exceed the maximum amount permitted under applicable law ("MAXIMUM AMOUNT"). If, from any possible construction of any document, interest would otherwise be payable in excess of the 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 reduced to the Maximum Amount, without the necessity of execution of any amendment or new document. If (a) the maturity Lender shall ever receive anything of value which is characterized as interest under applicable law and which would apart from this Note is accelerated for any reason, (b) this Note is prepaid and as a result any amounts held to constitute interest are determined to provision be in excess of the legal maximumMaximum Amount, or (c) Lender or any other holder of an amount equal to the Note shall otherwise collect moneys which are determined to constitute interest amount which would otherwise increase the have been excessive 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 promptly applied to reduce the then outstand- ing Principal reduction of this Note orthe principal amount owing on the Indebtedness in the inverse order of its maturity and not to the payment of interest, at Lender's or such holder's option, promptly returned be refunded to Borrower or the other payor thereof upon thereof, at the election of Lender in its sole discretion or as required by applicable law. The right to accelerate maturity of the Note or any other Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of such determinationacceleration, and Lender does not intend to charge or receive any unearned interest in the event of acceleration. In determining whether or not the All interest paid or payableagreed to be paid to Lender shall, under any specific circumstance, exceeds to the maximum amount extent permitted under by applicable law, Lender and Borrower (and any other payors of this Note) shall to the greatest extent permitted under applicable lawbe amortized, (a) characterize any non-Principal payment as an expenseprorated, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate, allocated and spread throughout the total full stated term (including any renewal or extension) of such Indebtedness so that the amount of interest throughout on account of such Indebtedness does not exceed the entire contemplated term of this Note in accordance with the amounts outstanding from time to time hereunder and the maximum legal rate of interest from time to time in effect under applicable law in order to lawfully charge the maximum amount of interest permitted under applicable law. In the event applicable law provides for an interest ceiling under Chapter 303 of the Texas Finance Code (the "Texas Finance Code") as amended, for that day, the ceiling shall be the "weekly ceiling" as defined in the Texas Finance CodeMaximum Amount. As used in this section Section, the term "applicable law" means shall mean the laws of the State of Texas FLORIDA or the federal laws of the United States of Americaapplicable to this transaction, whichever laws allow the greater interest, as such laws now exist or may be changed or amended or come into effect in the future.

Usury Laws. It is the intention of the Borrower, Bank and all other 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 terms and provisions contained in the Loan Documents shall ever be construed intend to create a conform to and contract to pay for the use, forbearance, or detention of money, or interest, in excess of the maximum amount of interest permitted to be charged by strict compliance with 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 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 usury law from time to time in effect, . All agreements between Borrower and Bank (or any other party liable with respect to any Indebtedness under the Loan Documents) are hereby limited by the provisions of this section Section which shall override and control over all other provisions such agreements, whether now existing or hereafter arising. In no way, nor in any event or contingency (including but not limited to prepayment, default, demand for payment, or acceleration 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 any obligation), shall the interest taken, reserved, contracted for, charged, chargeable, or received under this Note is acceleratedAgreement, the Note, any of the other Loan Documents, or otherwise, exceed the maximum amount permitted under applicable law (“Maximum Amount”). If, from any possible construction of any document, interest would otherwise be payable in excess of the 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 reduced to the Maximum Amount, without the necessity of execution of any amendment or new document. If (a) the maturity Bank shall ever receive anything of value which is characterized as interest under applicable law and which would apart from this Note is accelerated for any reason, (b) this Note is prepaid and as a result any amounts held to constitute interest are determined to provision be in excess of the legal maximumMaximum Amount, or (c) Lender or any other holder of an amount equal to the Note shall otherwise collect moneys which are determined to constitute interest amount which would otherwise increase the have been excessive 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 promptly applied to reduce the then outstand- ing Principal reduction of this Note orthe principal amount owing on the Indebtedness in the inverse order of its maturity and not to the payment of interest, at Lender's or such holder's option, promptly returned be refunded to Borrower or the other payor thereof upon thereof, at the election of Bank in its sole discretion or as required by applicable law. The right to accelerate maturity of the Note or any other Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of such determinationacceleration, and does not intend to charge or receive any unearned interest in the event of acceleration. In determining whether or not the All interest paid or payableagreed to be paid to Bank shall, under any specific circumstance, exceeds to the maximum amount extent permitted under by applicable law, Lender and Borrower (and any other payors of this Note) shall to the greatest extent permitted under applicable lawbe amortized, (a) characterize any non-Principal payment as an expenseprorated, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate, allocated and spread throughout the total full stated term (including any renewal or extension) of such Indebtedness so that the amount of interest throughout on account of such Indebtedness does not exceed the entire contemplated term of this Note in accordance with the amounts outstanding from time to time hereunder and the maximum legal rate of interest from time to time in effect under applicable law in order to lawfully charge the maximum amount of interest permitted under applicable law. In the event applicable law provides for an interest ceiling under Chapter 303 of the Texas Finance Code (the "Texas Finance Code") as amended, for that day, the ceiling shall be the "weekly ceiling" as defined in the Texas Finance CodeMaximum Amount. As used in this section Section, the term "“applicable law" means ” shall mean the laws of the State of Texas Arizona or the federal laws of the United States of Americaapplicable to this transaction, whichever laws allow the greater interest, as such laws now exist or may be changed or amended or come into effect in the future.

Usury Laws. It is the intention of the parties Borrower and Lender 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 terms and provisions contained in the Loan Documents shall ever be construed to create a contract to pay for the use, forbearance, or detention of money, or interest, in excess of the 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 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 section 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 (a) the maturity of this Note is accelerated for any reason, (b) 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 (c) Lender or any other holder of the 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 promptly applied to reduce the then outstand- ing Principal of this Note or, at Lender's or such holder's option, promptly returned to Borrower or the other payor thereof upon such determination. In determining whether or not the interest paid or payable, under any specific circumstance, exceeds the maximum amount permitted under applicable law, Lender and Borrower (and any other payors of this Note) shall conform strictly to the 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 usury and the effects thereof, and (c) amortize, prorate, allocate, and spread the total amount of interest throughout the entire contemplated term of this Note in accordance with the amounts outstanding from time similar laws relating to time hereunder and the maximum legal rate of interest from time to time in effect force, and all 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 be paid in the aggregate to Lender as interest hereunder or under the other Loan Documents or in any other security agreement given to secure the Debt, or in any other document evidencing, securing or pertaining to the Debt, exceed the maximum permissible under applicable law in order to lawfully charge the maximum amount of interest permitted under applicable law. In the event applicable law provides for an interest ceiling under Chapter 303 of the Texas Finance Code usury or such other laws (the "Texas Finance CodeMaximum Amount") as amended). If from any possible construction of any document, interest would otherwise be payable hereunder or under any other Loan Document in excess of the Maximum Amount, or in the event for that dayany 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, the ceiling then any such construction shall be subject to the "weekly ceiling" as defined provisions of this Section, and ipso facto such document shall be automatically reformed, without the necessity of the execution of any amendment or new document, so that the obligation of Borrower to pay interest or perform such act or requirement shall be reduced to the limit authorized under the applicable laws, and in no event shall Borrower be obligated to pay any interest, perform any act, or be bound by any requirement which would result in the Texas Finance Code. As used payment of interest in this section the term "applicable law" means the laws excess of the State of Texas or the laws Maximum Amount. Any amount received by Lender in excess of the United States Maximum Amount shall, without further agreement or notice between or by any party hereto, be deemed applied to reduce the principal amount of Americathe Note immediately upon receipt of such moneys by Lender, whichever laws allow with the greater interest, same force and effect as though Borrower had specifically designated such laws now exist sums to be applied to principal prepayment. The provisions of this Section shall supersede any inconsistent provision of this Security Instrument or may be changed or amended or come into effect in the futureany other Loan Document.

Usury Laws. It is the intention of the Borrower, Agent, Lenders and all other 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 terms and provisions contained in the Loan Documents shall ever be construed intend to create a conform to and contract to pay for the use, forbearance, or detention of money, or interest, in excess of the maximum amount of interest permitted to be charged by strict compliance with 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 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 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 Documents) are hereby limited by the provisions of this section Section which shall override and control over all other provisions such agreements, whether now existing or hereafter arising. In no way, nor in any event or contingency (including but not limited to prepayment, default, demand for payment, or acceleration 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 any obligation), shall the interest taken, reserved, contracted for, charged, chargeable, or received under this Note is acceleratedAgreement, the Notes, any of the other Loan Documents, or otherwise, exceed the maximum amount permitted under applicable law ("Maximum Amount"). If, from any possible construction of any document, interest would otherwise be payable in excess of the 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 reduced to the Maximum Amount, without the necessity of execution of any amendment or new document. If (a) the maturity Lenders shall ever receive anything of value which is characterized as interest under applicable law and which would apart from this Note is accelerated for any reason, (b) this Note is prepaid and as a result any amounts held to constitute interest are determined to provision be in excess of the legal maximumMaximum Amount, or (c) Lender or any other holder of an amount equal to the Note shall otherwise collect moneys which are determined to constitute interest amount which would otherwise increase the have been excessive 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 promptly applied to reduce the then outstand- ing Principal reduction of this the principal amount owing on either Note orin the inverse order of its maturity and not to the payment of interest, at Lender's or such holder's option, promptly returned be refunded to Borrower or the other payor thereof upon 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 Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of such determinationacceleration, and Lenders do not intend to charge or receive any unearned interest in the event of acceleration. In determining whether or not the All interest paid or payable, under any specific circumstance, exceeds the maximum amount permitted under applicable law, Lender and Borrower (and any other payors of this Note) shall to the 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 effects thereof, and (c) amortize, prorate, allocate, and spread the total amount of interest throughout the entire contemplated term of this Note in accordance with the amounts outstanding from time to time hereunder and the maximum legal rate of interest from time to time in effect under applicable law in order to lawfully charge the maximum amount of interest permitted under applicable law. In the event applicable law provides for an interest ceiling under Chapter 303 of the Texas Finance Code (the "Texas Finance Code") as amended, for that day, the 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 State of Texas or the laws of the United States of America, whichever laws allow the greater interest, as such laws now exist or may be changed or amended or come into effect in the future.50

Usury Laws. It is the intention of the parties to this Note conform strictly to comply with all applicable the usury laws, includingwhether state or Federal, without limitationthat are applicable to this Note. All agreements between the Borrower and the Lender, usury laws. In furtherance thereofwhether now existing or hereafter arising and whether oral or written, Xxxxxxxx stipulates and agrees with 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 be paid to the Lender that none of or the terms and provisions contained in the Loan Documents shall ever be construed to create a contract to pay holder hereof, or collected by Lender or such holder, for the use, forbearance, forbearance or detention of moneythe money to be loaned hereunder or otherwise, or interestfor the payment or performance of any covenant or obligation contained herein, or in excess any of the Loan Documents, exceed the maximum amount permissible under applicable Federal or State usury laws. If under any circumstances whatsoever fulfillment of interest permitted 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 charged 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 in effect 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. Neither Borrower nor any present or future guarantors, endorsers, or other persons or entities hereafter becoming liable for payment of shall to the 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 maximum amount that may be lawfully charged under applicable law from time to time in effect, and the provisions of this section 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 (a) the maturity of this Note is accelerated for any reason, (b) 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 (c) Lender or any other holder of the 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 extent permitted to be charged by applicable law, then all sums determined and to constitute interest in excess the extent necessary to preclude exceeding the limit of such legal limit shall, without penaltyvalidity prescribed by law, be promptly applied to reduce amortized, pro-rated, allocated and spread from the then outstand- ing Principal date of disbursement of the proceeds of this Note or, at Lender's or such holder's option, promptly returned to Borrower or until payment in full of the other payor thereof upon such determination. In determining whether or not the interest paid or payable, under any specific circumstance, exceeds the maximum amount permitted under applicable law, Lender and Borrower (and any other payors of this Note) shall to the 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 effects thereofLoan evidenced hereby, and (c) amortizethereby, prorate, allocate, and spread so that the total amount of interest throughout the entire contemplated term of this Note in accordance with the amounts outstanding from time to time hereunder and the maximum legal actual rate of interest from time to time in effect under applicable law in order to lawfully charge on account of such indebtedness is uniform throughout the maximum amount term hereof and thereof. The terms and provisions of interest permitted under applicable law. In the event applicable law provides for an interest ceiling under Chapter 303 this paragraph shall control and supersede every other provision of the Texas Finance Code (the "Texas Finance Code") as amended, for that dayall agreements between Borrower, the ceiling shall be Guarantor and the "weekly ceiling" as defined in the Texas Finance Code. As used in this section 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 may be changed or amended or come into effect in the futureLender.