Common use of Maximum Interest Clause in Contracts

Maximum Interest. The provisions of this Security Instrument and of all agreements between Borrower and Lender, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the maturity of the Note or otherwise, shall the amount paid, or agreed to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be 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 period until payment in full of the principal balance of the Note so that the Interest thereon for such full period will not exceed the maximum amount permitted by applicable law. This Section will control all agreements between Borrower and Lender.

Maximum Interest. The provisions Regardless of this Security Instrument and any provision contained in any of all agreements between Borrower and Lenderthe Loan Documents, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoeverwhatsoever shall the aggregate of all amounts that are contracted for, whether charged or received by reason Agent and Lenders pursuant to the terms of demand this Agreement or acceleration any of the other Loan Documents and that are deemed interest under Applicable Law exceed the highest rate permissible under any Applicable Law. No agreements, conditions, provisions or stipulations contained in this Agreement or any of the other Loan Documents or the exercise by Agent of the right to accelerate the payment or the maturity of all or any portion of the Note Obligations, or otherwisethe exercise of any option whatsoever contained in any of the Loan Documents, or the prepayment by Borrower of any of the Obligations, or the occurrence of any contingency whatsoever, shall the amount paidentitle Agent or any Lender to charge or receive in any event, interest or agreed any charges, amounts, premiums or fees deemed interest by Applicable Law (such interest, charges, amounts, premiums and fees referred to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (“herein collectively as "Interest”") exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amountMaximum Rate and in no event shall Borrower be obligated to pay Interest exceeding such Maximum Rate, and all agreements, conditions or stipulations, if any, which may in any event or contingency whatsoever operate to bind, obligate or compel Borrower to pay Interest exceeding the Maximum Rate shall be without binding force or effect, at law or in equity, to the extent only of the excess of Interest over such Maximum Rate. If any Interest is charged or received in excess of the Maximum Rate ("Excess"), Borrower acknowledges and stipulates that any such charge or receipt shall be the result of an amount equal accident and bona fide error, and such Excess, to any excessive Interest the extent received, shall be applied first to reduce the principal Obligations and the balance, if any, returned to Borrower, it being the intent of the parties hereto not to enter into a usurious or otherwise illegal relationship. The right to accelerate the maturity of any of the Obligations does not include the right to accelerate any Interest that has not otherwise accrued on the date of such acceleration, and Agent and Lenders do not intend to collect any unearned Interest in the event of any such acceleration. Borrower recognizes that, with fluctuations in the rates of interest set forth in SECTION 2.1.1 of this Agreement, and the Maximum Rate, such an unintentional result could inadvertently occur. All monies paid to Agent or any Lender hereunder or under any of the other Loan Documents, whether at maturity or by prepayment, shall be subject to any rebate of unearned Interest as and to the reduction extent required by Applicable Law. By the execution of this Agreement, Borrower covenants that (i) the credit or return of any Excess shall constitute the acceptance by Borrower of such Excess, and (ii) Borrower shall not seek or pursue any other remedy, legal or equitable, against Agent or any Lender, based in whole or in part upon contracting for, charging or receiving any Interest in excess of the principal balance owing under Maximum Rate. For the Note in the inverse order purpose of its maturity (determining whether or not then due) orany Excess has been contracted for, at the option of charged or received by Agent or any Lender, be paid over to Borrowerall Interest at any time contracted for, and not to charged or received from Borrower in connection with any of the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender Loan Documents shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated and spread in equal parts throughout the full period until payment in full term of the principal balance of the Note so that the Interest thereon for such full period will not exceed Obligations. Borrower, Agent and Lenders shall, to the maximum amount permitted by applicable law. This Section will control all agreements between Borrower and Lender.extent

Maximum Interest. The provisions Regardless of this Security Instrument and any provision contained in any of all agreements between Borrower and Lenderthe Loan Documents, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoeverwhatsoever shall the aggregate of all amounts that are contracted for, whether charged or received by reason Agent and Lenders pursuant to the terms of demand this Agreement or acceleration any of the other Loan Documents and that are deemed interest under Applicable Law exceed the highest rate permissible under any Applicable Law. No agreements, conditions, provisions or stipulations contained in this Agreement or any of the other Loan Documents or the exercise by Agent of the right to accelerate the payment or the maturity of all or any portion of the Note Obligations, or otherwisethe exercise of any option whatsoever contained in any of the Loan Documents, or the prepayment by any or all Borrowers of any of the Obligations, or the occurrence of any contingency whatsoever, shall the amount paidentitle Agent or any Lender to charge or receive in any event, interest or agreed any charges, amounts, premiums or fees deemed interest by Applicable Law (such interest, charges, amounts, premiums and fees referred to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (herein collectively as “Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amountMaximum Rate and in no event shall Borrowers be obligated to pay Interest exceeding such Maximum Rate, and all agreements, conditions or stipulations, if any, which may in any event or contingency whatsoever operate to bind, obligate or compel Borrowers to pay Interest exceeding the Maximum Rate shall be without binding force or effect, at law or in equity, to the extent only of the excess of Interest over such Maximum Rate. If any Interest is charged or received in excess of the Maximum Rate (“Excess”), each Borrower acknowledges and stipulates that any such charge or receipt shall be the result of an amount equal accident and bona fide error, and such Excess, to any excessive Interest the extent received, shall be applied first to reduce the principal Obligations and the balance, if any, returned to Borrowers, it being the intent of the parties hereto not to enter into a usurious or otherwise illegal relationship. The right to accelerate the maturity of any of the Obligations does not include the right to accelerate any Interest that has not otherwise accrued on the date of such acceleration, and Agent and Lenders do not intend to collect any unearned Interest in the event of any such acceleration. Each Borrower recognizes that, with fluctuations in the rates of interest set forth in Section 2.1.1 of this Agreement or in the Term Note, and the Maximum Rate, such an unintentional result could inadvertently occur. All monies paid to Agent or any Lender hereunder or under any of the other Loan Documents, whether at maturity or by prepayment, shall be subject to any rebate of unearned Interest as and to the reduction extent required by Applicable Law. By the execution of this Agreement, each Borrower covenants that (i) the credit or return of any Excess shall constitute the acceptance by such Borrower of such Excess, and (ii) no Borrower shall seek or pursue any other remedy, legal or equitable, against Agent or any Lender, based in whole or in part upon contracting for, charging or receiving any Interest in excess of the principal balance owing under Maximum Rate. For the Note in the inverse order purpose of its maturity (determining whether or not then due) orany Excess has been contracted for, at the option of charged or received by Agent or any Lender, be paid over to Borrowerall Interest at any time contracted for, and not to charged or received from any or all Borrowers in connection with any of the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender Loan Documents shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated and spread in equal parts throughout the full period until payment in full term of the principal balance of the Note so that the Interest thereon for such full period will not exceed Obligations. Borrowers, Agent and Lenders shall, to the maximum amount extent permitted under Applicable Law, (i) characterize any non-principal payment as an expense, fee or premium rather than as Interest and (ii) exclude voluntary prepayments and the effects thereof. The provisions of this Section 2.10 shall be deemed to be incorporated into every Loan Document (whether or not any provision of this Section is referred to therein). All such Loan Documents and communications relating to any Interest owed by applicable law. This any or all Borrowers and all figures set forth therein shall, for the sole purpose of computing the extent of Obligations, be automatically recomputed by Borrowers, and by any court considering the same, to give effect to the adjustments or credits required by this Section will control all agreements between Borrower and Lender2.10.

Maximum Interest. The provisions Regardless of any provision contained in this Security Instrument and ------------------ Agreement or any of all agreements between Borrower and Lenderthe other Loan Documents, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoeverwhatsoever shall the aggregate of all amounts that are contracted for, whether charged or received by reason Lender pursuant to the terms of demand this Agreement or acceleration any of the other Loan Documents and that are deemed interest under Applicable Laws exceed the highest rate permissible under any Applicable Laws. No agreements, conditions, provisions or stipulations contained in this Agreement or any of the other Loan Documents or the exercise by Lender of the right to accelerate the payment or the maturity of all or any portion of the Note Obligations, or otherwisethe exercise of any option whatsoever contained in any of the Loan Documents, or the prepayment by Borrowers of any of the Obligations, or the occurrence of any contingency whatsoever, shall the amount paidentitle Lender to charge or receive in any event, interest or agreed any charges, amounts, premiums or fees deemed interest by Applicable Laws (such interest, charges, amounts, premiums and fees referred to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (“herein collectively as "Interest”") exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amountMaximum Rate and in no event shall Borrowers be obligated to pay Interest exceeding such Maximum Rate, and all agreements, conditions or stipulations, if any, which may in any event or contingency whatsoever operate to bind, obligate or compel Borrowers to pay Interest exceeding the Maximum Rate shall be without binding force or effect, at law or in equity, to the extent only of the excess of Interest over such Maximum Rate. If any Interest is charged or received in excess of the Maximum Rate ("Excess"), each Borrower acknowledges and stipulates that any such charge or receipt shall be the result of an amount equal accident and bona fide error, and such Excess, to any excessive Interest the extent received, shall be applied first to reduce the principal Obligations and the balance, if any, returned to Borrowers, it being the intent of the parties hereto not to enter into a usurious or otherwise illegal relationship. The right to accelerate the maturity of any of the Obligations does not include the right to accelerate any interest that has not otherwise accrued on the date of such acceleration, and Lender does not intend to collect any unearned interest in the event of any such acceleration. Each Borrower recognizes that, with fluctuations in the rates of interest set forth in Section 2.1.1 of this Agreement and the Maximum Rate, such an unintentional result could inadvertently occur. All monies paid to Lender hereunder or under any of the other Loan Documents, whether at maturity or by prepayment, shall be subject to any rebate of unearned interest as and to the reduction extent required by Applicable Laws. By the execution of this Agreement, each Borrower covenants that (i) the credit or return of any Excess shall constitute the acceptance by Borrowers of such Excess, and (ii) Borrowers shall not seek or pursue any other remedy, legal or equitable, against Lender, based in whole or in part upon contracting for, charging or receiving any Interest in excess of the principal balance owing under Maximum Rate. For the Note in the inverse order purpose of its maturity (determining whether or not then due) orany Excess has been contracted for, at the option of charged or received by Lender, be paid over to Borrowerall interest at any time contracted for, and not to charged or received from Borrowers in connection with any of the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender Loan Documents shall, to the extent permitted by applicable lawApplicable Laws, be amortized, prorated, allocated and spread in equal parts throughout the full period until payment in full term of the principal balance of the Note so that the Interest thereon for such full period will not exceed Obligations. Each Borrower and Lender shall, to the maximum amount extent permitted under Applicable Laws, (i) characterize any non-principal payment as an expense, fee or premium rather than as Interest and (ii) exclude voluntary prepayments and the effects thereof. The provisions of this Section shall be deemed to be incorporated into every Loan Document (whether or not any provision of this Section is referred to therein). All such Loan Documents and communications relating to any Interest owed by applicable law. This Section will control Borrowers and all agreements between Borrower figures set forth therein shall, for the sole purpose of computing the extent of Obligations, be automatically recomputed by Borrowers, and Lenderby any court considering the same, to give effect to the adjustments or credits required by this Section.

Maximum Interest. The provisions Regardless of this Security Instrument and any provision contained in any of all agreements between Borrower and Lenderthe Loan Documents, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoeverwhatsoever shall the aggregate of all amounts that are contracted for, whether charged or received by reason Agent and Lenders pursuant to the terms of demand this Agreement or acceleration any of the other Loan Documents and that are deemed interest under Applicable Law exceed the highest rate permissible under any Applicable Law. No agreements, conditions, provisions or stipulations contained in this Agreement or any of the other Loan Documents or the exercise by Agent of the right to accelerate the payment or the maturity of all or any portion of the Note Obligations, or otherwisethe exercise of any option whatsoever contained in any of the Loan Documents, or the prepayment by Borrower of any of the Obligations, or the occurrence of any contingency whatsoever, shall the amount paidentitle Agent or any Lender to charge or receive in any event, interest or agreed any charges, amounts, premiums or fees deemed interest by Applicable Law (such interest, charges, amounts, premiums and fees referred to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (“herein collectively as "Interest”") exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amountMaximum Rate and in no event shall Borrower be obligated to pay Interest exceeding such Maximum Rate, and all agreements, conditions or stipulations, if any, which may in any event or contingency whatsoever operate to bind, obligate or compel Borrower to pay Interest exceeding the Maximum Rate shall be without binding force or effect, at law or in equity, to the extent only of the excess of Interest over such Maximum Rate. If any Interest is charged or received in excess of the Maximum Rate ("Excess"), Borrower acknowledges and stipulates that any such charge or receipt shall be the result of an amount equal accident and bona fide error, and such Excess, to any excessive Interest the extent received, shall be applied first to reduce the principal Obligations and the balance, if any, returned to Borrower, it being the intent of the parties hereto not to enter into a usurious or otherwise illegal relationship. The right to accelerate the maturity of any of the Obligations does not include the right to accelerate any Interest that has not otherwise accrued on the date of such acceleration, and Agent and Lenders do not intend to collect any unearned Interest in the event of any such acceleration. Borrower recognizes that, with fluctuations in the rates of interest set forth in Section 2.1.1 of this Agreement, and the Maximum Rate, such an unintentional result could inadvertently occur. All monies paid to Agent or any Lender hereunder or under any of the other Loan Documents, whether at maturity or by prepayment, shall be subject to any rebate of unearned Interest as and to the reduction extent required by Applicable Law. By the execution of this Agreement, Borrower covenants that (i) the credit or return of any Excess shall constitute the acceptance by Borrower of such Excess, and (ii) Borrower shall not seek or pursue any other remedy, legal or equitable, against Agent or any Lender, based in whole or in part upon contracting for, charging or receiving any Interest in excess of the principal balance owing under Maximum Rate. For the Note in the inverse order purpose of its maturity (determining whether or not then due) orany Excess has been contracted for, at the option of charged or received by Agent or any Lender, be paid over to Borrowerall Interest at any time contracted for, and not to charged or received from Borrower in connection with any of the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender Loan Documents shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated and spread in equal parts throughout the full period until payment in full term of the principal balance of the Note so that the Interest thereon for such full period will not exceed Obligations. Borrower, Agent and Lenders shall, to the maximum amount extent permitted under Applicable Law, (i) characterize any non- principal payment as an expense, fee or premium rather than as Interest and (ii) exclude voluntary prepayments and the effects thereof. The provisions of this Section 2.10 shall be deemed to be incorporated into every Loan Document (whether or not any provision of this Section is referred to therein). All such Loan Documents and communications relating to any Interest owed by applicable law. This Section will control all agreements between Borrower and Lenderall figures set forth therein shall, for the sole purpose of computing the extent of Obligations, be automatically recomputed by Borrower, and by any court considering the same, to give effect to the adjustments or credits required by this Section 2.10.

Maximum Interest. The provisions It is expressly stipulated and agreed to be the intent of this Security Instrument Borrower and Bank at all times to comply strictly with the applicable Texas law governing the maximum rate or amount of all agreements interest payable on the indebtedness evidenced by the Note or any Loan Document, and the Related Indebtedness (or applicable United States federal law to the extent that it permits Bank to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount (a) contracted for, charged, taken, reserved or received pursuant to the Note, any of the other Loan Documents or any other communication or writing by or between Borrower and LenderBank related to the transaction or transactions that are the subject matter of the Loan Documents, whether now existing (b) contracted for, charged, taken, reserved or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether received by reason of demand or acceleration Bank’s exercise of the option to accelerate the maturity of the Note and/or any and all indebtedness paid or otherwise, shall payable by Borrower to Bank pursuant to any Loan Document other than the amount paidNote (such other indebtedness being referred to in this Section as the “Related Indebtedness”), or agreed to (c) Borrower will have paid or Bank will have received by reason of any prepayment by Borrower of the Note and/or the Related Indebtedness, then it is Borrower’s and Bank’s express intent that all amounts charged in excess of the Maximum Rate shall be automatically canceled, ab initio, and all amounts in excess of the Maximum Rate theretofore collected by Bank shall be credited on the principal balance of the Note and/or the Related Indebtedness (or, if the Note and the Related Indebtedness have been or would thereby be paid in full, refunded to Lender Borrower), and the provisions of the Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Note has been paid in full before the end of the stated term of the Note, then Borrower and Bank agree that Bank shall, with reasonable promptness after Bank discovers or is advised by Borrower that interest was received in an amount in excess of the Maximum Rate, either refund such excess interest to Borrower and/or credit such excess interest against the Note and/or any Related Indebtedness then owing by Borrower to Bank. Borrower hereby agrees that as a condition precedent to any claim or counterclaim (in which event such proceeding shall be abated for such time period) seeking usury penalties against Bank, Borrower will provide written notice to Bank, advising Bank in reasonable detail of the nature and amount of the violation, and Bank shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Note to which the alleged violation relates and/or the Related Indebtedness then owing by Borrower to Bank. All sums contracted for, charged, taken, reserved or received by Bank for the use, forbearance or retention detention of the money loaned under any debt evidenced by the Note (“Interest”) exceed and/or the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender Related Indebtedness shall, to the extent permitted by applicable law, be amortizedamortized or spread, proratedusing the actuarial method, allocated and spread throughout the full period stated term of the Note and/or the Related Indebtedness (including any and all renewal and extension periods) until payment in full so that the rate or amount of the principal balance interest on account of the Note so that and/or the Interest thereon for such full period will Related Indebtedness does not exceed the maximum amount permitted by Maximum Rate from time to time in effect and applicable lawto the Note and/or the Related Indebtedness for so long as debt is outstanding. This Section will control all agreements between Borrower In no event shall the provisions of Chapter 346 of the Texas Finance Code which regulates certain revolving credit loan accounts and Lenderrevolving triparty accounts apply to the Note and/or any of the Related Indebtedness. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Bank to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Maximum Interest. The provisions It is expressly stipulated and agreed to be the intent of this Security Instrument Borrower and Bank at all times to comply strictly with the applicable Texas law governing the maximum rate or amount of all agreements interest payable on the indebtedness evidenced by any Note or any Loan Document, and the Related Indebtedness (as hereinafter defined) (or applicable United States federal law to the extent that it permits Bank to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount (a) contracted for, charged, taken, reserved or received pursuant to any Note, any of the other Loan Documents or any other communication or writing by or between Borrower and LenderBank related to the transaction or transactions that are the subject matter of the Loan Documents, whether now existing (b) contracted for, charged, taken, reserved or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether received by reason of demand or acceleration Bank's exercise of the option to accelerate the maturity of any Note and/or any and all indebtedness paid or payable by Borrower to Bank pursuant to any Loan Document other than any Note (such other indebtedness being referred to in this Section as the "Related Indebtedness"), or (c) Borrower will have paid or Bank will have received by reason of any prepayment by Borrower of any Note or Related Indebtedness, then it is Borrower's and Bank's express intent that all amounts charged in excess of the Maximum Rate shall be automatically canceled, ab initio, and all amounts in excess of the Maximum Rate theretofore collected by Bank shall be credited on the principal balance of any Note and/or the Related Indebtedness (or, if any Note and the Related Indebtedness have been or would thereby be paid in full, refunded to Borrower), and the provisions of any Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if any Note has been paid in full before the end of the stated term of any such Note, then Borrower and Bank agree that Bank shall, with reasonable promptness after Bank discovers or is advised by Borrower that interest was received in an amount in excess of the Maximum Rate, either refund such excess interest to Borrower and/or credit such excess interest against such Note and/or any Related Indebtedness then owing by Borrower to Bank. Borrower hereby agrees that as a condition precedent to any claim or counterclaim (in which event such proceeding shall be abated for such time period) seeking usury penalties against Bank, Borrower will provide written notice to Bank, advising Bank in reasonable detail of the nature and amount of the violation, and Bank shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Note to which the alleged violation relates and/or the Related Indebtedness then owing by Borrower to Bank. All sums contracted for, charged, taken, reserved or otherwise, shall the amount paid, or agreed to be paid to Lender received by Bank for the use, forbearance or retention of the money loaned under the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment detention of any provision hereof or of debt evidenced by any agreement between Borrower and Lender shall, at Note and/or the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender Related Indebtedness shall, to the extent permitted by applicable law, be amortizedamortized or spread, proratedusing the actuarial method, allocated and spread throughout the full period stated term of such Note and/or the Related Indebtedness (including any and all renewal and extension periods) until payment in full of the principal balance of the Note so that the Interest thereon for such full period will rate or amount of interest on account of any Note and/or the Related Indebtedness does not exceed the maximum amount permitted by Maximum Rate from time to time in effect and applicable lawto such Note and/or the Related Indebtedness for so long as debt is outstanding. This Section will control all agreements between Borrower In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and Lenderrevolving triparty accounts) apply to any Note and/or any of the Related Indebtedness. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Bank to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Maximum Interest. The provisions Regardless of any provision contained in this Security Instrument and ---------------- Agreement or any of all agreements between Borrower and Lenderthe other Loan Documents, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoeverwhatsoever shall the aggregate of all amounts that are contracted for, whether charged or received by reason Agent and Lenders pursuant to the terms of demand this Agreement or acceleration any of the other Loan Documents and that are deemed interest under Applicable Law exceed the highest rate permissible under any Applicable Law. No agreements, conditions, provisions or stipulations contained in this Agreement or any of the other Loan Documents or the exercise by Agent of the right to accelerate the payment or the maturity of all or any portion of the Note Obligations, or otherwisethe exercise of any option whatsoever contained in any of the Loan Documents, or the prepayment by any or all Borrowers of any of the Obligations, or the occurrence of any contingency whatsoever, shall the amount paidentitle Agent or any Lender to charge or receive in any event, interest or agreed any charges, amounts, premiums or fees deemed interest by Applicable Law (such interest, charges, amounts, premiums and fees referred to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (“herein collectively as "Interest”") exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amountMaximum Rate and in no event shall Borrowers be obligated to pay Interest exceeding such Maximum Rate, and all agreements, conditions or stipulations, if any, which may in any event or contingency whatsoever operate to bind, obligate or compel Borrowers to pay Interest exceeding the Maximum Rate shall be without binding force or effect, at law or in equity, to the extent only of the excess of Interest over such Maximum Rate. If any Interest is charged or received in excess of the Maximum Rate ("Excess"), each Borrower acknowledges and stipulates that any such charge or receipt shall be the result of an amount equal accident and bona fide error, and such Excess, to any excessive Interest the extent received, shall be applied first to reduce the principal Obligations and the balance, if any, returned to Borrowers, it being the intent of the parties hereto not to enter into a usurious or otherwise illegal relationship. The right to accelerate the maturity of any of the Obligations does not include the right to accelerate any interest that has not otherwise accrued on the date of such acceleration, and Agent and Lenders do not intend to collect any unearned interest in the event of any such acceleration. Each Borrower recognizes that, with fluctuations in the rates of interest set forth in Section 2.1.1 of this Agreement, and the Maximum Rate, such an unintentional result could inadvertently occur. All monies paid to Agent or any Lender hereunder or under any of the other Loan Documents, whether at maturity or by prepayment, shall be subject to any rebate of unearned interest as and to the reduction extent required by Applicable Law. By the execution of this Agreement, each Borrower covenants that (i) the credit or return of any Excess shall constitute the acceptance by such Borrower of such Excess, and (ii) no Borrower shall seek or pursue any other remedy, legal or equitable, against Agent or any Lender, based in whole or in part upon contracting for, charging or receiving any Interest in excess of the principal balance owing under Maximum Rate. For the Note in the inverse order purpose of its maturity (determining whether or not then due) orany Excess has been contracted for, at the option of charged or received by Agent or any Lender, be paid over to Borrowerall interest at any time contracted for, and not to charged or received from any or all Borrowers in connection with any of the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender Loan Documents shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated and spread in equal parts throughout the full period until payment in full term of the principal balance of the Note so that the Interest thereon for such full period will not exceed Obligations. Borrowers, Agent and Lenders shall, to the maximum amount extent permitted under Applicable Law, (i) characterize any non-principal payment as an expense, fee or premium rather than as Interest and (ii) exclude voluntary prepayments and the effects thereof. The provisions of this Section 2.10 shall be deemed to be incorporated into every Loan Document (whether or not any provision of this Section is referred to therein). All such Loan Documents and communications relating to any Interest owed by applicable law. This any or all Borrowers and all figures set forth therein shall, for the sole purpose of computing the extent of Obligations, be automatically recomputed by Borrowers, and by any court considering the same, to give effect to the adjustments or credits required by this Section will control all agreements between Borrower and Lender2.10.

Maximum Interest. The provisions It is expressly stipulated and agreed to be the intent of this Security Instrument Borrower and Bank at all times to comply strictly with the applicable Texas law governing the maximum rate or amount of all agreements interest payable on the indebtedness evidenced by the Note or any Loan Document, and the Related Indebtedness (or applicable United States federal law to the extent that it permits Bank to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount (a) contracted for, charged, taken, reserved or received pursuant to any Note, any of the other Loan Documents or any other communication or writing by or between Borrower and LenderBank related to the transaction or transactions that are the subject matter of the Loan Documents, whether now existing (b) contracted for, charged, taken, reserved or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether received by reason of demand or acceleration Bank’s exercise of the option to accelerate the maturity of any Note and/or any and all indebtedness paid or payable by Borrower to Bank pursuant to any Loan Document other than such Note (such other indebtedness being referred to in this Section as the Note or otherwise, shall the amount paid“Related Indebtedness”), or agreed to (c) Borrower will have paid or Bank will have received by reason of any prepayment by Borrower of any Note and/or the Related Indebtedness, then it is Borrower’s and Bank’s express intent that all amounts charged in excess of the Maximum Lawful Rate shall be automatically canceled, ab initio, and all amounts in excess of the Maximum Lawful Rate theretofore collected by Bank shall be credited on the principal balance of such Note and/or the Related Indebtedness (or, if such Note and the Related Indebtedness have been or would thereby be paid in full, refunded to Lender Borrower), and the provisions of such Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if such Note has been paid in full before the end of the stated term of such Note, then Borrower and Bank agree that Bank shall, with reasonable promptness after Bank discovers or is advised by Borrower that interest was received in an amount in excess of the Maximum Lawful Rate, either refund such excess interest to Borrower and/or credit such excess interest against such Note and/or any Related Indebtedness then owing by Borrower to Bank. Borrower hereby agrees that as a condition precedent to any claim or counterclaim (in which event such proceeding shall be abated for such time period) seeking usury penalties against Bank, Borrower will provide written notice to Bank, advising Bank in reasonable detail of the nature and amount of the violation, and Bank shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against such Note to which the alleged violation relates and/or the Related Indebtedness then owing by Borrower to Bank. All sums contracted for, charged, taken, reserved or received by Bank for the use, forbearance or retention of the money loaned under the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment detention of any provision hereof or of any agreement between Borrower and Lender shall, at debt evidenced by such Note and/or the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender Related Indebtedness shall, to the extent permitted by applicable law, be amortizedamortized or spread, proratedusing the actuarial method, allocated and spread throughout the full period stated term of such Note and/or the Related Indebtedness (including any and all renewal and extension periods) until payment in full of the principal balance of the Note so that the Interest thereon for rate or amount of interest on account of such full period will Note and/or the Related Indebtedness does not exceed the maximum amount permitted by Maximum Lawful Rate from time to time in effect and applicable lawto such Note and/or the Related Indebtedness for so long as debt is outstanding. This Section will control all agreements between Borrower In no event shall the provisions of Chapter 346 of the Texas Finance Code which regulates certain revolving credit loan accounts and Lenderrevolving triparty accounts apply to such Note and/or any of the Related Indebtedness. Notwithstanding anything to the LOAN AGREEMENT contrary contained herein or in any of the other Loan Documents, it is not the intention of Bank to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Maximum Interest. The provisions of Notwithstanding anything to the contrary contained elsewhere in this Security Instrument and of Agreement or in any Other Agreement, the parties hereto hereby agree that all agreements between Borrower them under this Agreement and Lenderthe Other Agreements, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the maturity of the Note or otherwise, whatsoever shall the amount paid, or agreed to be paid paid, to the Agent or any Lender for the use, forbearance forbearance, or retention detention of the money loaned under to the Note (“Interest”) Borrower and evidenced hereby or obligation contained herein or therein, exceed the maximum amount permissible non-usurious interest rate, if any, that at any time or from time to time may be contracted for, taken, reserved, charged or received on the Liabilities, under the laws of the State of New York (or the laws of any other jurisdiction whose laws may be mandatory applicable notwithstanding other provisions of this Agreement and the Other Agreements), or under applicable federal laws which may presently or hereafter be in effect and which allow a higher maximum non-usurious interest rate that under the laws of the State of New York (or such other jurisdiction), in any case after taking into account, to the extent permitted by applicable law, any and all relevant payments or charges under this Agreement and the Other Agreements executed in connection herewith, and any available exemptions, exceptions and exclusions (the “Highest Lawful Rate”). If, from If due to any circumstance whatsoever, performance or fulfillment of any provision hereof of this Agreement or any of any agreement between Borrower and Lender shall, the Other Agreements at the time performance or fulfillment of such provision shall be due, due shall exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable lawHighest Lawful Rate, then, ipso factothen automatically, the obligation to be performed or fulfilled shall be modified or reduced to the extent necessary to limit such limitinterest to the Highest Lawful Rate, and if, if from any such circumstance whatsoever, Agent or any Lender shall should ever receive anything of value deemed Interest interest by applicable law in excess which would exceed the Highest Lawful Rate, such principal amount then outstanding hereunder or on account of the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction of the principal balance owing under the Note in the inverse order of its maturity (whether or not other then due) or, at the option of Lender, be paid over to Borrower, outstanding Liabilities and not to the payment of Interestinterest, or if such excessive interest exceeds the principal unpaid balance then outstanding hereunder and such other then outstanding Liabilities, such excess shall be refunded to Borrower. All Interest (including any amounts or payments deemed to be Interest) sums paid or agreed to be paid to Lender Agent or the Lenders for the use, forbearance, or detention of the Liabilities and other Indebtedness of Borrower to the Lenders shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full period term of such Indebtedness, until payment in full of the principal balance of the Note thereof, so that the Interest thereon for actual rate of interest on account of all such full period will Indebtedness does not exceed the maximum amount permitted by applicable lawHighest Lawful Rate throughout the entire term of such Indebtedness. This Section will The terms and provisions of this paragraph shall control every other provision of this Agreement, the Other Agreements and all other agreements between Borrower and Lenderamong the parties hereto.

Maximum Interest. The It is the intention of the parties hereto to conform strictly to applicable usury laws, and, anything herein to the contrary notwithstanding, the Obligations of the Borrower to each Lender under this Agreement shall be subject to the limitation that payments of interest shall not be required to the extent that receipt thereof would be contrary to provisions of law applicable to such Lender limiting rates of interest that may be charged or collected by such Lender. Accordingly, if the transactions contemplated hereby would be usurious under Governmental Requirements (including the Federal and state laws of the United States of America, or of any other jurisdiction whose laws may be mandatorily applicable) with respect to a Lender, then, in that event, notwithstanding anything to the contrary in this Agreement, it is agreed as follows: (a) the provisions of this Security Instrument Section 12.12 shall govern and control; (b) the aggregate of all agreements between consideration that constitutes interest under Governmental Requirements that is contracted for, charged or received under this Agreement, or under any other Loan Document or otherwise in connection with this Agreement by such Lender shall under no circumstances exceed the Highest Lawful Rate, and any excess shall be credited to the Borrower and Lenderby such Lender (or, whether now existing or hereafter arising and whether written or oralif such consideration shall have been paid in full, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of such excess promptly refunded to the maturity of the Note or otherwise, shall the amount Borrower); (c) all sums paid, or agreed to be paid paid, to such Lender for the use, forbearance or retention and detention of the money loaned under indebtedness of the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender hereunder shall, to the extent permitted by applicable lawGovernmental Requirements, be amortized, prorated, allocated and spread throughout the full period term of such indebtedness until payment in full of the principal balance of the Note so that the Interest thereon actual rate of interest is uniform throughout the full term thereof; and (d) if at any time the interest provided pursuant to Section 3.02, together with any other fees and expenses payable pursuant to this Agreement and the other Loan Documents and deemed interest under Governmental Requirements, exceeds that amount that would have accrued at the Highest Lawful Rate, then the 733476286 14464587 amount of interest and any such fees to accrue to such Lender pursuant to this Agreement shall be limited, notwithstanding anything to the contrary in this Agreement, to that amount that would have accrued at the Highest Lawful Rate, but any subsequent reductions, as applicable, shall not reduce the interest to accrue to such Lender pursuant to this Agreement below the Highest Lawful Rate until the total amount of interest accrued pursuant to this Agreement and such fees deemed to be interest equals the amount of interest that would have accrued to such Lender if a varying rate per annum equal to the interest provided pursuant to Section 3.02 had at all times been in effect, plus the amount of fees that would have been received but for such full period will not exceed the maximum amount permitted by applicable law. This effect of this Section will control all agreements between Borrower and Lender12.12.

Maximum Interest. The provisions It is expressly stipulated and agreed to be the intent of this Security Instrument Grantor and Beneficiary at all times to comply strictly with the applicable Texas law governing the maximum non-usurious rate or non-usurious amount of all agreements interest payable on the Indebtedness (or applicable United States federal law to the extent that it permits Beneficiary to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount (i) contracted for, charged, taken, reserved or received pursuant to the Note, any of the other Loan Documents or any other communication or writing by or between Borrower Grantor and LenderBeneficiary related to the Indebtedness or to the transaction or transactions that are the subject matter of the Loan Documents, whether now existing (ii) contracted for, charged, taken, reserved or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether received by reason of demand or acceleration Beneficiary's exercise of the option to accelerate the maturity of the Note or otherwise, shall and/or any other portion of the amount paidIndebtedness, or agreed to (iii) Grantor will have paid or Beneficiary will have received by reason of any voluntary prepayment by Grantor of the Note and/or any other portion of the Indebtedness, then it is Grantor's and Beneficiary's express intent that all amounts charged in excess of the Maximum Lawful Rate shall be automatically canceled, ab initio, and all amounts in excess of the Maximum Lawful Rate theretofore collected by Beneficiary shall be credited on the principal balance of the Note and/or any of the other Indebtedness (or, if the Note and all other Indebtedness have been or would thereby be paid in full, refunded to Lender Grantor), and the provisions of the Note and the other Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Note has been paid in full before the end of the stated term of the Note, then Grantor and Beneficiary agree that Beneficiary shall, with reasonable promptness after Beneficiary discovers or is advised by Grantor that interest was received in an amount in excess of the Maximum Lawful Rate, either refund such excess interest to Grantor and/or credit such excess interest against any other Indebtedness then owing by Grantor to Beneficiary. Grantor hereby agrees that as a condition precedent to any claim seeking usury penalties or claims against Beneficiary, Grantor will provide written notice to Beneficiary, advising Beneficiary in reasonable detail of the nature and amount of the violation, and Beneficiary shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Grantor or crediting such excess interest against the Note and/or the other Indebtedness then owing by Grantor to Beneficiary. All sums contracted for, charged, taken, reserved or received by Beneficiary for the use, forbearance or retention detention of any of the money loaned under Indebtedness, including any portion of the Indebtedness evidenced by the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender shall, to the extent permitted by applicable law, be amortizedamortized or spread, proratedusing the actuarial method, allocated and spread throughout the full period stated term of the Note and/or the other Indebtedness (including any and all renewal and extension periods) until payment in full so that the rate or amount of the principal balance interest on account of the Note so that and/or the Interest thereon for such full period will other Indebtedness does not exceed the Maximum Lawful Rate from time to time in effect and applicable to the Note and/or the other Indebtedness for so long as any portion of the Indebtedness is outstanding. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Note and/or any of the other Indebtedness. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Beneficiary to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. As used hereunder "Maximum Lawful Rate" means the maximum lawful and non-usurious rate of interest which may be contracted for, charged, taken, received or reserved by Beneficiary in accordance with the applicable laws of the State of Texas (or applicable United States federal law to the extent that it permits Beneficiary to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law), taking into account all Charges (as herein defined) made in connection with the transaction evidenced by the Note and the other Loan Documents. To the extent that Beneficiary is relying on Chapter 303 of the Texas Finance Code to determine the Maximum Lawful Rate payable on the Note and/or any other portion of the Indebtedness, Beneficiary will utilize the weekly ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Beneficiary to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law, Beneficiary will rely on United States federal law instead of such Chapter 303 for the purpose of determining the Maximum Lawful Rate. Additionally, to the extent permitted by applicable law now or hereafter in effect, Beneficiary may, at its option and from time to time, utilize any other method of establishing the Maximum Lawful Rate under such Chapter 303 or under other applicable law by giving notice, if required, to Grantor as provided by applicable law now or hereafter in effect. As used hereunder "Charges" means all fees, charges and/or other things of value, if any, contracted for, charged, received, taken or reserved by Beneficiary in connection with the transactions relating to the Note and the other Loan Documents, which are treated as interest under applicable law. This Section will control all agreements between Borrower and Lender.

Maximum Interest. The It is the intention of the parties hereto to conform strictly to applicable usury laws and, anything herein to the contrary notwithstanding, the obligations of the Borrower to the Administrative Agent and each Lender under this Agreement shall be subject to the limitation that payments of interest shall not be required to the extent that receipt thereof would be contrary to provisions of law applicable to the Administrative Agent or such Lender limiting rates of interest which may be charged or collected by the Administrative Agent or such Lender. Accordingly, if the transactions contemplated hereby would be usurious under applicable law (including the Federal and state laws of the United States of America, or of any other jurisdiction whose laws may be mandatorily applicable) with respect to the Administrative Agent or a Lender then, in that event, notwithstanding anything to the contrary in this Agreement, it is agreed as follows: (a) the provisions of this Security Instrument Section shall govern and control; (b) the aggregate of all agreements between Borrower and Lenderconsideration which constitutes interest under applicable law that is contracted for, whether now existing charged or hereafter arising and whether written received under this Agreement, or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration under any of the maturity other aforesaid agreements or otherwise in connection with this Agreement by the Administrative Agent or such Lender shall under no circumstances exceed the maximum amount of interest allowed by applicable law (such maximum lawful interest rate, if any, with respect to such Lender herein called the Note “Highest Lawful Rate”), and any excess shall be credited to the Borrower by the Administrative Agent or otherwisesuch Lender (or, if such consideration shall have been paid in full, such excess refunded to the amount Borrower); (c) all sums paid, or agreed to be paid paid, to the Administrative Agent or such Lender for the use, forbearance or retention and detention of the money loaned under the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess Indebtedness of the maximum lawful amount, an amount equal to any excessive Interest shall be applied Borrower to the reduction of the principal balance owing under the Note in the inverse order of its maturity (whether Administrative Agent or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to such Lender hereunder shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full period term of such Indebtedness until payment in full of the principal balance of the Note so that the Interest thereon actual rate of interest is uniform throughout the full term thereof; and (d) if at any time the interest provided pursuant to Section 3.2 together with any other fees payable pursuant to this Agreement and the other Loan Documents and deemed interest under applicable law, exceeds that amount which would have accrued at the Highest Lawful Rate, the amount of interest and any such fees to accrue to the Administrative Agent or such Lender pursuant to this Agreement shall be limited, notwithstanding anything to the contrary in this Agreement to that amount which would have accrued at the Highest Lawful Rate, but any subsequent reductions, as applicable, shall not reduce the interest to accrue to the Administrative Agent or such Lender pursuant to this Agreement below the Highest Lawful Rate until the total amount of interest accrued pursuant to this Agreement and such fees deemed to be interest equals the amount of interest which would have accrued to the Administrative Agent or such Lender if a varying rate per annum equal to the interest provided pursuant to Section 3.2 had at all times been in effect, plus the amount of fees which would have been received but for the effect of this Section. For purposes of Section 303.201 of the Texas Finance Code, as amended, to the extent, if any, applicable to the Administrative Agent or a Lender, the Borrower agrees that the Highest Lawful Rate shall be the “indicated (weekly) rate ceiling” as defined in said Section, provided that the Administrative Agent or such full period will not exceed Lender may also rely, to the maximum amount extent permitted by applicable law. This Section will control all agreements between Borrower and Lenderlaws, on alternative maximum rates of interest under other laws applicable to the Administrative Agent or such Lender if greater.

Maximum Interest. The provisions of this Security Instrument and of all agreements between Borrower and Lender, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the maturity of the Note or otherwise, shall the amount paid, or agreed to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of Notwithstanding any provision hereof to the contrary contained herein or of in any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoeverother Loan Document, Lender shall ever receive anything not collect a rate of value deemed Interest interest on any obligation or liability due and owing by applicable law Borrower to Lender in excess of the maximum lawful amountcontract rate of interest permitted by applicable law (such excess referred to as "Excess Interest"). Lender and Borrower agree that the interest laws of the State of Arizona shall govern the relationship among them and understand and believe that the transactions contemplated by the Loan Documents comply with the usury laws of the State of Arizona, an amount equal but in the event of a final adjudication to any excessive Interest the contrary, Borrower shall be obligated to pay, nunc pro tunc, to Lender only such interest as then shall be permitted by the laws of the state found to govern the contract relationship between Lender and Borrower. If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or any other Loan Document, then in such event (i) Borrower shall not be obligated to pay such Excess Interest, (ii) any Excess Interest collected by Lender shall be, at Lender's option, (A) applied to the reduction Principal Balance in such manner as Lender may elect or to accrued and unpaid interest not in excess of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender shall, to the extent maximum rate permitted by applicable lawlaw (the "Maximum Rate") or (B) refunded to the payor thereof, (iii) the interest rates provided for herein (the "Stated Rate") shall be amortizedautomatically reduced to the Maximum Rate and the Loan Documents shall be deemed to have been, proratedand shall be, allocated modified to reflect such reduction and spread throughout the full period until payment in full (iv) Borrower shall not have any action against Lender for any damages arising out of the principal balance payment or collection of the Note so that the Interest thereon for such full period will not exceed the maximum amount permitted by applicable law. This Section will control all agreements between Borrower and Lender.Excess Interest; provided,

Maximum Interest. The It is the intention of the parties hereto to conform strictly to applicable usury laws and, anything herein to the contrary notwithstanding, the obligations of each Borrower to each Lender and the Issuer under this Agreement shall be subject to the limitation that payments of interest shall not be required to the extent that receipt thereof would be contrary to provisions of law applicable to such Lender or the Issuer limiting rates of interest which may be charged or collected by such Lender or the Issuer. Accordingly, if the transactions contemplated hereby would be usurious under applicable law (including the Federal and state laws of the United States of America, or of any other jurisdiction whose laws may be mandatorily applicable) with respect to a Lender or the Issuer then, in that event, notwithstanding anything to the contrary in this Agreement, it is agreed as follows: (i) the provisions of this Security Instrument Section 10.6 shall govern and control; (ii) the aggregate of all agreements between Borrower and Lenderconsideration which constitutes interest under applicable law that is contracted for, whether now existing charged or hereafter arising and whether written received under this Agreement, or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration under any of the maturity other aforesaid agreements or otherwise in connection with this Agreement by such Lender or the Issuer shall under no circumstances exceed the maximum amount of interest allowed by applicable law (such maximum lawful interest rate, if any, with respect to such Lender or the Note Issuer herein called the "Highest Lawful Rate"), and any excess shall be credited to such Borrower by such Lender or otherwisethe Issuer (or, if such consideration shall the amount have been paid in full, such excess promptly refunded to such Borrower); (ii all sums paid, or agreed to be paid paid, to such Lender or the Issuer for the use, forbearance or retention and detention of the money loaned under the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment indebtedness of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced Borrower to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of or the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender Issuer hereunder shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full period term of such indebtedness until payment in full of the principal balance of the Note so that the Interest thereon for such actual rate of interest is uniform throughout the full period will not exceed term thereof; and (iv if at any time the maximum amount permitted by applicable law. This Section will control all agreements between Borrower and Lender.interest provided

Maximum Interest. The National Beef Packing Company Credit Agreement 78 No agreements, conditions, provisions or stipulations contained in this Agreement or in any of this Security Instrument and the other Financing Documents, or any Matured Default, or any exercise by the Agent of all agreements between Borrower and Lender, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration the right to accelerate the payment of the maturity of principal and interest, or to exercise any option whatsoever, contained in this Agreement or any of the Note other Financing Documents, or otherwisethe arising of any contingency whatsoever, shall entitle the amount paidAgent to collect, in any event, interest exceeding the Highest Lawful Rate, and in no event shall the Borrower be obligated to pay interest exceeding the Highest Lawful Rate, and all agreements, conditions or agreed stipulations, if any, which may in any event or contingency whatsoever operate to bind, obligate or compel the Borrower to pay a rate of interest exceeding the Highest Lawful Rate, shall be paid without binding force or effect, at law or in equity, to Lender for the use, forbearance or retention extent only of the money loaned under excess of interest over such Highest Lawful Rate. In the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from event any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law interest is charged in excess of the maximum lawful amountHighest Lawful Rate ("Excess"), an amount equal to the Borrower acknowledges and stipulates that any excessive Interest such charge shall be the result of an accidental and bona fide error, and such Excess shall be, first, applied to reduce the reduction principal of any Liabilities due, and, second, returned to the Borrower, it being the intention of the principal balance owing under parties hereto not to enter at any time into a usurious or otherwise illegal relationship. The Borrower and the Note Agent both recognize that, with fluctuations in the inverse order Base Rate and the LIBOR Rate, such an unintentional result could inadvertently occur. By the execution of its maturity this Agreement, the Borrower covenants that (a) the credit or return of any Excess shall constitute the acceptance by the Borrower of such Excess and (b) the Borrower shall not seek or pursue any other remedy, legal or equitable, against the Agent, any Issuer, the Swing Line Lender or the Lenders based, in whole or in part, upon the charging or receiving of any interest in excess of the Highest Lawful Rate. For the purpose of determining whether or not then due) orany Excess has been contracted for, charged or received by the Agent, any Issuer, the Swing Line Lender or the Lenders (as the case may be), all interest at any time contracted for, charged or received by the option of LenderAgent, be paid over to Borrowerthe Issuers, and not to the payment of Interest. All Interest (including any amounts Swing Line Lender or payments deemed to be Interest) paid or agreed to be paid to Lender shall, to the extent permitted by applicable law, Lenders in connection with the Liabilities shall be amortized, prorated, allocated and spread throughout in equal parts during the full period until payment in full entire term of the principal balance of the Note so that the Interest thereon for such full period will not exceed the maximum amount permitted by applicable law. This Section will control all agreements between Borrower and Lenderthis Agreement.

Maximum Interest. The provisions Regardless of any provision contained in this Agreement or any of the Loan Documents, in no event shall the aggregate of all amounts that are contracted for, charged or collected pursuant to the terms of this Security Instrument and of all agreements between Borrower and LenderAgreement, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the maturity of the Note or otherwise, shall the amount paid, or agreed to be paid to Lender for the use, forbearance or retention any of the money loaned Loan Documents, and that are deemed interest under the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be dueApplicable Law, exceed the limit for Interest prescribed Maximum Rate. No provision of this Agreement or in any of the Loan Documents or the exercise by law Bank of any right hereunder or otherwise transcend under any Loan Document or the limit prepayment by Borrower of validity prescribed by applicable law, then, ipso facto, any of the obligation to be performed Obligations or fulfilled shall be reduced to such limit, and if, from the occurrence of any circumstance contingency whatsoever, Lender shall ever receive anything of value entitle Bank to charge or receive, or to require Borrower to pay, interest or any amounts deemed Interest interest by applicable law Applicable Law (such amounts being referred to herein collectively as "Interest") in excess of the maximum lawful amountMaximum Rate, an amount equal and all provisions hereof or in any Loan Document which may purport to any excessive require Borrower to pay Interest exceeding the Maximum Rate shall be applied without binding force or effect to the reduction extent only of the principal balance owing under excess of Interest over such Maximum Rate. Any Interest charged or received in excess of the Note in Maximum Rate ("Excess"), shall be conclusively presumed to be the inverse order result of its maturity (whether or not then due) oran accident and bona fide error, and shall, to the extent received by Bank, at the option of LenderBank, either be paid over applied to reduce the principal amount of the Obligations or returned to Borrower. The right to accelerate the maturity of any of the Obligations does not include the right to accelerate unaccrued interest, and not no such interest will be collected by Bank. All monies paid to Bank hereunder or under any of the Loan Documents shall be subject to any rebate of unearned interest as and to the payment extent required by Applicable Law. By the execution of Interestthis Agreement, Borrower covenants that (i) the credit or return of any Excess shall constitute the acceptance by Borrower of such Excess, and (ii) Borrower shall not seek or pursue any other remedy, legal or equitable, against Bank, based in whole or in part upon contracting for, charging or receiving any Interest in excess of the Maximum Rate. All Interest (including For the purpose of determining whether or not any amounts Excess has been contracted for, charged or payments deemed to be Interest) paid received by Bank, all interest at any time contracted for, charged or agreed to be paid to Lender received from Borrower in connection with this Agreement shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated and spread in equal parts throughout the full period until payment in full term of the Obligations. Borrower and Bank shall, to the maximum extent permitted under Applicable Law, (i) characterize any non-principal balance payment as an expense, fee or premium rather than as Interest and (ii) exclude voluntary prepayments and the effects thereof. The provisions of this Section shall be deemed to be incorporated into the Note so that the Interest thereon for such full period will and each Loan Document (whether or not exceed the maximum amount permitted by applicable law. This any provision of this Section will control all agreements between Borrower and Lenderis referred to therein).

Maximum Interest. The Lender and the Borrower intend that this Agreement and the other Loan Documents conform to all applicable usury laws. Accordingly, no provisions of this Security Instrument and the Loan Documents shall require the payment or permit the collection of all agreements between Borrower and Lender, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the maturity of the Note or otherwise, shall the amount paid, or agreed to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law interest in excess of the maximum lawful amountrate permitted by applicable law ("Maximum Rate"), an amount equal or obligate the Borrower to pay any excessive Interest shall be applied taxes, assessments, charges, insurance premiums or other amounts which are held to the reduction of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender shall, constitute interest to the extent permitted that such payments, when added to the other obligations under the Loan Documents, would be held to constitute contracting for, or the payment by applicable lawthe Borrower of, interest at a rate greater than the Maximum Rate. The Lender and the Borrower further agree that: (1) if any excess of interest in such respect is herein or in any such other instrument provided for, or shall be amortizedadjudicated to be so provided for herein or in any such instrument, proratedthe provisions of this subsection 8.16 shall govern, allocated and spread throughout neither the full period until payment Borrower nor its successors or assigns shall be obligated to pay the amount of such interest to the extent it is in full excess of the principal balance Maximum Rate; (2) if at any time the amount of interest under any of the Note so Loan Documents for a calendar year exceeds the Maximum Rate had the Maximum Rate at all times been in effect, the interest chargeable under any such Loan Document shall be limited to the amount of interest that could have been charged if the Interest thereon Maximum Rate had at all times been in effect, but any subsequent reductions in the interest due shall not reduce the rate of interest chargeable under any such Loan Document below the Maximum Rate until the total amount of interest accrued under any such Loan Document equals the amount of interest that would have accrued if the interest provided for in any such full period will not exceed Loan Document had at all times been in effect and collectible; (3) if the maturity of any Loan Document is accelerated for any reason, or in the event of any prepayment by the Borrower, or in any other event, earned interest may never include more than the Maximum Rate, computed from the date of disbursement of the funds evidenced by such Loan Document until payment, and any interest otherwise payable under such Loan Document that is in excess of the Maximum Rate shall be canceled automatically as of such acceleration or such other event and (if theretofore paid) shall be credited against principal; (4) if it should be held that any interest payable or chargeable under any Loan Document is in excess of the Maximum Rate, the interest payable or chargeable under such Loan Document shall be reduced to the maximum amount permitted by applicable federal or state law. This Section will control all agreements between Borrower , whichever shall permit the higher lawful interest, as construed by courts having jurisdiction thereof; and (5) the spreading, prorating and Lenderamortizing of interest over the term of the Loan Documents shall be allowed to the fullest extent permitted by applicable law.

Maximum Interest. The (i) Notwithstanding anything to the contrary contained in this Agreement or any of the other Financing Agreements, in no event whatsoever shall the aggregate of all amounts that are contracted for, charged or received by Lender pursuant to the terms of this Agreement or any of the other Financing Agreements and that are deemed interest under applicable law exceed the Maximum Interest Rate (including, to the extent applicable, the provisions of Section 5197 of the Revised Statutes of the United States of America as amended, 12 U.S.C. Section 85, as amended). No agreements, conditions, provisions or stipulations contained in this Security Instrument and Agreement or any of all agreements between Borrower and Lenderthe other Financing Agreements, whether now existing or hereafter arising and whether written any Event of Default, or oral, are hereby expressly limited so that in no contingency the exercise by Lender of the right to accelerate the payment or event whatsoever, whether by reason of demand or acceleration of the maturity of all or any portion of the Note Obligations, or otherwisethe exercise of any option whatsoever contained in this Agreement or any of the other Financing Agreements, or the prepayment by Borrower of any of the Obligations, or the occurrence of any event or contingency whatsoever, shall the amount paidentitle Lender to contract for, charge or agreed to be paid to Lender for the usereceive in any event, forbearance interest or retention of the money loaned under the Note (“Interest”) exceed the maximum amount permissible under applicable law. Ifany charges, from any circumstance whatsoeveramounts, performance premiums or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value fees deemed Interest interest by applicable law in excess of the maximum lawful amountMaximum Interest Rate. In no event shall Borrower be obligated to pay interest or such amounts as may be deemed interest under applicable law in amounts which exceed the Maximum Interest Rate. All agreements, an amount equal conditions or stipulations, if any, which may in any event or contingency whatsoever operate to any excessive bind, obligate or compel Borrower to pay interest or such amounts which are deemed to constitute interest in amounts which exceed the Maximum Interest Rate shall be applied without binding force or effect, at law or in equity, to the reduction extent of the principal balance owing under excess of interest or such amounts which are deemed to constitute interest over such Maximum Interest Rate. (ii) In the Note event any Interest is charged or received in excess of the inverse order Maximum Interest Rate ("Excess"), Borrower acknowledges and stipulates that any such charge or receipt shall be the result of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borroweran accident and bona fide error, and not that any Excess received by Lender shall be applied, first, to the payment of Interestthe then outstanding and unpaid principal hereunder; second to the payment of the other Obligations then outstanding and unpaid; and third, returned to Borrower, it being the intent of the parties hereto not to enter into a usurious or otherwise illegal relationship. The right to accelerate the maturity of any of the Obligations does not include the right to accelerate any interest that has not otherwise accrued on the date of such acceleration, and Lender does not intend to collect any unearned interest in the event of any such acceleration. Borrower recognizes that, with fluctuations in the rates of interest set forth in Section 3.1 of this Agreement and the Maximum Interest Rate, such an unintentional result could inadvertently occur. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be monies paid to Lender hereunder or under any of the other Financing Agreements, whether at maturity or by prepayment, shall be subject to any rebate of unearned interest as and to the extent required by applicable law. (iii) By the execution of this Agreement, Borrower agrees that (A) the credit or return of any Excess shall constitute the acceptance by Borrower of such Excess, and (B) Borrower shall not seek or pursue any other remedy, legal or equitable, against Lender, based in whole or in part upon contracting for, charging or receiving any interest or such amounts which are deemed to constitute interest in excess of the Maximum Interest Rate. For the purpose of determining whether or not any Excess has been contracted for, charged or received by Lender, all interest at any time contracted for, charged or received from Borrower in connection with this Agreement or any of the other Financing Agreements shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout during the full period until payment entire term of this Agreement in full of accordance with the principal balance of amounts outstanding from time to time hereunder and the Note so that the Maximum Interest thereon for such full period will not exceed Rate from time to time in effect in order to lawfully charge the maximum amount of interest permitted by under applicable laws. (iv) Borrower and Lender shall, to the maximum extent permitted under applicable law, (i) characterize any non-principal payment as an expense, fee or premium rather than as interest and (ii) exclude voluntary prepayments and the effects thereof. (v) The provisions of this Section 3.6 shall be deemed to be incorporated into each of the other Financing Agreements (whether or not any provision of this Section is referred to therein). This Section will control all agreements between Each of the Financing Agreements and communications relating to any interest owed by Borrower and Lenderall figures set forth therein shall, for the sole purpose of computing the extent of the Obligations, be automatically recomputed by Borrower, and by any court considering the same, to give effect to the adjustments or credits required by this Section.

Maximum Interest. The In no event whatsoever shall the aggregate of all amounts deemed interest hereunder or under the Notes and charged or collected pursuant to the terms of this Agreement or pursuant to the Notes exceed the Maximum Rate, nor shall any provisions hereof be construed as a contract to pay, for the use or forbearance of money, interest at a rate or in an amount in excess of the Maximum Rate. If any provisions of this Security Instrument and Agreement or the Notes contravene any such law, such provisions shall be deemed amended to conform to such law. Notwithstanding anything to the contrary contained herein, no provision of all agreements between Borrower and Lender, whether now existing this Agreement or hereafter arising and whether written the Notes shall require the payment or oral, are hereby expressly limited so that permit the collection of interest in no contingency or event whatsoever, whether by reason of demand or acceleration excess of the maturity Maximum Rate. If any excess of the Note or otherwise, shall the amount paidinterest in such respect is herein provided for, or agreed shall be adjudicated to be so provided, in this Agreement, the Notes or otherwise in connection with this loan transaction, the provisions of this paragraph shall govern and prevail, and neither Borrower nor the sureties, guarantors, successors or assigns of Borrower shall be obligated to pay the excess amount of such interest, or any other excess sum paid to Lender for the use, forbearance or retention detention of the money sums loaned under the Note (“Interest”) exceed the maximum amount permissible under applicable lawpursuant hereto. If, from If for any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law reason interest in excess of the maximum lawful amountMaximum Rate shall be deemed charged, an amount equal to required or permitted by any excessive Interest court of competent jurisdiction, any such excess shall be applied to the as a payment and reduction of the principal balance owing under of indebtedness evidenced by this Agreement and the Note Notes; and, if the principal amount hereof has been paid in the inverse order of its maturity (full, any remaining excess shall forthwith be paid to Borrower. In determining whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) interest paid or agreed to be paid to Lender payable exceeds the Maximum Rate, Borrower and Agent shall, to the extent permitted by applicable law, be amortized(i) characterize any non-principal payment as an expense, proratedfee, allocated or premium rather than as interest, (ii) exclude voluntary prepayments and the effects thereof, and (iii) amortize, prorate, allocate, and spread in equal or unequal parts the total amount of interest throughout the full period until payment in full entire contemplated term of the principal balance of indebtedness evidenced by this Agreement and the Note Notes so that the Interest thereon interest for such full period will the entire term does not exceed the maximum amount permitted by applicable law. This Section will control all agreements between Borrower and LenderMaximum Rate.

Maximum Interest. The provisions Regardless of any provision contained in this Security Instrument and of all agreements between Borrower and LenderAgreement or any other Loan Document, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoeverwhatsoever shall the aggregate of all amounts that are contracted for, whether charged or received by reason Lender pursuant to the terms of demand this Agreement or acceleration any other Loan Document and that are deemed interest under applicable law exceed the highest rate permissible under any applicable law, which a court of competent jurisdiction shall, in a final determination, deem applicable hereto or thereto. No agreements, conditions, provisions or stipulations contained in any of the Loan Documents nor the exercise by Lender of the right to accelerate the payment nor the maturity of all or any portion of the Note or otherwiseObligations nor the exercise of any option whatsoever contained in any of the Loan Documents, nor the prepayment by Borrower of any of the Obligations, nor the occurrence of any contingency whatsoever, shall the amount paidentitle Lender to charge or receive, in any event, interest or agreed charges, amounts, premiums or fees deemed interest by applicable law (such interest, charges, amounts, premiums and fees referred to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (collectively as “Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amountrate allowable under applicable law and in no event shall any Obligor be obligated to pay Interest exceeding such maximum rate, and all agreements, conditions, or stipulations, if any, which may in any event or contingency whatsoever operate to bind, obligate or compel any Obligor to pay Interest exceeding the maximum rate allowable under applicable law shall be without binding force or effect, at law or in equity, to the extent only of the excess of Interest over such maximum rate. If any Interest is charged or received in excess of the maximum rate allowable under applicable law (“Excess”), Borrower acknowledges and stipulates that any such charge or receipt shall be the result of an amount equal accident and bona fide error, and such Excess, to any excessive Interest the extent received, shall be applied first to reduce the reduction principal Obligations and the balance, if any, returned to Borrower, it being the intent of the principal balance owing under parties hereto not to enter into a usurious or other illegal relationship. The right to accelerate the Note maturity of the Obligations does not include the right to accelerate any Interest that has not otherwise accrued on the date of such acceleration, and Lender does not intend to collect any unearned Interest in the inverse order event of its maturity (any such acceleration. For the purpose of determining whether or not then due) orany Excess has been contracted for, at the option of charged or received by Lender, be paid over to Borrowerall Interest at any time contracted for, and not to charged or received from Borrower in connection with any of the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender Loan Documents shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread in equal parts throughout the full period until payment in full term of the principal balance Obligations. The provisions of the Note so that the Interest thereon for such full period will this Section shall be deemed to be incorporated into every Loan Document (whether or not exceed the maximum amount permitted by applicable law. This any provision of this Section will control all agreements between Borrower and Lenderis referred to therein).

Maximum Interest. The (a) Notwithstanding anything to the contrary contained in this Agreement or any of the other Financing Agreements, in no event whatsoever shall the aggregate of all amounts that are contracted for, charged or received by Lender pursuant to the terms of this Agreement or any of the other Financing Agreements and that are deemed interest under applicable law exceed the Maximum Interest Rate (including, to the extent applicable, the provisions of Section 5197 of the Revised Statutes of the United States of America as amended, 12 U.S.C. Section 85, as amended). No agreements, conditions, provisions or stipulations contained in this Security Instrument and Agreement or any of all agreements between Borrower and Lenderthe other Financing Agreements, whether now existing or hereafter arising and whether written any Event of Default, or oral, are hereby expressly limited so that in no contingency the exercise by Lender of the right to accelerate the payment or event whatsoever, whether by reason of demand or acceleration of the maturity of all or any portion of the Note Obligations, or otherwisethe exercise of any option whatsoever contained in this Agreement or any of the other Financing Agreements, or the prepayment by Borrower of any of the Obligations, or the occurrence of any event or contingency whatsoever, shall the amount paidentitle Lender to contract for, charge or agreed to be paid to Lender for the usereceive in any event, forbearance interest or retention of the money loaned under the Note (“Interest”) exceed the maximum amount permissible under applicable law. Ifany charges, from any circumstance whatsoeveramounts, performance premiums or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value fees deemed Interest interest by applicable law in excess of the maximum lawful amountMaximum Interest Rate. In no event shall Borrower be obligated to pay interest or such amounts as may be deemed interest under applicable law in amounts which exceed the Maximum Interest Rate. All agreements, an amount equal conditions or stipulations, if any, which may in any event or contingency whatsoever operate to any excessive bind, obligate or compel Borrower to pay interest or such amounts which are deemed to constitute interest in amounts which exceed the Maximum Interest Rate shall be applied without binding force or effect, at law or in equity, to the reduction extent of the principal balance owing under excess of interest or such amounts which are deemed to constitute interest over such Maximum Interest Rate. (b) In the Note event any Interest is charged or received in excess of the inverse order Maximum Interest Rate ("Excess"), Borrower acknowledges and stipulates that any such charge or receipt shall be the result of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borroweran accident and bona fide error, and not that any Excess received by Lender shall be applied, first, to the payment of Interestthe then outstanding and unpaid principal hereunder; second to the payment of the other Obligations then outstanding and unpaid; and third, returned to Borrower, it being the intent of the parties hereto not to enter into a usurious or otherwise illegal relationship. The right to accelerate the maturity of any of the Obligations does not include the right to accelerate any interest that has not otherwise accrued on the date of such acceleration, and Lender does not intend to collect any unearned interest in the event of any such acceleration. Borrower recognizes that, with fluctuations in the rates of interest set forth in Section 3.1 of this Agreement and the Maximum Interest Rate, such an unintentional result could inadvertently occur. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be monies paid to Lender hereunder or under any of the other Financing Agreements, whether at maturity or by prepayment, shall be subject to any rebate of unearned interest as and to the extent required by applicable law. (c) By the execution of this Agreement, Borrower agrees that (A) the credit or return of any Excess shall constitute the acceptance by Borrower of such Excess, and (B) Borrower shall not seek or pursue any other remedy, legal or equitable, against Lender, based in whole or in part upon contracting for, charging or receiving any interest or such amounts which are deemed to constitute interest in excess of the Maximum Interest Rate. For the purpose of determining whether or not any Excess has been contracted for, charged or received by Lender, all interest at any time contracted for, charged or received from Borrower in connection with this Agreement or any of the other Financing Agreements shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout during the full period until payment entire term of this Agreement in full of accordance with the principal balance of amounts outstanding from time to time hereunder and the Note so that the Maximum Interest thereon for such full period will not exceed Rate from time to time in effect in order to lawfully charge the maximum amount of interest permitted by under applicable laws. (d) Borrower and Lender shall, to the maximum extent permitted under applicable law, (i) characterize any non-principal payment as an expense, fee or premium rather than as interest and (ii) exclude voluntary prepayments and the effects thereof. (e) The provisions of this Section 3.5 shall be deemed to be incorporated into each of the other Financing Agreements (whether or not any provision of this Section is referred to therein). This Section will control all agreements between Each of the Financing Agreements and communications relating to any interest owed by Borrower and Lenderall figures set forth therein shall, for the sole purpose of computing the extent of the Obligations, be automatically recomputed by Borrower, and by any court considering the same, to give effect to the adjustments or credits required by this Section.

Maximum Interest. The It is the intention of the parties hereto to conform strictly to applicable usury laws, and, anything herein to the contrary notwithstanding, the Obligations of the Borrower to each Lender under this Agreement shall be subject to the limitation that payments of interest shall not be required to the extent that receipt thereof would be contrary to provisions of law applicable to such Lender limiting rates of interest that may be charged or collected by such Lender. Accordingly, if the transactions contemplated hereby would be usurious under Governmental Requirements (including the Federal and state laws of the United States of America, or of any other jurisdiction whose laws may be mandatorily applicable) with respect to a Lender, then, in that event, notwithstanding anything to the contrary in this Agreement, it is agreed as follows: (a) the provisions of this Security Instrument Section 12.12 shall govern and control; (b) the aggregate of all agreements between consideration that constitutes interest under Governmental Requirements that is contracted for, charged or received under this Agreement, or under any other Loan Document or otherwise in connection with this Agreement by such Lender shall under no circumstances exceed the Highest Lawful Rate, and any excess shall be credited to the Borrower and Lenderby such Lender (or, whether now existing or hereafter arising and whether written or oralif such consideration shall have been paid in full, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of such excess promptly refunded to the maturity of the Note or otherwise, shall the amount Borrower); (c) all sums paid, or agreed to be paid paid, to such Lender for the use, forbearance or retention and detention of the money loaned under indebtedness of the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender hereunder shall, to the extent permitted by applicable lawGovernmental Requirements, be amortized, prorated, allocated and spread throughout the full period term of such indebtedness until payment in full of the principal balance of the Note so that the Interest thereon actual rate of interest is uniform throughout the full term thereof; and (d) if at any time the interest provided pursuant to Section 3.02, together with any other fees and expenses payable pursuant to this Agreement and the other Loan Documents and deemed interest under Governmental Requirements, exceeds that amount that would have accrued at the Highest Lawful Rate, then the amount of interest and any such fees to accrue to such Lender pursuant to this Agreement shall be limited, notwithstanding anything to 715347206 14464587 the contrary in this Agreement, to that amount that would have accrued at the Highest Lawful Rate, but any subsequent reductions, as applicable, shall not reduce the interest to accrue to such Lender pursuant to this Agreement below the Highest Lawful Rate until the total amount of interest accrued pursuant to this Agreement and such fees deemed to be interest equals the amount of interest that would have accrued to such Lender if a varying rate per annum equal to the interest provided pursuant to Section 3.02 had at all times been in effect, plus the amount of fees that would have been received but for such full period will not exceed the maximum amount permitted by applicable law. This effect of this Section will control all agreements between Borrower and Lender12.12.

Maximum Interest. The provisions It is expressly stipulated and agreed to be the intent of this Security Instrument Borrower and Bank at all times to comply strictly with the applicable Texas law governing the maximum rate or amount of all agreements interest payable on the indebtedness evidenced by any Note or any Loan Document, and the Related Indebtedness (or applicable United States federal law to the extent that it permits Bank to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount (a) contracted for, charged, taken, reserved or received pursuant to any Note, any of the other Loan Documents or any other communication or writing by or between Borrower and LenderBank related to the transaction or transactions that are the subject matter of the Loan Documents, whether now existing (b) contracted for, charged, taken, reserved or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether received by reason of demand or acceleration Bank’s exercise of the option to accelerate the maturity of any Note and/or any and all indebtedness paid or payable by Borrower to Bank pursuant to any Loan Document other than any Note (such other indebtedness being referred to in this Section as the “Related Indebtedness”), or (c) Borrower will have paid or Bank will have received by reason of any voluntary prepayment by Borrower of any Note, then it is Borrower’s and Bank’s express intent that all amounts charged in excess of the Maximum Rate shall be automatically canceled, ab initio, and all amounts in excess of the Maximum Rate theretofore collected by Bank shall be credited on the principal balance of any Note and (or, if any Note has been or would thereby be paid in full, refunded to Borrower), and the provisions of any Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if any Note has been paid in full before the end of the stated term of any such Note, then Borrower and Bank agree that Bank shall, with reasonable promptness after Bank discovers or is advised by Borrower that interest was received in an amount in excess of the Maximum Rate, either refund such excess interest to Borrower and/or credit such excess interest against such Note and/or any Related Indebtedness then owing by Borrower to Bank. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Bank, Borrower will provide written notice to Bank, advising Bank in reasonable detail of the nature and amount of the violation, and Bank shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Note to which the alleged violation relates and/or the Related Indebtedness then owing by Borrower to Bank. All sums contracted for, charged, taken, reserved or otherwise, shall the amount paid, or agreed to be paid to Lender received by Bank for the use, forbearance or retention of the money loaned under the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment detention of any provision hereof or of debt evidenced by any agreement between Borrower and Lender shall, at Note and/or the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender Related Indebtedness shall, to the extent permitted by applicable law, be amortizedamortized or spread, proratedusing the actuarial method, allocated and spread throughout the full period stated term of such Note and/or the Related Indebtedness (including any and all renewal and extension periods) until payment in full of the principal balance of the Note so that the Interest thereon for such full period will rate or amount of interest on account of any Note and/or the Related Indebtedness does not exceed the maximum amount permitted by Maximum Rate from time to time in effect and applicable lawto such Note and/or the Related Indebtedness for so long as debt is outstanding. This Section will control all agreements between Borrower In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and Lenderrevolving triparty accounts) apply to any Note and/or any of the Related Indebtedness. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Bank to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Maximum Interest. The provisions Regardless of this Security Instrument and any provision contained in any of all agreements between Borrower and Lenderthe Loan Documents, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoeverwhatsoever shall the aggregate of all amounts that are contracted for, whether charged or received by reason Lender pursuant to the terms of demand any of the Loan Documents and that are deemed interest under Applicable Law exceed the highest rate permissible under any Applicable Law. No agreements, conditions, provisions or acceleration stipulations contained in any of the Loan Documents or the exercise by Lender of the right to accelerate the payment or the maturity of all or any portion of the Note Obligations, or otherwisethe exercise of any option whatsoever contained in any of the Loan Documents, or the prepayment by Borrower of any of the Obligations, or the occurrence of any contingency whatsoever, shall the amount paidentitle Lender to charge or receive in any event, interest or agreed any charges, amounts, premiums or fees deemed interest by Applicable Law (such interest, charges, amounts, premiums and fees referred to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (“herein collectively as "Interest”") exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amountMaximum Rate and in no event shall Borrower be obligated to pay Interest exceeding such Maximum Rate, and all agreements, conditions or stipulations, if any, which may in any event or contingency whatsoever operate to bind, obligate or compel Borrower to pay Interest exceeding the Maximum Rate shall be without binding force or effect, at law or in equity, to the extent only of the excess of Interest over such Maximum Rate. If any Interest is charged or received in excess of the Maximum Rate ("Excess"), Borrower acknowledges and stipulates that any such charge or receipt shall be the result of an amount equal accident and bona fide error, and such Excess, to any excessive Interest the extent received, shall be applied first to reduce the principal Obligations and the balance, if any, returned to Borrower, it being the intent of the parties hereto not to enter into a usurious or otherwise illegal relationship. All monies paid to Lender hereunder or under any of the other Loan Documents, whether at maturity or by prepayment, shall be subject to any rebate of unearned interest as and to the reduction extent required by Applicable Law. By the execution of this Agreement, Borrower covenants that (i) the credit or return of any Excess shall constitute the acceptance by Borrower of such Excess, and (ii) Borrower shall not seek or pursue any other remedy, legal or equitable, against Lender, based in whole or in part upon contracting for, charging or receiving any Interest in excess of the principal balance owing under Maximum Rate. For the Note in the inverse order purpose of its maturity (determining whether or not then due) orany Excess has been contracted for, at the option of charged or received by Lender, be paid over to Borrowerall interest at any time contracted for, and not to charged or received from Borrower in connection with any of the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender Loan Documents shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated and spread in equal parts throughout the full period until payment in full term of the principal balance of the Note so that the Interest thereon for such full period will not exceed Obligations. Borrower and Lender shall, to the maximum amount extent permitted by applicable lawunder Applicable Law, (i) characterize any non- principal payment as an expense, fee or premium rather than as Interest and (ii) exclude voluntary prepayments and the effects thereof. This The provisions of this Section will control all agreements between Borrower and Lendershall be deemed to be incorporated into every Loan Document (whether or not any provision of this Section is referred to therein).

Maximum Interest. The provisions of this Security Instrument and of all agreements between Borrower and Lender, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the maturity of the Note or otherwise, shall the amount paid, or agreed to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment Regardless of any provision hereof or contained in any of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso factoLoan Documents, the obligation holder hereof shall never be entitled to be performed contract for, charge, receive, take, collect, reserve or fulfilled shall be reduced to such limit, and if, from apply as interest on this Note any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law amount in excess of the maximum lawful amountMaximum Rate, an and, in the event that holder ever receives, takes, reserves, collects or applies as interest any such excess, the amount equal to any which would be excessive Interest interest shall be applied deemed to the reduction be a partial prepayment of the principal balance owing under the and treated hereunder as such; and, if this Note is paid in the inverse order of its maturity (full, any remaining excess shall forthwith be paid to Borrower. In determining whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) interest paid or agreed to be paid to Lender payable under any specific contingency exceeds the Maximum Rate, Borrower and the holder hereof shall, to the extent permitted by under applicable law, be amortized(i) characterize any non-principal payment as an expense, proratedfee or premium rather than as interest; (ii) exclude voluntary and mandatory prepayments and the effects thereof; and (iii) amortize, allocated prorate, allocate and spread throughout the total amount of interest through the entire contemplated term of the Note; provided that, if the Note is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period until payment in full of existence thereof exceeds the Maximum Rate, the holder shall refund to Borrower the amount of such excess or credit the amount of such excess against the principal balance amount of the Note so and, in such event, the Holder shall not be subject to any penalties provided by any laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Rate. To the extent federal law permits Lender to contract for, charge or receive a greater amount of interest, Lender will rely on federal law instead of the Texas Finance Code or the Texas Credit Title, as amended, for the purpose of determining the Maximum Rate. To the extent that the Interest thereon Texas Credit Title, as amended (the "ACT"), is relevant to any holder of the Loans for the purposes of determining the Maximum Rate, each such full period will not exceed holder elects to determine such applicable legal rate under the maximum amount permitted Act pursuant to the "weekly ceiling", from time to time in effect, as referred to and defined in Chapter 1D of the Act, as modified by Article 1H.003 of the Act; subject, however, to the limitations on such applicable ceiling referred to and defined in the Act, and further subject to any right such holder may have subsequently, under applicable law, to change the method of determining the Maximum Rate. This Section will control all agreements between Borrower In no event shall Chapter 346 of the Texas Finance Code (which regulates certain revolving loan accounts and Lenderrevolving tri-party accounts) apply to this Note. To the extent that Chapter 303 of the Texas Finance Code is applicable to this Note, the "weekly ceiling" specified in Chapter 303 is the applicable ceiling; provided that, if any applicable law permits greater interest, the law permitting the greatest interest shall apply.

Maximum Interest. The It is the intention of the parties hereto to conform strictly to applicable interest, usury and criminal laws and, anything herein to the contrary notwithstanding, the obligations of the Company to an Australian Lender or any Agent under this Agreement shall be subject to the limitation that payments of interest shall not be required to the extent that receipt thereof would be contrary to provisions of law applicable to such Australian Lender or Agent limiting rates of interest which may be charged or collected by such Australian Lender or Agent. Accordingly, if the transactions contemplated hereby would be illegal, unenforceable, usurious or criminal under laws applicable to an Australian Lender or Agent (including the laws of any jurisdiction whose laws may be mandatorily applicable to such Australian Lender or Agent notwithstanding anything to the contrary in this Agreement or any other Australian Loan Document but subject to Section 3.8 hereof) then, in that event, notwithstanding anything to the contrary in this Agreement or any other Australian Loan Document, it is agreed as follows: (a) the provisions of this Security Instrument Section 3.2 shall govern and control; (b) the aggregate of all agreements between Borrower and Lenderconsideration which constitutes interest under applicable law that is contracted for, whether now existing taken, reserved, charged or hereafter arising and whether written received under this Agreement, or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration under any of the maturity other aforesaid agreements or otherwise in connection with this Agreement by such Australian Lender or Agent shall under no circumstances exceed the maximum amount of interest allowed by applicable law (such maximum lawful interest rate, if any, with respect to each Australian Lender and the Note Agent herein called the "Highest Lawful Rate"), and any excess shall be cancelled automatically and if theretofore paid shall be credited to the Company by such Australian Lender or otherwiseAgent (or, if such consideration shall have been paid in full, such excess refunded to the amount Company); (c) all sums paid, or agreed to be paid paid, to such Australian Lender or Agent for the use, forbearance or retention and detention of the money loaned under indebtedness of the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced Company to such limit, and if, from Australian Lender or Agent hereunder or under any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender Australian Loan Document shall, to the extent permitted by laws applicable lawto such Australian Lender or Agent, as the case may be, be amortized, prorated, allocated and spread throughout the full period term of such indebtedness until payment in full of the principal balance of the Note so that the Interest thereon actual rate of interest is uniform throughout the full term thereof; (d) if at any time the interest provided pursuant to this Section 3.2 or any other clause of this Agreement or any other Australian Loan Document, together with any other fees or compensation payable pursuant to this Agreement or any other Australian Loan Document and deemed interest under laws applicable to such Australian Lender or Agent, exceeds that amount which would have accrued at the Highest Lawful Rate, the amount of interest and any such fees or compensation to accrue to such Australian Lender or Agent pursuant to this Agreement shall be limited, notwithstanding anything to the contrary in this Agreement or any other Australian Loan Document, to that amount which would have accrued at the Highest Lawful Rate, but any subsequent reductions, as applicable, shall not reduce the interest to accrue to such Australian Lender or Agent pursuant to this Agreement below the Highest Lawful Rate until the total amount of interest accrued pursuant to this Agreement or such other Australian Loan Document, as the case may be, and such fees or compensation deemed to be interest equals the amount of interest which would have accrued to such Australian Lender or Agent if a varying rate per annum equal to the interest provided pursuant to any other relevant Section hereof (other than this Section 3.2), as applicable, had at all times been in effect, plus the amount of fees which would have been received but for the effect of this Section 3.2; and (e) with the intent that the rate of interest herein shall at all times be lawful, and if the receipt of any funds owing hereunder or under any other agreement related hereto (including any of the other Australian Loan Documents) by such full period will not exceed the maximum amount permitted by applicable law. This Section will control all agreements between Borrower and Australian Lender or Agent would cause such Australian Lender.

Maximum Interest. The provisions Regardless of this Security Instrument and any provision contained in any of all agreements between Borrower and Lenderthe Loan Documents, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoeverwhatsoever shall the aggregate of all amounts that are contracted for, whether charged or received by reason Administrative Agent and Lenders pursuant to the terms of demand this Agreement or acceleration any of the other Loan Documents and that are deemed interest under Applicable Law exceed the highest rate permissible under any Applicable Law. No agreements, conditions, provisions or stipulations contained in this Agreement or any of the other Loan Documents or the exercise by Administrative Agent of the right to accelerate the payment or the maturity of all or any portion of the Note Obligations, or otherwisethe exercise of any option whatsoever contained in any of the Loan Documents, or the prepayment by Borrowers of any of the Obligations, or the occurrence of any contingency whatsoever, shall the amount paidentitle Administrative Agent or any Lender to charge or receive in any event, interest or agreed any charges, amounts, premiums or fees deemed interest by Applicable Law (such interest, charges, amounts, premiums and fees referred to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (herein collectively as “Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amountMaximum Rate, and in no event shall Borrowers be obligated to pay Interest exceeding such Maximum Rate, and all agreements, conditions or stipulations, if any, which may in any event or contingency whatsoever operate to bind, obligate or compel Borrowers to pay Interest exceeding the Maximum Rate shall be without binding force or effect, at law or in equity, to the extent only of the excess of Interest over such Maximum Rate. If any Interest is charged or received with respect to the Obligations in excess of the Maximum Rate (“Excess”), Borrowers stipulate that any such charge or receipt shall be the result of an amount equal accident and bona fide error, and such Excess, to any excessive Interest the extent received, shall be applied first to reduce the principal of such Obligations and the balance, if any, returned to Borrowers, it being the intent of the parties hereto not to enter into a usurious or otherwise illegal relationship. Each Borrower recognizes that, with fluctuations in the rates of interest set forth in Section 3.1.1, and the Maximum Rate, such an unintentional result could inadvertently occur. All monies paid to Administrative Agent or any Lender hereunder or under any of the other Loan Documents, whether at maturity or by prepayment, shall be subject to any rebate of unearned Interest as and to the reduction extent required by Applicable Law. By the execution of this Agreement, each Borrower covenants that (i) the credit or return of any Excess shall constitute the acceptance by such Borrower of such Excess, and (ii) such Borrower shall not seek or pursue any other remedy, legal or equitable, against Administrative Agent or any Lender, based in whole or in part upon contracting for, charging or receiving any Interest in excess of the principal balance owing under Maximum Rate. For the Note in the inverse order purpose of its maturity (determining whether or not then due) orany Excess has been contracted for, at the option of charged or received by Administrative Agent or any Lender, be paid over to Borrowerall Interest at any time contracted for, and not to charged or received from Borrowers in connection with any of the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender Loan Documents shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated and spread in equal parts throughout the full period until payment in full term of the principal balance of the Note so that the Interest thereon for such full period will not exceed Obligations. Borrowers, Administrative Agent and Lenders shall, to the maximum amount extent permitted under Applicable Law, (i) characterize any non-principal payment as an expense, fee or premium rather than as Interest and (ii) exclude voluntary prepayments and the effects thereof. The provisions of this Section 3.11 shall be deemed to be incorporated into every Loan Document (whether or not any provision of this Section is referred to therein). All such Loan Documents and communications relating to any Interest owed by applicable law. This Borrowers and all figures set forth therein shall, for the sole purpose of computing the extent of Obligations, be automatically recomputed by Borrowers, and by any court considering the same, to give effect to the adjustments or credits required by this Section will control all agreements between Borrower and Lender3.11.

Maximum Interest. The provisions Regardless of this Security Instrument and any provision contained in any of all agreements between Borrower and Lenderthe Loan Documents, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoeverwhatsoever shall the aggregate of all amounts that are contracted for, whether charged or received by reason Lender pursuant to the terms of demand any of the Loan Documents and that are deemed interest under Applicable Law exceed the highest rate permissible under any Applicable Law. No agreements, conditions, provisions or acceleration stipulations contained in any of the Loan Documents or the exercise by Lender of the right to accelerate the payment or the maturity of all or any portion of the Note Obligations, or otherwisethe exercise of any option whatsoever contained in any of the Loan Documents, or the prepayment by Borrower of any of the Obligations, or the occurrence of any contingency whatsoever, shall the amount paidentitle Lender to charge or receive in any event, interest or agreed any charges, amounts, premiums or fees deemed interest by Applicable Law (such interest, charges, amounts, premiums and fees referred to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (“herein collectively as "Interest”") exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amountMaximum Rate and in no event shall Borrowers be obligated to pay Interest exceeding such Maximum Rate, and all agreements, conditions or stipulations, if any, which may in any event or contingency whatsoever operate to bind, obligate or compel Borrowers to pay Interest exceeding the Maximum Rate shall be without binding force or effect, at law or in equity, to the extent only of the excess of Interest over such Maximum Rate. If any Interest is charged or received in excess of the Maximum Rate ("Excess"), each Borrower acknowledges and stipulates that any such charge or receipt shall be the result of an amount equal accident and bona fide error, and such Excess, to any excessive Interest the extent received, shall be applied first to reduce the principal Obligations and the balance, if any, returned to Borrowers, it being the intent of the parties hereto not to enter into a usurious or otherwise illegal relationship. The right to accelerate the maturity of any of the Obligations does not include the right to accelerate any Interest that has not otherwise accrued on the date of such acceleration, and Lender does not intend to collect any unearned Interest in the event of any such acceleration. Each Borrower recognizes that, with fluctuations in the rates of interest set forth in Section 2.1.1 of this Agreement or in the Notes and the Maximum Rate, such an unintentional result could inadvertently occur. All monies paid to Lender hereunder or under any of the other Loan Documents, whether at maturity or by prepayment, shall be subject to any rebate of unearned Interest as and to the reduction extent required by Applicable Law. By the execution of this Agreement, each Borrower covenants that (i) the credit or return of any Excess shall constitute the acceptance by Borrowers of such Excess, and (ii) no Borrower shall seek or pursue any other remedy, legal or equitable, against Lender, based in whole or in part upon contracting for, charging or receiving any Interest in excess of the principal balance owing under Maximum Rate. For the Note in the inverse order purpose of its maturity (determining whether or not then due) orany Excess has been contracted for, at the option of charged or received by Lender, be paid over to Borrowerall Interest at any time contracted for, and not to charged or received from Borrowers in connection with any of the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender Loan Documents shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated and spread in equal parts throughout the full period until payment in full term of the principal balance of the Note so that the Interest thereon for such full period will not exceed Obligations. Borrowers and Lender shall, to the maximum amount extent permitted under Applicable Law, (i) characterize any non-principal payment as an expense, fee or premium rather than as Interest and (ii) exclude voluntary prepayments and the effects thereof. The provisions of this Section shall be deemed to be incorporated into every Loan Document (whether or not any provision of this Section is referred to therein). All such Loan Documents and communications relating to any Interest owed by applicable law. This Borrowers and all figures set forth therein shall, for the sole purpose of computing the extent of Obligations, be automatically recomputed by Borrowers, and by any court considering the same, to give effect to the adjustments or credits required by this Section will control all agreements between Borrower and Lender2.6.

Maximum Interest. The provisions Regardless of this Security Instrument and any provision contained in any of all agreements between Borrower and Lenderthe Credit Documents, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoeverwhatsoever shall the aggregate of all amounts that are contracted for, whether charged or received by reason Agent or any Lender pursuant to the terms of demand this Agreement or acceleration any of the other Credit Documents and that are deemed interest under Applicable Law exceed the highest rate permissible under any Applicable Law. No agreements, conditions, provisions or stipulations contained in this Agreement or any of the other Credit Documents or the exercise by Agent of the right to accelerate the payment or the maturity of all or any portion of the Note Obligations, or otherwisethe exercise of any option whatsoever contained in any of the Credit Documents, or the prepayment by Borrowers of any of the Obligations, or the occurrence of any contingency whatsoever, shall the amount paidentitle Agent or any Lender to charge or receive in any event, interest or agreed any charges, amounts, premiums or fees deemed interest by Applicable Law (such interest, charges, amounts, premiums and fees referred to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (“herein collectively as "Interest”") exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amountMaximum Rate and in no event shall Borrowers be obligated to pay Interest exceeding such Maximum Rate, and all agreements, conditions or stipulations, if any, which may in any event or contingency whatsoever operate to bind, obligate or compel Borrowers to pay Interest exceeding the Maximum Rate shall be without binding force or effect, at law or in equity, to the extent only of the excess of Interest over such Maximum Rate. If any Interest is charged or received in excess of the Maximum Rate ("Excess"), each Borrower acknowledges and stipulates that any such charge or receipt shall be the result of an amount equal accident and bona fide error, and such Excess, to any excessive Interest the extent received, shall be applied first to reduce the principal Obligations and the balance, if any, returned to Borrowers, it being the intent of the parties hereto not to enter into a usurious or otherwise illegal relationship. The right to accelerate the maturity of any of the Obligations does not include the right to accelerate any Interest that has not otherwise accrued on the date of such acceleration, and neither Agent nor any Lenders intend to collect any unearned Interest in the event of any such acceleration. Each Borrower recognizes that, with fluctuations in the rates of interest set forth in Section 3.1.1 of this Agreement, and the Maximum Rate, such an unintentional result could inadvertently occur. All monies paid to Agent or any Lender hereunder or under any of the other Credit Documents, whether at maturity or by prepayment, shall be subject to any rebate of unearned Interest as and to the reduction extent required by Applicable Law. By the execution of this Agreement, Borrowers covenant that (i) the credit or return of any Excess shall constitute the acceptance by Borrowers of such Excess, and (ii) no Borrower shall seek or pursue any other remedy, legal or equitable, against Agent or any Lender, based in whole or in part upon contracting for, charging or receiving any Interest in excess of the principal balance owing under Maximum Rate. For the Note in the inverse order purpose of its maturity (determining whether or not then due) orany Excess has been contracted for, at the option of charged or received by Agent or any Lender, be paid over to Borrowerall Interest at any time contracted for, and not to charged or received from Borrowers in connection with any of the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender Credit Documents shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated and spread in equal parts throughout the full period until payment in full term of the principal balance of the Note so that the Interest thereon for such full period will not exceed Obligations. Borrowers, Agent and Lenders shall, to the maximum amount extent permitted under Applicable Law, (i) characterize any non-principal payment as an expense, fee or premium rather than as Interest and (ii) exclude voluntary prepayments and the effects thereof. The provisions of this Section 3.10 shall be deemed to be incorporated into every Credit Document (whether or not any provision of this Section is referred to therein). All such Credit Documents and communications relating to any Interest owed by applicable law. This Borrowers and all figures set forth therein shall, for the sole purpose of computing the extent of Obligations, be automatically recomputed by Borrowers, and by any court considering the same, to give effect to the adjustments or credits required by this Section will control all agreements between Borrower and Lender3.10.

Maximum Interest. The It is the intention of the parties hereto to conform strictly to applicable usury laws and, anything herein to the contrary notwithstanding, the obligations of the Borrower to each Lender under this Agreement shall be subject to the limitation that payments of interest shall not be required to the extent that receipt thereof would be contrary to provisions of law applicable to such Lender limiting rates of interest which may be charged or collected by such Lender. Accordingly, if the transactions contemplated hereby would be usurious under applicable law (including the Federal and state laws of the United States of America, or of any other jurisdiction whose laws may be mandatorily applicable) with respect to a Lender then, in that event, notwithstanding anything to the contrary in this Agreement, it is agreed as follows: (a) the provisions of this Security Instrument Section 4.11 shall govern and control; (b) the aggregate of all agreements between Borrower and Lenderconsideration which constitutes interest under applicable law that is contracted for, whether now existing charged or hereafter arising and whether written received under this Agreement, or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration under any of the maturity other aforesaid agreements or otherwise in connection with this Agreement by such Lender shall under no circumstances exceed the maximum amount of interest allowed by applicable law (such maximum lawful interest rate, if any, with respect to such Lender herein called the Note or otherwise“Highest Lawful Rate”), and any excess shall be credited to the amount Borrower by such Lender (or, if such consideration shall have been paid in full, such excess promptly refunded to the Borrower); (c) all sums paid, or agreed to be paid paid, to such Lender for the use, forbearance or retention and detention of the money loaned under indebtedness of the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender hereunder shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full period term of such indebtedness until payment in full of the principal balance of the Note so that the Interest thereon for such actual rate of interest is uniform throughout the full period will not exceed term thereof; and (d) if at any time the maximum amount permitted by interest provided pursuant to Section 3.2 together with any other fees payable pursuant to this Agreement and deemed interest under applicable law. This , exceeds that amount which would have accrued at the Highest Lawful Rate, the amount of interest and any such fees to accrue to such Lender pursuant to this Agreement shall be limited, notwithstanding anything to the contrary in this Agreement to that amount which would have accrued at the Highest Lawful Rate, but any subsequent reductions, as applicable, shall not reduce the interest to accrue to such Lender pursuant to this Agreement below the Highest Lawful Rate until the total amount of interest accrued pursuant to this Agreement and such fees deemed to be interest equals the amount of interest which would have accrued to such Lender if a varying rate per annum equal to the interest provided pursuant to Section will control 3.2 had at all agreements between Borrower and Lendertimes been in effect, plus the amount of fees which would have been received but for the effect of this Section 4.11.

Maximum Interest. The provisions Regardless of this Security Instrument and any provision contained in any of all agreements between Borrower and Lenderthe Loan Documents, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoeverwhatsoever shall the aggregate of all amounts that are contracted for, whether charged or received by reason Lender pursuant to the terms of demand any of the Loan Documents and that are deemed interest under Applicable Law exceed the highest rate permissible under any Applicable Law. No agreements, conditions, provisions or acceleration stipulations contained in any of the Loan Documents or the exercise by Lender of the right to accelerate the payment or the maturity of all or any portion of the Note Obligations, or otherwisethe exercise of any option whatsoever contained in any of the Loan Documents, or the prepayment by Borrowers of any of the Obligations, or the occurrence of any contingency whatsoever, shall the amount paidentitle Lender to charge or receive in any event, interest or agreed any charges, amounts, premiums or fees deemed interest by Applicable Law (such interest, charges, amounts, premiums and fees referred to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (“herein collectively as "Interest”") exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amountMaximum Rate and in no event shall Borrowers be obligated to pay Interest exceeding such Maximum Rate, and all agreements, conditions or stipulations, if any, which may in any event or contingency whatsoever operate to bind, obligate or compel Borrowers to pay Interest exceeding the Maximum Rate shall be without binding force or effect, at law or in equity, to the extent only of the excess of Interest over such Maximum Rate. If any Interest is charged or received in excess of the Maximum Rate ("Excess"), each Borrower acknowledges and stipulates that any such charge or receipt shall be the result of an amount equal accident and bona fide error, and such Excess, to any excessive Interest the extent received, shall be applied first to reduce the principal Obligations and the balance, if any, returned to Borrowers, it being the intent of the parties hereto not to enter into a usurious or otherwise illegal relationship. The right to accelerate the maturity of any of the Obligations does not include the right to accelerate any Interest that has not otherwise accrued on the date of such acceleration, and Lender does not intend to collect any unearned Interest in the event of any such acceleration. Each Borrower recognizes that, with fluctuations in the rates of interest set forth in SECTION 3.1.1 of this Agreement or in any Note and the Maximum Rate, such an unintentional result could inadvertently occur. All monies paid to Lender hereunder or under any of the other Loan Documents, whether at maturity or by prepayment, shall be subject to any rebate of unearned Interest as and to the reduction extent required by Applicable Law. By the execution of this Agreement, each Borrower covenants that (i) the credit or return of any Excess shall constitute the acceptance by Borrowers of such Excess, and (ii) no Borrower shall seek or pursue any other remedy, legal or equitable, against Lender, based in whole or in part upon contracting for, charging or receiving any Interest in excess of the principal balance owing under Maximum Rate. For the Note in the inverse order purpose of its maturity (determining whether or not then due) orany Excess has been contracted for, at the option of charged or received by Lender, be paid over to Borrowerall Interest at any time contracted for, and not to charged or received from Borrowers in connection with any of the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender Loan Documents shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated and spread in equal parts throughout the full period until payment in full term of the principal balance of the Note so that the Interest thereon for such full period will not exceed Obligations. Borrowers and Lender shall, to the maximum amount extent permitted under Applicable Law, (i) characterize any non-principal payment as an expense, fee or premium rather than as Interest and (ii) exclude voluntary prepayments and the effects thereof. The provisions of this Section shall be deemed to be incorporated into every Loan Document (whether or not any provision of this Section is referred to therein). All such Loan Documents and communications relating to any Interest owed by applicable law. This Section will control Borrowers and all agreements between Borrower figures set forth therein shall, for the sole purpose of computing the extent of Obligations, be automatically recomputed by Borrowers, and Lenderby any court considering the same, to give effect to the adjustments or credits required by this SECTION 3.10.

Maximum Interest. The It is the intention of the parties hereto to conform strictly to applicable usury laws and, anything herein or in any other Loan Document to the contrary notwithstanding, the obligations of Borrower to Lender under this Agreement and the other Loan Documents shall be subject to the limitation that payments of interest shall not be required to the extent that receipt or charging thereof would be contrary to provisions of law applicable to Lender limiting rates of interest which may be charged or collected by Lender. Accordingly, if the transactions contemplated hereby would be usurious under applicable law (including the Federal and state laws of the United States of America, or of any other jurisdiction whose laws may be mandatorily applicable) with respect to Lender, then, in that event, notwithstanding anything to the contrary in this Agreement or the other Loan Documents, it is agreed as follows: (a) the provisions of this Security Instrument Section shall govern and control; (b) the aggregate of all agreements between Borrower consideration which constitutes interest under applicable law that is contracted for, charged or received under this Agreement and Lenderthe other Loan Documents, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration under any of the maturity other aforesaid agreements or otherwise in connection with this Agreement by Lender shall under no circumstances exceed the maximum amount of interest allowed by applicable law (such maximum lawful interest rate, if any, with respect to Lender herein called the Note or otherwise"Highest Lawful Rate"), and any excess shall the amount be credited to Borrower by Lender (or, if such consideration shall have been paid in full, such excess refunded to Borrower); (c) all sums paid, or agreed to be paid paid, to Lender for the use, forbearance or retention and detention of the money loaned amounts owed under the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between this Agreement by Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender hereunder shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full period term of such amounts owed under this Agreement and the other Loan Documents until payment in full of the principal balance of the Note so that the Interest thereon for such actual rate of interest is uniform throughout the full period will not exceed term thereof; and (d) if at any time the maximum amount permitted by interest provided pursuant to this Agreement together with any other fees payable pursuant to this Agreement and the other Loan Documents and deemed interest under applicable law. This Section will control , exceeds that amount which would have accrued at the Highest Lawful Rate, the amount of interest, swap breakage, and any such fees to accrue to Lender pursuant to this Agreement and the other Loan Documents shall be limited, notwithstanding anything to the contrary in this Agreement or in any other Loan Document to that amount which would have accrued at the Highest Lawful Rate, but any reductions in the interest otherwise provided pursuant to this Agreement, as applicable, shall be carried forward and collected in periods in which the amount of interest accruing otherwise pursuant to this Agreement shall be less than the Highest Lawful Rate until the total amount of interest (including such fees deemed to be interest) accrued pursuant to this Agreement and the other Loan Documents equals the amount of interest which would have accrued to Lender if a varying rate per annum equal to the Coupon Interest Rate had at all agreements between Borrower and Lendertimes been in effect, plus the amount of fees which would have been received but for the effect of this Section.

Maximum Interest. The provisions Regardless of this Security Instrument and any provision contained in any of all agreements between Borrower and Lenderthe DIP Loan Documents, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoeverwhatsoever shall the aggregate of all amounts that are contracted for, whether charged or received by reason Agent and Lenders pursuant to the terms of demand this Agreement or acceleration any of the other DIP Loan Documents and that are deemed interest under Applicable Law exceed the highest rate permissible under any Applicable Law. No agreements, conditions, provisions or stipulations contained in this Agreement or any of the other DIP Loan Documents or the exercise by Agent of the right to accelerate the payment or the maturity of all or any portion of the Note Obligations, or otherwisethe exercise of any option whatsoever contained in any of the DIP Loan Documents, or the prepayment by any or all Borrowers of any of the Obligations, or the occurrence of any contingency whatsoever, shall the amount paidentitle Agent or any Lender to charge or receive in any event, interest or agreed any charges, amounts, premiums or fees deemed interest by Applicable Law (such interest, charges, amounts, premiums and fees referred to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (herein collectively as “Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amountMaximum Rate and in no event shall Borrowers be obligated to pay Interest exceeding such Maximum Rate, and all agreements, conditions or stipulations, if any, which may in any event or contingency whatsoever operate to bind, obligate or compel Borrowers to pay Interest exceeding the Maximum Rate shall be without binding force or effect, at law or in equity, to the extent only of the excess of Interest over such Maximum Rate. If any Interest is charged or received in excess of the Maximum Rate (“Excess”), each Borrower acknowledges and stipulates that any such charge or receipt shall be the result of an amount equal accident and bona fide error, and such Excess, to any excessive Interest the extent received, shall be applied first to reduce the principal Obligations and the balance, if any, returned to Borrowers, it being the intent of the parties hereto not to enter into a usurious or otherwise illegal relationship. The right to accelerate the maturity of any of the Obligations does not include the right to accelerate any Interest that has not otherwise accrued on the date of such acceleration, and Agent and Lenders do not intend to collect any unearned Interest in the event of any such acceleration. Each Borrower recognizes that, with fluctuations in the rates of interest set forth in Section 2.1.1 of this Agreement, and the Maximum Rate, such an unintentional result could inadvertently occur. All monies paid to Agent or any Lender hereunder or under any of the other DIP Loan Documents, whether at maturity or by prepayment, shall be subject to any rebate of unearned Interest as and to the reduction extent required by Applicable Law. By the execution of this Agreement, each Borrower covenants that (i) the credit or return of any Excess shall constitute the acceptance by such Borrower of such Excess, and (ii) no Borrower shall seek or pursue any other remedy, legal or equitable, against Agent or any Lender, based in whole or in part upon contracting for, charging or receiving any Interest in excess of the principal balance owing under Maximum Rate. For the Note in the inverse order purpose of its maturity (determining whether or not then due) orany Excess has been contracted for, at the option of charged or received by Agent or any Lender, be paid over to Borrowerall Interest at any time contracted for, and not to charged or received from any or all Borrowers in connection with any of the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender DIP Loan Documents shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated and spread in equal parts throughout the full period until payment in full term of the principal balance of the Note so that the Interest thereon for such full period will not exceed Obligations. Borrowers, Agent and Lenders shall, to the maximum amount extent permitted under Applicable Law, (i) characterize any non-principal payment as an expense, fee or premium rather than as Interest and (ii) exclude voluntary prepayments and the effects thereof. The provisions of this Section 2.10 shall be deemed to be incorporated into every Loan Document (whether or not any provision of this Section is referred to therein). All such DIP Loan Documents and communications relating to any Interest owed by applicable law. This any or all Borrowers and all figures set forth therein shall, for the sole purpose of computing the extent of Obligations, be automatically recomputed by Borrowers, and by any court considering the same, to give effect to the adjustments or credits required by this Section will control all agreements between Borrower and Lender2.10.

Maximum Interest. The It is the intention of the parties hereto that each Bank shall conform strictly to usury laws applicable to it. Accordingly, if the transactions contemplated hereby would be usurious as to any Bank under laws applicable to it (including the laws of the United States of America and the State of Texas or any other jurisdiction whose laws may be mandatorily applicable to such Bank notwithstanding the other provisions of this Security Instrument and Agreement), then, in that event, notwithstanding anything to the contrary in any of the Loan Documents or any agreement entered into in connection with or as security for the Notes, it is agreed as follows: (i) the aggregate of all consideration which constitutes interest under law applicable to any Bank that is contracted for, taken, reserved, charged or received by such Bank under any of the Loan Documents or agreements between Borrower or otherwise in connection with the Notes shall under no circumstances exceed the maximum amount allowed by such applicable law, and Lenderany excess shall be cancelled automatically and if theretofore paid shall be credited by such Bank on the principal amount of the Obligations (or, whether now existing to the extent that the principal amount of the Obligations shall have been or hereafter arising and whether written or oralwould thereby be paid in full, are hereby expressly limited so refunded by such Bank to the Borrower); and (ii) in the event that in no contingency or event whatsoever, whether by reason of demand or acceleration of the maturity of the Note Notes is accelerated by reason of an election of the holder thereof resulting from any Event of Default under this Agreement or otherwise, shall or in the amount paidevent of any required or permitted prepayment, or agreed then such consideration that constitutes interest under law applicable to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (“Interest”) exceed any Bank may never include more than the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of allowed by such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, thenand excess interest, ipso factoif any, the obligation to be performed provided for in this Agreement or fulfilled otherwise shall be reduced to cancelled automatically by such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess Bank as of the maximum lawful amountdate of such acceleration or prepayment and, an amount equal to any excessive Interest if theretofore paid, shall be applied credited by such Bank on the principal amount of the Obligations (or, to the reduction extent that the principal amount of the principal balance owing under the Note in the inverse order of its maturity (whether Obligations shall have been or not then due) or, at the option of Lender, would thereby be paid over to Borrowerin full, and not refunded by such Bank to the payment of InterestBorrower). All Interest (including any amounts or payments deemed to be Interest) sums paid or agreed to be paid to Lender any Bank for the use, forbearance or detention of sums due hereunder shall, to the extent permitted by law applicable lawto such Bank, be amortized, prorated, allocated and spread throughout the full period term of the Loans evidenced by the Notes until payment in full of the principal balance of the Note so that the Interest thereon for such full period will rate or amount of interest on account of any Loans hereunder does not exceed the maximum amount permitted allowed by such applicable law. This If at any time and from time to time (i) the amount of interest payable to any Bank on any date shall be computed at the Highest Lawful Rate applicable to such Bank pursuant to this Section will control all agreements between Borrower 9.9 and Lender(ii) in respect of any subsequent interest computation period the amount of interest otherwise payable to such Bank would be less than the amount of interest payable to such Bank computed at the Highest Lawful Rate applicable to such Bank, then the amount of interest payable to such Bank in respect of such subsequent interest computation period shall continue to be computed at the Highest Lawful Rate applicable to such Bank until the total amount of interest payable to such Bank shall equal the total amount of interest which would have been payable to such Bank if the total amount of interest had been computed without giving effect to this Section 9.

Maximum Interest. The If, at any time, the rate of interest contracted for, and computed in the manner provided, in this Agreement (“Applicable Rate”), together with all fees and charges as provided for herein or in any other Loan Document (collectively, the “Charges”), which are treated as interest under applicable law, exceeds the maximum lawful rate (the “Maximum Rate”) allowed under applicable law, it is agreed that such contracting for, charging or receiving of such excess amount was an accidental and bona fide error and the provisions of this Security Instrument Section 3.8 will govern and control. The rate of interest payable hereunder, together with all agreements between Borrower and Lender, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the maturity of the Note or otherwiseCharges, shall be limited to the Maximum Rate; provided, however, that any subsequent reduction in the Base Rate shall not reduce the Applicable Rate below the Maximum Rate until the total amount paidof interest earned hereunder, or agreed to be paid to Lender for together with all Charges, equals the use, forbearance or retention total amount of the money loaned under the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, interest which would have accrued at the time performance or fulfillment of such provision shall be dueApplicable Rate if the Applicable Rate had at all times been in effect. If any payment hereunder, exceed for any reason, results in the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law Borrowers having paid interest in excess of the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender shall, to the extent that permitted by applicable law, then all excess amounts theretofore collected by the Lender shall be amortized, prorated, allocated and spread throughout the full period until payment in full of credited on the principal balance of the Note Obligations (or, if all sums owing hereunder have been paid in full, refunded to the Borrowers), and the amounts thereafter collectible hereunder shall immediately be deemed reduced, without the necessity of the execution of any new document, so that as to comply with applicable law and permit the Interest thereon recovery of the fullest amount otherwise called for such full period will not exceed the maximum amount permitted by applicable law. This Section will control all agreements between Borrower and Lenderhereunder.

Maximum Interest. The provisions Regardless of this Security Instrument and of all agreements between Borrower and Lenderany provision contained herein or therein, whether now existing the holder or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the maturity holders of the Note shall never be entitled to contract for, charge, receive, take, collect, reserve or otherwise, shall the amount paid, or agreed to be paid to Lender for the use, forbearance or retention of the money loaned under apply as interest on the Note (“Interest”) exceed the maximum any amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amountMaximum Rate, an and in the event the holder of the Note ever contracts for, charges, receives, takes, collects, reserves or applies as interest any such excess, such amount equal to any which would be deemed excessive Interest interest shall be applied to the reduction deemed a partial prepayment of the principal balance owing under on the Note and shall be treated thereunder as such; and if the Note is paid in the inverse order of its maturity (full, any remaining excess shall be promptly paid to Borrower. In determining whether or not then due) or, the interest paid or payable under any specific contingency exceeds interest at the option Maximum Rate, the holder of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender Note shall, to the extent permitted by under applicable law, be amortized(a) characterize any non-principal payment as an expense, proratedfee or premium rather than as interest, allocated (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate and spread the total amounts of interest throughout the full period until payment entire contemplated term of the Note; provided, however, if the unpaid principal balance thereof is paid and performed in full prior to the end of the principal balance full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds interest at the Maximum Rate, the holder thereof shall refund to Borrower the amount of such excess and, in such event, the holder thereof shall not be subject to any penalties provided by any laws for contracting for, charging, receiving, taking, collecting, reserving, or applying interest in excess of the Note so that the Interest thereon for such full period will not exceed the maximum amount permitted by applicable law. This Section will control all agreements between Borrower and LenderMaximum Rate.

Maximum Interest. The It is the intention of the parties hereto to conform strictly to applicable usury laws and, anything herein to the contrary notwithstanding, the obligations of the Borrower to each Lender under this Agreement shall be subject to the limitation that payments of interest shall not be required to the extent that receipt thereof would be contrary to provisions of law applicable to such Lender limiting rates of interest which may be charged or collected by such Lender. Accordingly, if the transactions contemplated hereby would be usurious under applicable law (including the Federal and state laws of the United States of America, or of any other jurisdiction whose laws may be mandatorily applicable) with respect to a Lender then, in that event, notwithstanding anything to the contrary in this Agreement, it is agreed as follows: (a) the provisions of this Security Instrument Section 4.11 shall govern and control; (b) the aggregate of all agreements between Borrower and Lenderconsideration which constitutes interest under applicable law that is contracted for, whether now existing charged or hereafter arising and whether written received under this Agreement, or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration under any of the maturity other aforesaid agreements or otherwise in connection with this Agreement by such Lender shall under no circumstances exceed the maximum amount of interest allowed by applicable law (such maximum lawful interest rate, if any, with respect to such Lender herein called the Note or otherwise"HIGHEST LAWFUL RATE"), and any excess shall be credited to the amount Borrower by such Lender (or, if such consideration shall have been paid in full, such excess promptly refunded to the Borrower); (c) all sums paid, or agreed to be paid paid, to such Lender for the use, forbearance or retention and detention of the money loaned under indebtedness of the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender hereunder shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full period term of such indebtedness until payment in full of the principal balance of the Note so that the Interest thereon for such actual rate of interest is uniform throughout the full period will not exceed term thereof; and (d) if at any time the maximum amount permitted by interest provided pursuant to Section 3.2 together with any other fees payable pursuant to this Agreement and deemed interest under applicable law. This , exceeds that amount which would have accrued at the Highest Lawful Rate, the amount of interest and any such fees to accrue to such Lender pursuant to this Agreement shall be limited, notwithstanding anything to the contrary in this Agreement to that amount which would have accrued at the Highest Lawful Rate, but any subsequent reductions, as applicable, shall not reduce the interest to accrue to such Lender pursuant to this Agreement below the Highest Lawful Rate until the total amount of interest accrued pursuant to this Agreement and such fees deemed to be interest equals the amount of interest which would have accrued to such Lender if a varying rate per annum equal to the interest provided pursuant to Section will control 3.2 had at all agreements between Borrower and Lendertimes been in effect, plus the amount of fees which would have been received but for the effect of this Section 4.11.

Maximum Interest. The provisions Regardless of any provision contained in this Security Instrument and Agreement or any of all agreements between Borrower and Lender, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that the other Loan Documents in no contingency or event whatsoeverwhatsoever shall the aggregate of all amounts deemed interest hereunder or under the Note and contracted for, whether charged or collected pursuant to the terms of this Agreement or pursuant to the Note exceed the highest rate permissible under any Applicable Law (including the maximum Applicable Formula Rate as defined in Tennessee Code Annotated 47-14-102, and, to the ▇▇▇▇▇t applicable, the provisions of Section 5197 of the Revised Statutes of the United States of America, as amended, 12 U.S.C. ss. 85, as amended). No agreements, conditions, provisions or stipulations contained in this Agreement or any of the other Loan Documents or the exercise by reason Lender of demand the right to accelerate the payment or acceleration of the maturity of all or any portion of the Note Obligations, or otherwisethe exercise of any option whatsoever contained in any of the Loan Documents, or the prepayment by Borrower of any of the Obligations, or the occurrence of any contingency whatsoever, shall the amount paidentitle Lender to charge or receive in any event, interest, or agreed any charges, amounts or fees deemed interest by Applicable Law (such interest, charges, amounts and fees referred to herein collectively as "Interest"), exceeding the Maximum Rate and in no event shall Borrower be paid obligated to Lender for pay Interest exceeding such Maximum Rate, and all agreements, conditions or stipulations, if any, which may in any event or contingency whatsoever operate to bind, obligate or compel Borrower to pay Interest exceeding the useMaximum Rate, forbearance shall be without binding force or retention effect, at law or in equity, to the extent only of the money loaned under the Note (“Interest”) exceed the maximum amount permissible under applicable lawexcess of Interest over such Maximum Rate. If, from If any circumstance whatsoever, performance Interest is charged or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law received in excess of the maximum lawful amountMaximum Rate ("Excess"), Borrower acknowledges and stipulates that any such charge or receipt shall be the result of an amount equal accident and bona fide error, and such Excess, to any excessive Interest the extent received, shall be applied first to reduce the principal then unpaid hereunder; then applied to reduce the other Obligations; and the balance, if any, returned to Borrower, it being the intent of the parties hereto not to enter at any time into a usurious or otherwise illegal relationship. The right to accelerate maturity of any of the Obligations does not include the right to accelerate any interest that has not otherwise accrued on the date of such acceleration, and Lender does not intend to collect any unearned interest in the event of any such acceleration. All monies paid to Lender hereunder or under any of the Loan Documents, whether at maturity or by prepayment, shall be subject to any rebate of unearned interest as and to the reduction extent required by Applicable Law. By the execution o this Agreement, Borrower covenants that (i) the credit or return of any Excess shall constitute the acceptance by Borrower of such Excess, and (ii) Borrower shall not seek or pursue any other remedy, legal or equitable, against Lender based in whole or in part upon contracting for, charging or receiving any Interest in excess of the principal balance owing under Maximum Rent. For the Note in the inverse order purpose of its maturity (determining whether or not then due) orany Excess has been contracted for, at the option of charged or received by Lender, be paid over to Borrowerall interest at any time contracted for, and not to the payment of Interest. All Interest (including any amounts charged or payments deemed to be Interest) paid or agreed to be paid to Lender received from Borrower in connection with this Agreement shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated and spread in equal parts throughout the full period until payment in full term of the principal balance of the Note so that the Interest thereon for such full period will not exceed Obligations. Borrower and Lender shall, to the maximum amount extent permitted under Applicable Law, (i) characterize any non-principal payment as an expense, fee or premium rather than as Interest and (ii) exclude voluntary prepayments and the effects thereof. The provisions of this Section shall be deemed to be incorporated into every Loan Document (whether or not any provisions of this Section is referred to therein). All such Loan Documents and communications relating to any Interest owed by applicable law. This Section will control all agreements between Borrower and Lenderall figures set forth therein shall, for the sole purpose of computing the extent of Obligations, be automatically recomputed by Borrower, and by any court considering the same, to give effect to the adjustments or credits required by this Section.

Maximum Interest. The It is the intention of the parties hereto to conform strictly to applicable usury laws and, anything herein to the contrary notwithstanding, the Obligations of the Borrower to each Lender under this Agreement shall be subject to the limitation that payments of interest shall not be required to the extent that receipt thereof would be contrary to provisions of law applicable to such Lender limiting rates of interest that may be charged or collected by such Lender. Accordingly, if the transactions contemplated hereby would be usurious under Applicable Law (including the Federal and state laws of the United States of America, or of any other jurisdiction whose laws may be mandatorily applicable) with respect to a Lender, then, in that event, notwithstanding anything to the contrary in this Agreement, it is agreed as follows: (a) the provisions of this Security Instrument Section 10.18 shall govern and control; (b) the aggregate of all agreements between Borrower and consideration that constitutes interest under Applicable Law that is contracted for, charged or received under this Agreement, or under any other Loan Document or otherwise in connection with this Agreement by such Lender shall under no circumstances exceed the Highest Lawful Rate with respect to such Lender, whether now existing or hereafter arising and whether written or oralany excess shall be credited to the Borrower by such Lender (or, are hereby expressly limited so that if such consideration shall have been paid in no contingency or event whatsoeverfull, whether by reason of demand or acceleration of such excess promptly refunded to the maturity of the Note or otherwise, shall the amount Borrower); (c) all sums paid, or agreed to be paid paid, to such Lender for the use, forbearance or retention and detention of the money loaned under indebtedness of the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender hereunder shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated and spread throughout the full period term of such indebtedness until payment in full of the principal balance of the Note so that the Interest actual rate of interest is uniform throughout the full term thereof; and (d) if at any time the interest provided pursuant to Section 3.2, together with any other fees and expenses payable pursuant to this Agreement and the other Loan Documents and deemed interest under Applicable Law, exceeds that amount that would have accrued at the Highest Lawful Rate, then the amount of interest and any such fees to accrue to such Lender pursuant to this Agreement shall be limited, notwithstanding anything to the contrary in this Agreement, to that amount that would have accrued at the Highest Lawful Rate, but any subsequent reductions, as applicable, shall not reduce the interest to accrue to such Lender pursuant to this Agreement below the Highest Lawful Rate until the total amount of interest accrued pursuant to this Agreement and such fees deemed to be interest equals the amount of interest that would have accrued to such Lender if a rate per annum equal to the interest provided pursuant to Section 3.2 had at all times been in effect, plus the amount of fees that would have been received but for the effect of this Section 10.18. In regards to the foregoing, in determining whether or not the interest paid or payable with respect to any Indebtedness of the Borrower to the Lenders, under any specified contingency, exceeds the Highest Lawful Rate, the Borrower and the Lenders shall, to the maximum extent permitted by Applicable Law, (i) characterize any non-principal payment as an expense, fee or premium rather than as interest, (ii) exclude voluntary prepayments and the effects thereof, (iii) amortize, prorate, allocate and spread the total amount of interest throughout the entire contemplated term of such Indebtedness so that interest thereon for such full period will does not exceed the maximum amount permitted by applicable lawApplicable Law, and (iv) allocate interest between portions of such Indebtedness, to the end that no such portion shall bear interest at a rate greater than that permitted by Applicable Law. This The right to accelerate the maturity of the this Loans under this Agreement and the other Obligations does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and the Lenders do not intend to charge or receive any unearned interest in the event of acceleration. In the event Applicable Law provides for an interest ceiling under Section will control all agreements between Borrower and Lender303 of the Texas Finance Code, that ceiling shall be the weekly ceiling.

Maximum Interest. The provisions Regardless of this Security Instrument and any provision contained in any of all agreements between Borrower and Lender---------------- the Loan Documents, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoeverwhatsoever shall the aggregate of all amounts that are contracted for, whether charged or received by reason Lender pursuant to the terms of demand any of the Loan Documents and that are deemed interest under Applicable Law exceed the highest rate permissible under any Applicable Law. No agreements, conditions, provisions or acceleration stipulations contained in any of the Loan Documents or the exercise by Lender of the right to accelerate the payment or the maturity of all or any portion of the Note Obligations, or otherwisethe exercise of any option whatsoever contained in any of the Loan Documents, or the prepayment by Borrower of any of the Obligations, or the occurrence of any contingency whatsoever, shall the amount paidentitle Lender to charge or receive in any event, interest or agreed any charges, amounts, premiums or fees deemed interest by Applicable Law (such interest, charges, amounts, premiums and fees referred to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (“herein collectively as "Interest”") exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amountMaximum Rate and in no event shall Borrower be obligated to pay Interest exceeding such Maximum Rate, and all agreements, conditions or stipulations, if any, which may in any event or contingency whatsoever operate to bind, obligate or compel Borrower to pay Interest exceeding the Maximum Rate shall be without binding force or effect, at law or in equity, to the extent only of the excess of Interest over such Maximum Rate. If any Interest is charged or received in excess of the Maximum Rate ("Excess"), Borrower acknowledges and stipulates that any such charge or receipt shall be the result of an amount equal accident and bona fide error, and such Excess, to any excessive Interest the extent received, shall be applied first to reduce the principal Obligations and the balance, if any, returned to Borrower, it being the intent of the parties hereto not to enter into a usurious or otherwise illegal relationship. The right to accelerate the maturity of any of the Obligations does not include the right to accelerate any interest that has not otherwise accrued on the date of such acceleration, and Lender does not intend to collect any unearned interest in the event of any such acceleration. Borrower recognizes that, with fluctuations in the rates of interest set forth in Section 3.1.1 of this Agreement and the Maximum Rate, such an unintentional result could inadvertently occur. All monies paid to Lender hereunder or under any of the other Loan Documents, whether at maturity or by prepayment, shall be subject to any rebate of unearned interest as and to the reduction extent required by Applicable Law. By the execution of this Agreement, Borrower covenants that (i) the credit or return of any Excess shall constitute the acceptance by Borrower of such Excess, and (ii) Borrower shall not seek or pursue any other remedy, legal or equitable, against Lender, based in whole or in part upon contracting for, charging or receiving any Interest in excess of the principal balance owing under Maximum Rate. For the Note in the inverse order purpose of its maturity (determining whether or not then due) orany Excess has been contracted for, at the option of charged or received by Lender, be paid over to Borrowerall interest at any time contracted for, and not to charged or received from Borrower in connection with any of the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender Loan Documents shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated and spread in equal parts throughout the full period until payment in full term of the principal balance of the Note so that the Interest thereon for such full period will not exceed Obligations. Borrower and Lender shall, to the maximum amount extent permitted under Applicable Law, (i) characterize any non-principal payment as an expense, fee or premium rather than as Interest and (ii) exclude voluntary prepayments and the effects thereof. The provisions of this Section shall be deemed to be incorporated into every Loan Document (whether or not any provision of this Section is referred to therein). All such Loan Documents and communications relating to any Interest owed by applicable law. This Section will control all agreements between Borrower and Lenderall figures set forth therein shall, for the sole purpose of computing the extent of Obligations, be automatically recomputed by Borrower, and by any court considering the same, to give effect to the adjustments or credits required by this Section 3.6.

Maximum Interest. The provisions Regardless of this Security Instrument and any provision contained in any of all agreements between Borrower and Lenderthe Loan Documents, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoeverwhatsoever shall the aggregate of all amounts that are contracted for, whether charged or received by reason Agent and Lenders pursuant to the terms of demand this Agreement or acceleration any of the other Loan Documents and that are deemed interest under Applicable Law exceed the highest rate permissible under any Applicable Law. No agreements, conditions, provisions or stipulations contained in this Agreement or any of the other Loan Documents or the exercise by Agent of the right to accelerate the payment or the maturity of all or any portion of the Note Obligations, or otherwisethe exercise of any option whatsoever contained in any of the Loan Documents, or the prepayment by Borrowers of any of the Obligations, or the occurrence of any contingency whatsoever, shall the amount paidentitle Agent or any Lender to charge or receive in any event, interest or agreed any charges, amounts, premiums or fees deemed interest by Applicable Law (such interest, charges, amounts, premiums and fees referred to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (“herein collectively as "Interest”") exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amountMaximum Rate and in no event shall Borrowers be obligated to pay Interest exceeding such Maximum Rate; and all agreements, conditions or stipulations, if any, which may in any event or contingency whatsoever operate to bind, obligate or compel Borrowers to pay Interest exceeding the Maximum Rate shall be without binding force or effect, at law or in equity, to the extent only of the excess of Interest over such Maximum Rate. If any Interest is charged or received in excess of the Maximum Rate ("Excess"), each Borrower acknowledges and stipulates that any such charge or receipt shall be the result of an amount equal accident and bona fide error, and such Excess, to any excessive Interest the extent received, shall be applied first to reduce the principal Obligations and the balance, if any, returned to Borrowers, it being the intent of the parties hereto not to enter into a usurious or otherwise illegal relationship. The right to accelerate the maturity of any of the Obligations does not include the right to accelerate any Interest that has not otherwise accrued on the date of such acceleration, and Agent and Lenders do not intend to collect any unearned Interest in the event of any such acceleration. Each Borrower recognizes that, with fluctuations in the rates of interest set forth in Section 2.1.1 of this Agreement, and the Maximum Rate, such an unintentional result could inadvertently occur. All monies paid to Agent or any Lender hereunder or under any of the other Loan Documents, whether at maturity or by prepayment, shall be subject to any rebate of unearned Interest as and to the reduction extent required by Applicable Law. By the execution of this Agreement, each Borrower covenants that (i) the credit or return of any Excess shall constitute the acceptance by such Borrower of such Excess, and (ii) such Borrower shall not seek or pursue any other remedy, legal or equitable, against Agent or any Lender, based in whole or in part upon contracting for, charging or receiving any Interest in excess of the principal balance owing under Maximum Rate. For the Note in the inverse order purpose of its maturity (determining whether or not then due) orany Excess has been contracted for, at the option of charged or received by Agent or any Lender, be paid over to Borrowerall Interest at any time contracted for, and not to charged or received from Borrowers in connection with any of the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender Loan Documents shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated and spread in equal parts throughout the full period until payment in full term of the principal balance of the Note so that the Interest thereon for such full period will not exceed Obligations. Borrowers, Agent and Lenders shall, to the maximum amount extent permitted under Applicable Law, (i) characterize any non-principal payment as an expense, fee or premium rather than as Interest and (ii) exclude voluntary prepayments and the effects thereof. The provisions of this Section 2.10 shall be deemed to be incorporated into every Loan Document (whether or not any provision of this Section is referred to therein). All such Loan Documents and communications relating to any Interest owed by applicable law. This Borrowers and all figures set forth therein shall, for the sole purpose of computing the extent of Obligations, be automatically recomputed by Borrowers, and by any court considering the same, to give effect to the adjustments or credits required by this Section will control all agreements between Borrower and Lender2.10.

Maximum Interest. The provisions of (A) Notwithstanding anything to the contrary in this Security Instrument and of all agreements between Borrower and Lender, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the maturity of the Note Agreement or otherwise, shall (i) if at any time the amount paid, of interest computed on the basis of an Applicable Annual Rate or agreed to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (“Interest”) a Default Rate would exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed interest computed upon the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess basis of the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction rate of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender shall, to the extent interest permitted by applicable state or federal law in effect from time to time hereafter (the "MAXIMUM LEGAL RATE"), the interest payable under this Agreement shall be computed upon the basis of the Maximum Legal Rate, but any subsequent reduction in such Applicable Annual Rate or Default Rate, as applicable, shall not reduce such interest thereafter payable hereunder below the amount computed on the basis of the Maximum Legal Rate until the aggregate amount of such interest accrued and payable under this Agreement equals the total amount of interest which would have accrued if such interest had been at all times computed solely on the basis of an Applicable Annual Rate or Default Rate, as applicable; and (ii) unless preempted by federal law, be amortizedan Applicable Annual Rate or Default Rate, proratedas applicable, allocated and spread throughout the full period until payment from time to time in full of the principal balance of the Note so that the Interest thereon for such full period will effect hereunder may not exceed the maximum amount permitted "weekly ceiling" from time to time in effect under Chapter 303 of the Texas Finance Code. If the applicable state or federal law is amended in the future to allow a greater rate of interest to be charged under this Agreement than is presently allowed by applicable state or federal law. This Section will control , then the limitation of interest hereunder shall be increased to the maximum rate of interest allowed by applicable state or federal law as amended, which increase shall be effective hereunder on the effective date of such amendment, and all agreements between Borrower and Lenderinterest charges owing to Lender by reason thereof shall be payable in accordance with SECTION 3.2.2 hereof.

Maximum Interest. The It is the intention of the parties hereto to conform strictly to applicable usury laws and, anything herein to the contrary notwithstanding, the obligations of the Borrower to each Lender under this Agreement shall be subject to the limitation that payments of interest shall not be required to the extent that receipt thereof would be contrary to provisions of law applicable to such Lender limiting rates of interest which may be charged or collected by such Lender. Accordingly, if the transactions contemplated hereby would be usurious under applicable law (including the Federal and state laws of the United States of America, or of any other jurisdiction whose laws may be mandatorily applicable) with respect to a Lender then, in that event, notwithstanding anything to the contrary in this Agreement, it is agreed as follows: (a) the provisions of this Security Instrument Section 4.12 shall govern and control; (b) the aggregate of all agreements between Borrower and Lenderconsideration which constitutes interest under applicable law that is contracted for, whether now existing charged or hereafter arising and whether written received under this Agreement, or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration under any of the maturity other aforesaid agreements or otherwise in connection with this Agreement by such Lender shall under no circumstances exceed the maximum amount of interest allowed by applicable law (such maximum lawful interest rate, if any, with respect to such Lender herein called the Note or otherwise"Highest Lawful Rate"), and any excess shall be credited to the amount Borrower by such Lender (or, if such consideration shall have been paid in full, such excess refunded to the Borrower); (c) all sums paid, or agreed to be paid paid, to such Lender for the use, forbearance or retention and detention of the money loaned under Indebtedness of the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender hereunder shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full period term of such Indebtedness until payment in full of the principal balance of the Note so that the Interest thereon for such full period will not exceed the maximum amount permitted by applicable law. This Section will control all agreements between Borrower and Lender.full

Maximum Interest. The provisions of this Security Instrument Mortgage and of all agreements between Borrower and Lender, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the maturity of the Note or otherwise, shall the amount paid, or agreed to be paid (“Interest”) to Lender for the use, forbearance forbearance, retention or retention detention of the money loaned under the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, then ipso facto, facto the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, or at the option of Lender, Lender be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments judicially or otherwise under law deemed to be Interest) contracted for, charged, taken, reserved, 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 period term of the Note, including any extensions and renewals thereof until payment in full of the principal balance of the Note so that the Interest thereon for such full period term will not at any time exceed the maximum amount permitted by applicable law. This Section will control all agreements between Borrower and Lender.

Maximum Interest. It is the intention of the parties hereto to comply with applicable usury laws. The provisions parties hereto do not intend to contract for, charge or receive any interest or other charge which is usurious, and by execution of this Security Instrument Agreement, the Borrower agrees that the Banks have no such intent. This Agreement, and of all other agreements between the Borrower and Lender, whether the Banks which are now existing or hereafter arising and arising, whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the maturity of the Note Notes, or otherwise, shall the amount paid, or agreed to be paid paid, to Lender the Banks for the use, forbearance or retention detention of the money loaned under to be due hereunder or otherwise, or for the Note (“Interest”) payment or performance of any covenant or obligation contained herein or in any other document evidencing, securing, or pertaining to the indebtedness evidenced by the Notes, exceed the maximum amount permissible under Maximum Rate. The term "Maximum Rate," as used herein, shall mean, on any day, the highest non-usurious rate of interest (if any) permitted by applicable lawlaw on such day. If, If from any circumstance whatsoever, performance or whatsoever fulfillment of any provision provisions hereof or of any agreement between Borrower and Lender shallother document, at the time performance or fulfillment of such provision provisions shall be due, exceed shall involve transcending the limit for Interest valid limits prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limitthe Maximum Rate, and if, if from any such circumstance whatsoever, Lender the Banks shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amount, as interest or otherwise an amount equal to any which will exceed the Maximum Rate, such amount which would be excessive Interest interest shall be applied to the reduction of the principal balance amount owing under the Note in Notes or on account of any other principal indebtedness of the inverse order of its maturity (whether or not then due) or, at Borrower to the option of Lender, be paid over to Borrower, Banks and not to the payment of Interestinterest, or if such excessive interest exceeds the unpaid balance of principal of the Notes and such other indebtedness, such excess shall be refunded to the Borrower. All Interest (including any amounts or payments deemed to be Interest) sums paid or and agreed to be paid to Lender the Banks for use, forbearance or detention of the indebtedness of the Borrower shall, to the extent permitted by applicable law, be amortized, prorated, allocated allocated, and spread throughout the full period until payment in full of on the principal balance of the Note Notes (or any renewals, extensions and rearrangements thereof) so that the Interest thereon for such full period will actual rate of interest on account of the indebtedness evidenced by the Notes is uniform throughout the terms thereof (and all renewals, extensions and rearrangements thereof) and does not exceed the maximum amount permitted by applicable lawMaximum Rate. This Section will The terms and provisions of this paragraph shall control all agreements between Borrower and Lendersupersede any other provision of this Agreement.

Maximum Interest. The It is the intention of the parties hereto to conform strictly to applicable usury laws and, anything herein to the contrary notwithstanding, the obligations of the Borrower to the Lenders under this Agreement, the Loan Documents and any other document or instrument executed in connection herewith or therewith, shall be subject to the limitation that payments of interest or of other amounts constituting interest under applicable law to a Lender shall not be required to the extent that receipt thereof would be in excess of the Highest Lawful Rate, or otherwise contrary to provisions of law applicable to such Lender limiting rates of interest which may be charged or collected by such Lender. Accordingly, if the transactions or the amount paid or otherwise agreed to be paid for the use, forbearance or detention of money under this Agreement, the Loan Documents and any other document or instrument executed in connection herewith or therewith would exceed the Highest Lawful Rate or otherwise be usurious under applicable law (including the federal and state laws of the United States of America, or of any other jurisdiction whose laws may be mandatorily applicable) with respect to any Lender then, in that event, notwithstanding anything to the contrary in this Agreement or the Loan Documents and any other document or instrument executed in connection herewith or therewith, it is agreed as follows as to such Lender: (a) in respect to such Lender, the provisions of this Security Instrument Section 3.3.5 shall govern and control over any other provision in this Agreement, the Loan Documents and any other document or instrument executed in connection herewith or therewith and each provision set forth therein is hereby so limited; (b) the aggregate of all agreements between Borrower and Lenderconsideration which constitutes interest under applicable law that is contracted for, whether now existing charged or hereafter arising and whether written received under this Agreement, or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration under any of the maturity other aforesaid agreements or otherwise in connection with this Agreement by such Lender shall under no circumstances exceed the maximum amount of interest allowed by applicable law (such maximum lawful interest rate, if any, with respect to such Lender herein called the "Highest Lawful Rate"), and all amounts owed under this Agreement, the Loan Documents and any other document or instrument executed in connection herewith or therewith shall be held subject to reduction and (i) the amount of interest which would otherwise be payable to such Lender hereunder and under the Loan Documents and any other document or instrument executed in connection herewith or therewith, shall be automatically reduced to the amount allowed under applicable law and (ii) any unearned interest paid by the Borrower in excess of the Note or otherwiseHighest Lawful Rate shall be credited to the Borrower by such Lender (or, if such consideration shall have been paid in full, refunded to the amount Borrower); (c) all sums paid, or agreed to be paid paid, to such Lender for the use, forbearance or retention and detention of the money loaned under indebtedness of the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender hereunder shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full period term of such indebtedness until payment in full of the principal balance of the Note so that the Interest thereon actual rate of interest is uniform throughout the full term thereof; (d) if at any time the interest provided pursuant to Sections 3.3.1 or 3.3.2, as the case may be, together with any other fees payable pursuant to or in connection with this Agreement and deemed interest under applicable law, with respect to any Lender exceeds that amount which would have accrued at the Highest Lawful Rate, the amount of interest and any such fees to accrue to such Lender pursuant to this Agreement shall be limited, notwithstanding anything to the contrary in this Agreement to that amount which would have accrued at the Highest Lawful Rate for such full period will Lender, but any subsequent reductions, as applicable, shall not exceed reduce the maximum interest to accrue pursuant to this Agreement below such Lender's Highest Lawful Rate until the total amount permitted by applicable law. This of interest payable to such Lender (including all consideration which constitutes interest) equals the amount of interest which would have been payable to such Lender (including all consideration which constitutes interest) assuming a varying rate per annum equal to the interest provided pursuant to Sections 3.3.1 and 3.3.2 at all times in effect, plus the amount of fees which would have been received but for the effect of this Section will control all agreements between Borrower and Lender3.3.

Maximum Interest. The provisions Regardless of any provision contained in this Agreement or any of the Loan Documents, in no event shall the aggregate of all amounts that are contracted for, charged or collected pursuant to the terms of this Security Instrument Agreement, the Secured Note or any of the Loan Documents, and that are deemed interest under Applicable Law, exceed the Maximum Rate. No provision of all agreements between Borrower and Lender, whether now existing this Agreement or hereafter arising and whether written in any of the Loan Documents or oral, are hereby expressly limited so that in no the exercise by Lender of any right hereunder or under any Loan Document or the prepayment by Obligors of any of the Obligations or the occurrence of any contingency or event whatsoever, whether by reason of demand shall entitle Lender to charge or acceleration of the maturity of the Note or otherwise, shall the amount paidreceive, or agreed to be paid require Obligors to Lender for the usepay, forbearance interest or retention of the money loaned under the Note any amounts deemed interest by Applicable Law (such amounts being referred to herein collectively as “Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amountMaximum Rate, an amount equal and all provisions hereof or in any Loan Document which may purport to any excessive require Obligors to pay Interest exceeding the Maximum Rate shall be applied without binding force or effect to the reduction extent only of the principal balance owing under excess of Interest over such Maximum Rate. Any Interest charged or received in excess of the Note in Maximum Rate (“Excess”), shall be conclusively presumed to be the inverse order result of its maturity (whether or not then due) oran accident and bona fide error, and shall, to the extent received by Lender, at the option of Lender, either be paid over applied to Borrowerreduce the principal amount of the Obligations or returned to Obligors. The right to accelerate the maturity of any of the Obligations does not include the right to accelerate unaccrued interest, and not to the payment of Interestno such interest will be collected by Lender. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be monies paid to Lender hereunder or under any of the Loan Documents shall be subject to any rebate of unearned interest as and to the extent required by Applicable Law. By the execution of this Agreement, each Obligor covenants that (i) the credit or return of any Excess shall constitute the acceptance by Obligor of such Excess, and (ii) each Obligor shall not seek or pursue any other remedy, legal or equitable, against Lender, based in whole or in part upon contracting for, charging or receiving any Interest in excess of the Maximum Rate. For the purpose of determining whether or not any Excess has been contracted for, charged or received by Lender, all interest at any time contracted for, charged or received from Obligor in connection with this Agreement shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated and spread in equal parts throughout the full period until payment in full term of the principal balance of the Note so that the Interest thereon for such full period will not exceed Obligations. Each Obligor and Lender shall, to the maximum amount extent permitted by applicable lawunder Applicable Law, (i) characterize any non-principal payment as an expense, fee or premium rather than as interest and (ii) exclude voluntary prepayments and the effects thereof. This The provisions of this Section will control all agreements between Borrower shall be deemed to be incorporated into the Secured Note and Lendereach Loan Document (whether or not any provision of this Section is referred to therein).

Maximum Interest. The provisions Regardless of this Security Instrument and any provision contained in any of all agreements between Borrower and Lenderthe Loan Documents, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoeverwhatsoever shall the aggregate of all amounts that are contracted for, whether charged or received by reason Agent or any Lender pursuant to the terms of demand this Agreement or acceleration any of the other Loan Documents and that are deemed interest under Applicable Law exceed the highest rate permissible under any Applicable Law (the “Maximum Rate”). No agreements, conditions, provisions or stipulations contained in this Agreement or any of the other Loan Documents or the exercise by Agent of the right to accelerate the payment or the maturity of all or any portion of the Note Obligations, or otherwisethe exercise of any option whatsoever contained in any of the Loan Documents, or the prepayment by any Obligor of any of the Obligations, or the occurrence of any contingency whatsoever, shall the amount paidentitle Agent or Lenders to charge or receive in any event, interest or agreed any charges, amounts, premiums or fees deemed interest by Applicable Law (such interest, charges, amounts, premiums and fees referred to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (herein collectively as “Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amountMaximum Rate and in no event shall any Obligor be obligated to pay Interest exceeding such Maximum Rate, and all agreements, conditions or stipulations, if any, which may in any event or contingency whatsoever operate to bind, obligate or compel any Obligor to pay Interest exceeding the Maximum Rate shall be without binding force or effect, at law or in equity, to the extent only of the excess of Interest over such Maximum Rate. If any Interest is charged or received with respect to the Obligations in excess of the Maximum Rate (“Excess”), each Obligor stipulates that any such charge or receipt shall be the result of an amount equal accident and bona fide error, and such Excess, to any excessive Interest the extent received, shall be applied first to reduce the principal Obligations and the balance, if any, returned to the reduction Obligors, it being the intent of the principal balance owing under parties hereto not to enter into an usurious or otherwise illegal relationship. The right to accelerate the Note maturity of any of the Obligations does not include the right to accelerate any Interest that has not otherwise accrued on the date of such acceleration, and neither Agent nor any Lender intends to collect any unearned Interest in the inverse order event of its any such acceleration. Each Obligor recognizes that, with fluctuations in the rates of interest set forth in this Agreement, and the Maximum Rate, such an unintentional result could inadvertently occur. All monies paid to Agent or any Lender hereunder or under any of the other Loan Documents, whether at maturity or by prepayment, shall be subject to any rebate of unearned Interest as and to the extent required by Applicable Law. By the execution of this Agreement, each Obligor covenants that (i) the credit or return of any Excess shall constitute the acceptance by each Obligor of such Excess, and (ii) each Obligor shall not seek or pursue any other remedy, legal or equitable, against Agent or any Lender, based in whole or in part upon contracting for, charging or receiving any Interest in excess of the Maximum Rate. For the purpose of determining whether or not then due) orany Excess has been contracted for, at the option of charged or received by Agent or any Lender, be paid over to Borrowerall Interest at any time contracted for, and not to charged or received from any Obligor in connection with any of the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender Loan Documents shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated and spread in equal parts throughout the full period until payment in full term of the principal balance of the Note so that the Interest thereon for such full period will not exceed Obligations. Obligors, Agent and Lenders shall, to the maximum amount extent permitted by applicable law. This Section will control all agreements between Borrower and Lender.under Applicable Law, (i) characterize any non-principal payment as an expense, fee or premium

Maximum Interest. The provisions of this Security Instrument Agreement and of all agreements other Loan Documents between Borrower and LenderLenders, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the maturity of the Note Notes or otherwise, shall the amount paid, or agreed to be paid (“Interest”), to Lender Lenders for the use, forbearance or retention of the money loaned under the Note (“Interest”) Notes exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender Lenders shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender Lenders shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction of the principal balance owing under the a Note in the inverse order of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender Lenders shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full period until payment in full of the principal balance of the Note Notes so that the Interest thereon for such full period will not exceed the maximum amount permitted by applicable law. This Section will control all agreements between Borrower and LenderLenders.

Maximum Interest. The provisions of this Security Instrument Agreement and of all agreements other Loan Documents between Borrower and Lender, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the maturity of the Note or otherwise, shall the amount paid, or agreed to be paid ("Interest"), to Lender for the use, forbearance or retention of the money loaned under the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be 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 period until payment in full of the principal balance of the Note so that the Interest thereon for such full period will not exceed the maximum amount permitted by applicable law. This Section will control all agreements between Borrower and Lender.

Maximum Interest. The provisions Regardless of any provision contained in this Security Instrument and Agreement or any of all agreements between Borrower and Lenderthe other DIP Financing Documents, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoeverwhatsoever shall the aggregate of all amounts that are contracted for, whether charged or received by reason Lender pursuant to the terms of demand this Agreement or acceleration any of the other DIP Financing Documents and that are deemed interest under Applicable Law exceed the highest rate permissible under any Applicable Law. No agreements, conditions, provisions or stipulations contained in this Agreement or any of the other DIP Financing Documents or the exercise by Lender of the right to accelerate the payment or the maturity of all or any portion of the Note Obligations, or otherwisethe exercise of any option whatsoever contained in any of the DIP Financing Documents, or the prepayment by Borrower of any of the Obligations, or the occurrence of any contingency whatsoever, shall the amount paidentitle Lender to charge or receive in any event, interest or agreed any charges, amounts, premiums or fees deemed interest by Applicable Law (such interest, charges, amounts, premiums and fees referred to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (herein collectively as “Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amountMaximum Rate and in no event shall Borrower be obligated to pay Interest exceeding such Maximum Rate, and all agreements, conditions or stipulations, if any, which may in any event or contingency whatsoever operate to bind, obligate or compel Borrower to pay Interest exceeding the Maximum Rate shall be without binding force or effect, at law or in equity, to the extent only of the excess of Interest over such Maximum Rate. If any Interest is charged or received in excess of the Maximum Rate (“Excess”), Borrower acknowledges and stipulates that any such charge or receipt shall be the result of an amount equal accident and bona fide error, and such Excess, to any excessive Interest the extent received, shall be applied first to reduce the principal Obligations and the balance, if any, returned to Borrower, it being the intent of the parties hereto not to enter into a usurious or otherwise illegal relationship. The right to accelerate the maturity of any of the Obligations does not include the right to accelerate any interest that has not otherwise accrued on the date of such acceleration, and Lender does not intend to collect any unearned interest in the event of any such acceleration. Borrower recognizes that, with fluctuations in the rates of interest set forth in Section 2.1.1 of this Agreement, and the Maximum Rate, such an unintentional result could inadvertently occur. All monies paid to Lender hereunder or under any of the other DIP Financing Documents, whether at maturity or by prepayment, shall be subject to any rebate of unearned interest as and to the reduction extent required by Applicable Law. By the execution of this Agreement, Borrower covenants that (i) the credit or return of any Excess shall constitute the acceptance by Borrower of such Excess, and (ii) Borrower shall not seek or pursue any other remedy, legal or equitable, against Lender, based in whole or in part upon contracting for, charging or receiving any Interest in excess of the principal balance owing under Maximum Rate. For the Note in the inverse order purpose of its maturity (determining whether or not then due) orany Excess has been contracted for, at the option of charged or received by Lender, be paid over to Borrowerall interest at any time contracted for, and not to charged or received from Borrower in connection with any of the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender DIP Financing Documents shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated and spread in equal parts throughout the full period until payment in full term of the principal balance of the Note so that the Interest thereon for such full period will not exceed Obligations. Borrower and Lender shall, to the maximum amount extent permitted under Applicable Law, (i) characterize any non-principal payment as an expense, fee or premium rather than as Interest and (ii) exclude voluntary prepayments and the effects thereof. The provisions of this Section 2.6 shall be deemed to be incorporated into every DIP Financing Document (whether or not any provision of this Section is referred to therein). All such DIP Financing Documents and communications relating to any Interest owed by applicable law. This Borrower, and all figures set forth therein shall, for the sole purpose of computing the extent of Obligations, be automatically recomputed by Borrower, and by any court considering the same, to give effect to the adjustments or credits required by this Section will control all agreements between Borrower and Lender2.6.

Maximum Interest. The provisions Regardless of this Security Instrument and of all agreements between Borrower and Lenderany provision contained in any Loan Document, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever shall the aggregate of all amounts that are contracted for, charged or received by Lender pursuant to any Loan Document and that are deemed interest under applicable law exceed the highest rate permissible under any applicable law (the "Maximum Rate"). No agreements, conditions, provisions or stipulations contained in any Loan Documents or the exercise by Lender of the right to accelerate the payment or the maturity of all or any portion of the Obligations or the exercise of any other option whatsoever in any of the Loan Documents, or the prepayment by Borrower of any of the Obligations, or the occurrence of any contingency whatsoever, whether shall entitle Lender to charge or receive, in any event, interest or charges, amounts, premiums or fees deemed interest by reason applicable law (such interest, charges, amounts, premiums and fees referred to collectively as "Interest") in excess of demand the Maximum Rate, and no Obligor shall be obligated to pay Interest exceeding such Maximum Rate, and all agreements, conditions, or acceleration stipulations, if any, that may operate to bind, obligate or compel any Obligor to pay Interest exceeding the Maximum Rate shall be without binding force or effect, at law or in equity, to the extent only of the excess of Interest over such Maximum Rate. If any Interest is charged or received in excess of the Maximum Rate ("Excess"), Borrower acknowledges and stipulates that any such charge or receipt shall be the result of an accident and bona fide error, and such Excess, to the extent received, shall be, at Borrower's option, returned to Borrower forthwith or credited as a payment of principal, but shall not be applied to the payment of interest applied, it being the intent of the parties hereto not to enter into a usurious or other illegal relationship. The right to accelerate the maturity of the Note or otherwiseObligations does not include the right to accelerate any interest that has not otherwise accrued on the date of such acceleration, shall and Lender does not intend to collect any unearned interest in the amount paid, or agreed to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment event of any provision hereof or such acceleration. For the purpose of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction of the principal balance owing under the Note in the inverse order of its maturity (determining whether or not then due) orany Excess has been contracted for, at the option of charged or received by Lender, be paid over to Borrowerall Interest at any time contracted for, and not to charged or received from Borrower in connection with any of the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender Loan Documents shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread in equal parts throughout the full period until payment in full term of the principal balance Obligations. The provisions of the Note so that the Interest thereon for such full period will this Section shall be deemed to be incorporated into every Loan Document (whether or not exceed the maximum amount permitted by applicable law. This any provision of this Section will control all agreements between Borrower and Lenderis referred to therein).

Maximum Interest. The provisions Regardless of any provision contained in this Security Instrument and Agreement or any of all agreements between Borrower and Lenderthe other Loan Documents, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoeverwhatsoever shall the aggregate of all amounts that are contracted for, whether charged or received by reason Agent and Lenders pursuant to the terms of demand this Agreement or acceleration any of the other Loan Documents and that are deemed interest under Applicable Law exceed the highest rate permissible under any Applicable Law. No agreements, conditions, provisions or stipulations contained in this Agreement or any of the other Loan Documents or the exercise by Agent of the right to accelerate the payment or the maturity of all or any portion of the Note Obligations, or otherwisethe exercise of any option whatsoever contained in any of the Loan Documents, or the prepayment by Borrower of any of the Obligations, or the occurrence of any contingency whatsoever, shall the amount paidentitle Agent or any Lender to charge or receive in any event, interest or agreed any charges, amounts, premiums or fees deemed interest by Applicable Law (such interest, charges, amounts, premiums and fees referred to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (“herein collectively as "Interest”") exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amountMaximum Rate and in no event shall Borrower be obligated to pay Interest exceeding such Maximum Rate, and all agreements, conditions or stipulations, if any, which may in any event or contingency whatsoever operate to bind, obligate or compel Borrower to pay Interest exceeding the Maximum Rate shall be without binding force or effect, at law or in equity, to the extent only of the excess of Interest over such Maximum Rate. If any Interest is charged or received in excess of the Maximum Rate ("Excess"), Borrower acknowledges and stipulates that any such charge or receipt shall be the result of an amount equal accident and bona fide error, and such Excess, to any excessive Interest the extent received, shall be applied first to reduce the principal Obligations and the balance, if any, returned to Borrower, it being the intent of the parties hereto not to enter into a usurious or otherwise illegal relationship. The right to accelerate the maturity of any of the Obligations does not include the right to accelerate any interest that has not otherwise accrued on the date of such acceleration, and Agent and Lenders do not intend to collect any unearned interest in the event of any such acceleration. Borrower recognizes that, with fluctuations in the rates of interest set forth in Section 3.1.1 of this Agreement, and the Maximum Rate, such an unintentional result could inadvertently occur. All monies paid to Agent or any Lender hereunder or under any of the other Loan Documents, whether at maturity or by prepayment, shall be subject to any rebate of unearned interest as and to the reduction extent required by Applicable Law. By the execution of this Agreement, Borrower covenants that (i) the credit or return of any Excess shall constitute the acceptance by Borrower of such Excess, and (ii) Borrower shall not seek or pursue any other remedy, legal or equitable, against Agent or any Lender, based in whole or in part upon contracting for, charging or receiving any Interest in excess of the principal balance owing under Maximum Rate. For the Note in the inverse order purpose of its maturity (determining whether or not then due) orany Excess has been contracted for, at the option of charged or received by Agent or any Lender, be paid over to Borrowerall interest at any time contracted for, and not to charged or received from Borrower in connection with any of the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender Loan Documents shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated and spread in equal parts throughout the full period until payment in full term of the principal balance of the Note so that the Interest thereon for such full period will not exceed Obligations. Borrower, Agent and Lenders shall, to the maximum amount extent permitted under Applicable Law, (i) characterize any non-principal payment as an expense, fee or premium rather than as Interest and (ii) exclude voluntary prepayments and the effects thereof. The provisions of this Section 3.10 shall be deemed to be incorporated into every Loan Document (whether or not any provision of this Section is referred to therein). All such Loan Documents and communications relating to any Interest owed by applicable law. This Section will control all agreements between Borrower and Lender.all figures set forth therein shall, for the sole purpose of computing the extent of Obligations, be automatically recomputed by Borrower, and by any court considering the same, to give effect to the adjustments or credits required by this Section 3.10. SECTION 4. LOAN ADMINISTRATION

Maximum Interest. The provisions of this Security Instrument Deed of Trust and of all ---------------- agreements between Borrower Grantor and LenderBeneficiary, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the maturity of the Note or otherwise, shall the amount contracted for, charged, taken, reserved, paid, or agreed to be paid ("Interest") to Lender Beneficiary for the -------- use, forbearance or retention detention of the money loaned under the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower Grantor and Lender Beneficiary shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, then ipso facto, facto the obligation to be performed or fulfilled ---- ----- shall be reduced to such limit, and if, from any circumstance whatsoever, Lender Beneficiary shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, or at the option of Lender, Beneficiary be paid over to BorrowerGrantor, and not to the payment of Interest. All Interest (including any amounts or payments judicially or otherwise under law deemed to be Interest) contracted for, charged, taken, reserved, paid or agreed to be paid to Lender Beneficiary shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full period term of the Note, including any extensions and renewals thereof until payment in full of the principal balance of the Note so that the Interest thereon for such full period term will not exceed at any time the maximum amount permitted by applicable law. To the extent that Beneficiary is relying on Article 5069-1.04, as amended, of the Revised Civil Statutes of Texas to determine the maximum amount of Interest permitted by applicable law on the principal of the Note, Beneficiary will utilize the indicated (weekly) rate ceiling from time to time in effect as provided in Article 5069-1.04, as amended. To the extent United States federal law permits a greater amount of interest than is permitted under Texas law, Beneficiary will rely on United States federal law instead of said Article 5069-1.04 for the purpose of determining the maximum amount permitted by applicable law. Additionally, to the extent permitted by applicable law now or hereafter in effect, Beneficiary may, at its option and from time to time, implement any other method of computing the maximum lawful rate under Article 5069-1.04, as amended, or under other applicable law by giving notice, if required, to Grantor as provided by applicable law now or hereafter in effect. In no event shall the provisions of ▇▇▇▇, ▇▇. 15 of the Revised Civil Statutes of Texas (which regulates certain revolving credit loan accounts and revolving tri-party accounts) apply to the indebtedness evidenced hereby. This Section paragraph will control all agreements between Borrower Grantor and LenderBeneficiary.

Maximum Interest. The It is the intention of the parties hereto to conform strictly to applicable usury laws and, anything herein to the contrary notwithstanding, the obligations of the Borrower to the Lenders under this Agreement, the other Loan Documents and any other document or instrument executed in connection herewith or therewith, shall be subject to the limitation that payments of interest or of other amounts constituting interest under applicable law to a Lender shall not be required to the extent that receipt thereof would be in excess of the Highest Lawful Rate, or otherwise contrary to provisions of law applicable to such Lender limiting rates of interest which may be charged or collected by such Lender. Accordingly, if the transactions or the amount paid or otherwise agreed to be paid for the use, forbearance or detention of money under this Agreement, the other Loan Documents and any other document or instrument executed in connection herewith or therewith would exceed the Highest Lawful Rate or otherwise be usurious under applicable law (including the federal and state laws of the United States of America, or of any other jurisdiction whose laws may be mandatorily applicable) with respect to any Lender then, in that event, notwithstanding anything to the contrary in this Agreement or the other Loan Documents and any other document or instrument executed in connection herewith or therewith, it is agreed as follows as to such Lender: (a) with respect to such Lender, the provisions of this Security Instrument Section 3.2.4 shall govern and control over any other provision in this Agreement, the other Loan Documents and any other document or instrument executed in connection herewith or therewith and each provision set forth therein is hereby so limited; (b) the aggregate of all agreements between Borrower and Lenderconsideration which constitutes interest under applicable law that is contracted for, whether now existing charged or hereafter arising and whether written received under this Agreement, the other Loan Documents, or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration under any of the maturity other aforesaid agreements or otherwise in connection with this Agreement by such Lender shall under no circumstances exceed the maximum amount of interest allowed by applicable law (such maximum lawful interest rate, if any, with respect to such Lender herein called the “Highest Lawful Rate”), and all amounts owed under this Agreement, the other Loan Documents and any other document or instrument executed in connection herewith or therewith shall be held subject to reduction and (i) the amount of interest which would otherwise be payable to such Lender hereunder and under the other Loan Documents and any other document or instrument executed in connection herewith or therewith, shall be automatically reduced to the amount allowed under applicable law and (ii) any unearned interest paid by the Borrower in excess of the Note or otherwiseHighest Lawful Rate shall be credited to the Borrower by such Lender (or, if such consideration shall have been paid in full, refunded to the amount Borrower); (c) all sums paid, or agreed to be paid paid, to such Lender for the use, forbearance or retention and detention of the money loaned under indebtedness of the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender hereunder shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full period term of such indebtedness until payment in full of the principal balance of the Note so that the Interest thereon actual rate of interest is uniform throughout the full term thereof; (d) if at any time the interest provided pursuant to Sections 3.2.1 or 3.2.2, as the case may be, together with any other fees payable pursuant to or in connection with this Agreement and deemed interest under applicable law, with respect to any Lender exceeds that amount which would have accrued at the Highest Lawful Rate, the amount of interest and any such fees to accrue to such Lender pursuant to this Agreement shall be limited, notwithstanding anything to the contrary in this Agreement to that amount which would have accrued at the Highest Lawful Rate for such full period will Lender, but any subsequent reductions, as applicable, shall not exceed reduce the maximum interest to accrue pursuant to this Agreement below such Lender’s Highest Lawful Rate until the total amount permitted by applicable law. This of interest payable to such Lender (including all consideration which constitutes interest) equals the amount of interest which would have been payable to such Lender (including all consideration which constitutes interest) assuming a varying rate per annum equal to the interest provided pursuant to Sections 3.2.1 and 3.2.2 at all times in effect, plus the amount of fees which would have been received but for the effect of this Section will control all agreements between Borrower and Lender3.2.4.

Maximum Interest. The interest rate(s) charged under this Mortgage, the other Loan Documents and other evidences of the Secured Obligations may vary from time to time. For purposes of enforcing this Mortgage, if any of the terms or provisions of this Security Instrument and Mortgage, any other Loan Documents or other evidences of all agreements between Borrower and Lenderthe Secured Obligations are susceptible of being construed as binding or obligating Grantor or any other Persons or concerns obligated, either primarily, secondarily or conditionally, for the payment of any debt, whether now existing or hereafter arising and whether written not secured hereby, under any circumstances or oral, are hereby expressly limited so that in no contingency or event contingencies whatsoever, whether by reason of demand to pay interest or acceleration of the maturity of the Note or otherwise, shall the amount paid, or agreed to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law loan charges in excess of the maximum lawful amountamounts permitted by applicable law from time to time, an amount equal it is agreed that, for purposes of enforcing this Mortgage, such terms or provisions are a mistake in calculation or wording and, notwithstanding the same, it is expressly agreed that, for purposes of enforcing this Mortgage, neither Grantor, nor any other Person or concern obligated in any manner on any such indebtedness, shall ever be required or obligated under the terms of this Mortgage, to any excessive Interest shall be applied to the reduction pay interest or loan charges in excess of the principal balance owing under maximum amounts permitted by applicable law from time to time, and if, for any reason whatsoever, the Note in interest or loan charges paid on the inverse order indebtedness secured by this Mortgage shall exceed the maximum amounts permitted by applicable law from time to time, then, for purposes of its maturity enforcing this Mortgage, the holder(s) of this Mortgage receiving such excess shall either (whether or not then due) or, at the option of Lender, be paid over to Borrower, and not such holder(s)) refund to the payment payor or credit against the principal of Interest. All Interest (including any the indebtedness evidenced thereby such portion of such interest and loan charges as may be necessary to cause the interest and loan charges paid on the indebtedness secured hereby to equal the maximum amounts or payments deemed to be Interest) paid or agreed to be paid to Lender shall, to the extent permitted by applicable lawlaw from time to time, be amortized, prorated, allocated and spread throughout the full period until payment in full of the principal balance of the Note so that the Interest thereon for such full period will not exceed the maximum amount permitted by applicable law. This Section will control all agreements between Borrower and Lenderno more.

Maximum Interest. The provisions of (a) Anything in this Security Instrument and of all agreements between Borrower and Lender, whether now existing Agreement or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the maturity of Bank Note to the Note or otherwise, shall the amount paid, or agreed to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso factocontrary notwithstanding, the obligation Authority shall never be required to be performed pay interest on any Advance or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law the Bank Note at a rate in excess of the maximum lawful amountnonusurious interest rate under applicable federal law and applicable state law (including specifically Chapter 1204, an Texas Government Code, as amended) (such maximum non-usurious interest rate being the “Highest Lawful Rate”), and if the effective rate of interest which would otherwise be payable under this Agreement and the Bank Note would exceed the Highest Lawful Rate then (i) the amount equal to of interest which would otherwise be immediately payable by the Authority on any excessive Interest Advance under this Agreement and the Bank Note shall be applied reduced to the reduction amount allowed by applicable law. It is further agreed that, without limitation of the principal balance owing foregoing, all calculations of the rate of interest contracted for, charged or received by the Bank on any Advance under the Note in Bank Note, or under this Agreement, are made for the inverse order purpose of its maturity (determining whether or not then due) or, at such rate exceeds the option of Lender, be paid over Highest Lawful Rate applicable to Borrowerthe Bank, and not to the payment of Interest. All Interest (including any amounts or payments deemed to shall be Interest) paid or agreed to be paid to Lender shallmade, to the extent permitted by usury laws applicable to the Bank (now or hereafter enacted), by amortizing, prorating and spreading in equal parts during the period of the full stated term of the applicable Advances, evidenced by the Bank Note, all interest at any time contracted for, charged or received by the Bank in connection therewith. If at any time and from time to time (i) the amount of interest payable to the Bank on any date shall be computed at the Highest Lawful Rate pursuant to this Section 3.4 and (ii) in respect of any subsequent interest computation period the amount of interest otherwise payable to the Bank would be less than the amount of interest payable to the Bank computed at the Highest Lawful Rate, then to the extent permitted by law the amount of interest payable to the Bank in respect of such subsequent interest computation period shall continue to be computed at the Highest Lawful Rate until the total amount of interest payable to the Bank shall equal the total amount of interest which would have been payable to the Bank if the total amount of interest had been computed without giving effect to this Section 3.4 and shall continue to be payable until the Bank has been paid in full for all such amounts. In determining whether or not the interest paid or payable, under any specific contingency, exceeds the Highest Lawful Rate, the Authority and the Bank shall, to the maximum extent permitted under usury laws applicable to the Bank (now or hereafter enacted), (i) characterize any non-principal payment as an expense, fee or premium rather than as interest and (ii) exclude voluntary prepayments and effects thereof. Upon termination of this Agreement, in consideration for the limitation of the rate of interest otherwise payable hereunder, the Authority shall pay, to the extent permitted by law, be amortizedthe Bank a fee equal to the amount of all interest accrued hereunder that remains unpaid on the date of termination of this Agreement. (b) Chapter 346, proratedTexas Finance Code, allocated as amended (which regulates certain revolving credit loan accounts and spread throughout revolving tri-party accounts) shall not apply to this Agreement or the full period until payment in full of the principal balance of the Note so that the Interest thereon for such full period will not exceed the maximum amount permitted by applicable law. This Section will control all agreements between Borrower and LenderBank Note.

Maximum Interest. The provisions Regardless of this Security Instrument and any provision contained in any of all agreements between Borrower and Lenderthe Loan Documents, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoeverwhatsoever shall the aggregate of all amounts that are contracted for, whether charged or received by reason Agent and Lenders pursuant to the terms of demand this Agreement or acceleration any of the other Loan Documents and that are deemed interest under Applicable Law exceed the highest rate permissible under any Applicable Law. No agreements, conditions, provisions or stipulations contained in this Agreement or any of the other Loan Documents or the exercise by Agent of the right to accelerate the payment or the maturity of all or any portion of the Note Obligations, or otherwisethe exercise of any option whatsoever contained in any of the Loan Documents, or the prepayment by Borrowers of any of the Obligations, or the occurrence of any contingency whatsoever, shall the amount paidentitle Agent or any Lender to charge or receive in any event, interest or agreed any charges, amounts, premiums or fees deemed interest by Applicable Law (such interest, charges, amounts, premiums and fees referred to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (“herein collectively as "Interest”") exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amountMaximum Rate and in no event shall Borrowers be obligated to pay Interest exceeding such Maximum Rate, and all agreements, conditions or stipulations, if any, which may in any event or contingency whatsoever operate to bind, obligate or compel Borrowers to pay Interest exceeding the Maximum Rate shall be without binding force or effect, at law or in equity, to the extent only of the excess of Interest over such Maximum Rate. If any Interest is charged or received in excess of the Maximum Rate ("Excess"), each Borrower acknowledges and stipulates that any such charge or receipt shall be the result of an amount equal accident and bona fide error, and such Excess, to any excessive Interest the extent received, shall be applied first to reduce the principal Obligations and the balance, if any, returned to Borrowers, it being the intent of the parties hereto not to enter into a usurious or otherwise illegal relationship. The right to accelerate the maturity of any of the Obligations does not include the right to accelerate any Interest that has not otherwise accrued on the date of such acceleration, and Agent and Lenders do not intend to collect any unearned Interest in the event of any such acceleration. Each Borrower recognizes that, with fluctuations in the rates of interest set forth in Section 2.1.1 of this Agreement or in the Notes, and the Maximum Rate, such an unintentional result could inadvertently occur. All monies paid to Agent or any Lender hereunder or under any of the other Loan Documents, whether at maturity or by prepayment, shall be subject to any rebate of unearned Interest as and to the reduction extent required by Applicable Law. By the execution of this Agreement, each Borrower covenants that (i) the credit or return of any Excess shall constitute the acceptance by such Borrower of such Excess, and (ii) such Borrower shall not seek or pursue any other remedy, legal or equitable, against Agent or any Lender, based in whole or in part upon contracting for, charging or receiving any Interest in excess of the principal balance owing under Maximum Rate. For the Note in the inverse order purpose of its maturity (determining whether or not then due) orany Excess has been contracted for, at the option of charged or received by Agent or any Lender, be paid over to Borrowerall Interest at any time contracted for, and not to charged or received from Borrowers in connection with any of the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender Loan Documents shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated and spread in equal parts throughout the full period until payment in full term of the principal balance of the Note so that the Interest thereon for such full period will not exceed Obligations. Borrowers, Agent and Lenders shall, to the maximum amount extent permitted under Applicable Law, (i) characterize any non-principal payment as an expense, fee or premium rather than as Interest and (ii) exclude voluntary prepayments and the effects thereof. The provisions of this Section 2.11 shall be deemed to be incorporated into every Loan Document (whether or not any provision of this Section is referred to therein). All such Loan Documents and communications relating to any Interest owed by applicable law. This Borrowers and all figures set forth therein shall, for the sole purpose of computing the extent of Obligations, be automatically recomputed by Borrowers, and by any court considering the same, to give effect to the adjustments or credits required by this Section will control all agreements between Borrower and Lender2.11.

Maximum Interest. The provisions of this Security Instrument and of all agreements between Borrower and Lender, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the maturity of the Note or otherwise, shall the amount paid, or agreed to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment Regardless of any provision hereof contained in this Agreement or any of the Loan Documents, in no event shall the aggregate of all amounts that are contracted for, charged or collected pursuant to the terms of this Agreement, the Notes or any agreement between Borrower of the Loan Documents, and Lender shall, at the time performance or fulfillment of such provision shall be duethat are deemed interest under Applicable Laws, exceed the limit for Interest prescribed Maximum Rate. No provision of this Agreement or in any of the Loan Documents or the exercise by law Bank of any right hereunder or otherwise transcend under any Loan Document or the limit prepayment by Borrower of validity prescribed by applicable law, then, ipso facto, any of the obligation to be performed Obligations or fulfilled shall be reduced to such limit, and if, from the occurrence of any circumstance contingency whatsoever, Lender shall ever receive anything of value entitle Bank to charge or receive, or to require Borrower to pay, interest or any amounts deemed Interest interest by applicable law Applicable Laws (such amounts being referred to herein collectively as "Interest") in excess of the maximum lawful amountMaximum Rate, an amount equal and all provisions hereof or in any Loan Document which may purport to any excessive require Borrower to pay Interest exceeding the Maximum Rate shall be applied without binding force or effect to the reduction extent only of the principal balance owing under excess of Interest over such Maximum Rate. Any Interest charged or received in excess of the Note in Maximum Rate ("Excess"), shall be conclusively presumed to be the inverse order result of its maturity (whether or not then due) oran accident and bona fide error, and shall, to the extent received by Bank, at the option of LenderBank, either be paid over applied to reduce the principal amount of the Obligations or returned to Borrower. The right to accelerate the maturity of any of the Obligations does not include the right to accelerate unaccrued interest, and not no such interest will be collected by Bank. All monies paid to Bank hereunder or under any of the Loan Documents shall be subject to any rebate of unearned interest as and to the payment extent required by Applicable Laws. By the execution of Interestthis Agreement, Borrower covenants that (a) the credit or return of any Excess shall constitute the acceptance by Borrower of such Excess, and (b) Borrower shall not seek or pursue any other remedy, legal or equitable, against Bank, based in whole or in part upon contracting for, charging or receiving any Interest in excess of the Maximum Rate. All Interest (including For the purpose of determining whether or not any amounts Excess has been contracted for, charged or payments deemed to be Interest) paid received by Bank, all interest at any time contracted for, charged or agreed to be paid to Lender received from Borrower in connection with this Agreement shall, to the extent permitted by applicable lawApplicable Laws, be amortized, prorated, allocated and spread in equal parts throughout the full period until payment in full term of the principal balance of the Note so that the Interest thereon for such full period will not exceed Obligations. Borrower and Bank shall, to the maximum amount extent permitted by applicable lawunder Applicable Laws, (a) characterize any non-principal payment as an expense, fee or premium rather than as Interest and (b) exclude voluntary prepayments and the effects thereof. This The provisions of this Section will control all agreements between Borrower shall be deemed to be incorporated into the Notes and Lendereach Loan Document (whether or not any provision of this Section is referred to therein).

Maximum Interest. The provisions of (A) Notwithstanding anything to the contrary in this Security Instrument and of all agreements between Borrower and Lender, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the maturity of the Note Agreement or otherwise, shall (i) if at any time the amount paid, of interest computed on the basis of an Applicable Annual Rate or agreed to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (“Interest”) a Default Rate would exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed interest computed upon the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess basis of the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction rate of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender shall, to the extent interest permitted by applicable state or federal law in effect from time to time hereafter (the "Maximum Legal Rate"), the interest payable under this Agreement shall be computed upon the basis of the Maximum Legal Rate, but any subsequent reduction in such Applicable Annual Rate or Default Rate, as applicable, shall not reduce such interest thereafter payable hereunder below the amount computed on the basis of the Maximum Legal Rate until the aggregate amount of such interest accrued and payable under this Agreement equals the total amount of interest which would have accrued if such interest had been at all times computed solely on the basis of an Applicable Annual Rate or Default Rate, as applicable; and (ii) unless preempted by federal law, be amortizedan Applicable Annual Rate or Default Rate, proratedas applicable, allocated and spread throughout the full period until payment from time to time in full of the principal balance of the Note so that the Interest thereon for such full period will effect hereunder may not exceed the maximum amount permitted "monthly ceiling" from time to time in effect under Chapter 303 of the Texas Finance Code. If the applicable state or federal law is amended in the future to allow a greater rate of interest to be charged under this Agreement than is presently allowed by applicable state or federal law. This , then the limitation of interest hereunder shall be increased to the maximum rate of interest allowed by applicable state or federal law as amended, which increase shall be effective hereunder on the effective date of such amendment, and all interest charges owing to Agent and/or Lenders by reason thereof shall be payable in accordance with Section will control all agreements between Borrower and Lender3.2.2 hereof.

Maximum Interest. The provisions Regardless of this Security Instrument and any provision contained in any of all agreements between Borrower and Lenderthe Loan Documents, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoeverwhatsoever shall the aggregate of all amounts that are contracted for, whether charged or received by reason Lender pursuant to the terms of demand this Agreement or acceleration any of the other Loan Documents and that are deemed interest under Applicable Law exceed the highest rate permissible under any Applicable Law. No agreements, conditions, provisions or stipulations contained in this Agreement or any of the other Loan Documents or the exercise by Lender of the right to accelerate the payment or the maturity of all or any portion of the Note Obligations, or otherwisethe exercise of any option whatsoever contained in any of the Loan Documents, or the prepayment by Borrowers of any of the Obligations, or the occurrence of any contingency whatsoever, shall the amount paidentitle Lender to charge or receive in any event, interest or agreed any charges, amounts, premiums or fees deemed interest by Applicable Law (such interest, charges, amounts, premiums and fees referred to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (“herein collectively as "Interest”") exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amountMaximum Rate and in no event shall Borrowers be obligated to pay Interest exceeding such Maximum Rate, and all agreements, conditions or stipulations, if any, which may in any event or contingency whatsoever operate to bind, obligate or compel Borrowers to pay Interest exceeding the Maximum Rate shall be without binding force or effect, at law or in equity, to the extent only of the excess of Interest over such Maximum Rate. If any Interest is charged or received in excess of the Maximum Rate ("Excess"), each Borrower acknowledges and stipulates that any such charge or receipt shall be the result of an amount equal accident and bona fide error, and such Excess, to any excessive Interest the extent received, shall be applied first to reduce the principal Obligations and the balance, if any, returned to Borrowers, it being the intent of the parties hereto not to enter into a usurious or otherwise illegal relationship. The right to accelerate the maturity of any of the Obligations does not include the right to accelerate any Interest that has not otherwise accrued on the date of such acceleration, and Lender does not intend to collect any unearned Interest in the event of any such acceleration. Each Borrower recognizes that, with fluctuations in the rates of interest set forth in SECTION 2.1.1 of this Agreement and the Maximum Rate, such an unintentional result could inadvertently occur. All monies paid to Lender hereunder or under any of the other Loan Documents, whether at maturity or by prepayment, shall be subject to any rebate of unearned Interest as and to the reduction extent required by Applicable Law. By the execution of this Agreement, each Borrower covenants that (i) the credit or return of any Excess shall constitute the acceptance by Borrowers of such Excess, and (ii) no Borrower shall seek or pursue any other remedy, legal or equitable, against Lender, based in whole or in part upon contracting for, charging or receiving any Interest in excess of the principal balance owing under Maximum Rate. For the Note in the inverse order purpose of its maturity (determining whether or not then due) orany Excess has been contracted for, at the option of charged or received by Lender, be paid over to Borrowerall Interest at any time contracted for, and not to charged or received from Borrowers in connection with any of the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender Loan Documents shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated and spread in equal parts throughout the full period until payment in full term of the principal balance of the Note so that the Interest thereon for such full period will not exceed Obligations. Borrowers and Lender shall, to the maximum amount extent permitted under Applicable Law, (i) characterize any non-principal payment as an expense, fee or premium rather than as Interest and (ii) exclude voluntary prepayments and the effects thereof. The provisions of this Section shall be deemed to be incorporated into every Loan Document (whether or not any provision of this Section is referred to therein). All such Loan Documents and communications relating to any Interest owed by applicable law. This Section will control Borrowers and all agreements between Borrower figures set forth therein shall, for the sole purpose of computing the extent of Obligations, be automatically recomputed by Borrowers, and Lenderby any court considering the same, to give effect to the adjustments or credits required by this SECTION 2.10.

Maximum Interest. The It is the intention of the parties hereto to conform strictly to applicable usury laws and, anything herein to the contrary notwithstanding, the obligations of the Borrower to the Lenders under this Agreement, the other Loan Documents and any other document or instrument executed in connection herewith or therewith, shall be subject to the 38 44 limitation that payments of interest or of other amounts constituting interest under applicable law to a Lender shall not be required to the extent that receipt thereof would be in excess of the Highest Lawful Rate, or otherwise contrary to provisions of law applicable to such Lender limiting rates of interest which may be charged or collected by such Lender. Accordingly, if the transactions or the amount paid or otherwise agreed to be paid for the use, forbearance or detention of money under this Agreement, the other Loan Documents and any other document or instrument executed in connection herewith or therewith would exceed the Highest Lawful Rate or otherwise be usurious under applicable law (including the federal and state laws of the United States of America, or of any other jurisdiction whose laws may be mandatorily applicable) with respect to any Lender then, in that event, notwithstanding anything to the contrary in this Agreement or the other Loan Documents and any other document or instrument executed in connection herewith or therewith, it is agreed as follows as to such Lender: (a) with respect to such Lender, the provisions of this Security Instrument Section 3.2.5 shall govern and control over any other provision in this Agreement, the other Loan Documents and any other document or instrument executed in connection herewith or therewith and each provision set forth therein is hereby so limited; (b) the aggregate of all agreements between Borrower and Lenderconsideration which constitutes interest under applicable law that is contracted for, whether now existing charged or hereafter arising and whether written received under this Agreement, the other Loan Documents, or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration under any of the maturity other aforesaid agreements or otherwise in connection with this Agreement by such Lender shall under no circumstances exceed the maximum amount of interest allowed by applicable law (such maximum lawful interest rate, if any, with respect to such Lender herein called the "Highest Lawful Rate"), and all amounts owed under this Agreement, the other Loan Documents and any other document or instrument executed in connection herewith or therewith shall be held subject to reduction and (i) the amount of interest which would otherwise be payable to such Lender hereunder and under the other Loan Documents and any other document or instrument executed in connection herewith or therewith, shall be automatically reduced to the amount allowed under applicable law and (ii) any unearned interest paid by the Borrower in excess of the Note or otherwiseHighest Lawful Rate shall be credited to the Borrower by such Lender (or, if such consideration shall have been paid in full, refunded to the amount Borrower); (c) all sums paid, or agreed to be paid paid, to such Lender for the use, forbearance or retention and detention of the money loaned under indebtedness of the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender hereunder shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full period term of such indebtedness until payment in full of the principal balance of the Note so that the Interest thereon actual rate of interest is uniform throughout the full term thereof; (d) if at any time the interest provided pursuant to Sections 3.2.1 or 3.2.2, as the case may be, together with any other fees payable pursuant to or in connection with this Agreement and deemed interest under applicable law, with respect to any Lender exceeds that amount which would have accrued at the Highest Lawful Rate, the amount of interest and any such fees to accrue to such Lender pursuant to this Agreement shall be limited, notwithstanding anything to the contrary in this Agreement to that amount which 39 45 would have accrued at the Highest Lawful Rate for such full period will Lender, but any subsequent reductions, as applicable, shall not exceed reduce the maximum interest to accrue pursuant to this Agreement below such Lender's Highest Lawful Rate until the total amount permitted by applicable law. This of interest payable to such Lender (including all consideration which constitutes interest) equals the amount of interest which would have been payable to such Lender (including all consideration which constitutes interest) assuming a varying rate per annum equal to the interest provided pursuant to Sections 3.2.1 and 3.2.2 at all times in effect, plus the amount of fees which would have been received but for the effect of this Section will control all agreements between Borrower and Lender3.2.5.

Maximum Interest. The provisions of this Security Instrument and of all agreements between Borrower and Lender, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration It is the intention of the maturity parties hereto ---------------- that each Lender shall conform strictly to usury laws applicable to it. Accordingly, the parties hereto stipulate and agree that none of the Note terms and provisions contained in the Notes, this Agreement, any Collateral Document or otherwise, any other Loan Document shall the amount paid, or agreed ever be construed to be paid create a contract to pay to any Lender for the use, forbearance forbearance, or retention of money at a rate in excess of the money loaned 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 under applicable law and are contracted for, taken, reserved, charged, or received under any of this Agreement, the Notes, the Collateral Documents or the other Loan Documents or 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, any Collateral Document or in any other Loan Document or agreement entered into in connection with or as security for the Notes, it is agreed as follows: the aggregate of all consideration which constitutes interest under law applicable to each such Lender that is contracted for, taken, reserved, charged, or received by such Lender under the Note (“Interest”) Notes, this Agreement, or under any of the other aforesaid Loan Documents or agreements or otherwise in connection with the Notes shall under no circumstances exceed the maximum amount permissible under allowed by the law applicable law. Ifto such Lender, from and any circumstance whatsoeverexcess shall be credited by such Lender on the principal amount of the Indebtedness of the Borrower owed to such Lender (or, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at if the time performance or fulfillment principal amount of such provision Indebtedness shall have been paid in full, to the extent such interest has been received by a Lender it shall be duerefunded by such Lender to the Borrower). The provisions of this Section 10.13 (a) shall control over all other provisions of ---------------- this Agreement, the Notes, the Collateral Documents and the other Loan Documents which may be in apparent conflict herewith. 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 of this Agreement, the Notes, the Collateral Documents and the other Loan Documents which are made for the purpose of determining whether such rate or amount exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled Highest Lawful Rate shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender shallmade, to the extent permitted by applicable law, be amortizedby amortizing, proratedprorating, allocated allocating, and spread throughout spreading during the period of the full period until payment in full stated term of the principal balance of the Note so that the Interest thereon for such full period will not exceed the maximum amount Indebtedness, and if longer and if permitted by applicable law, until payment in full, all interest at any time so contracted for, taken, reserved, charged, or received. (b) If at any time the effective rate of interest which would otherwise apply to any Indebtedness hereunder or evidenced by any Lender's Notes would exceed the Highest Lawful Rate applicable to such Lender (taking into account the interest rate applicable to such Indebtedness pursuant to the other provisions of this Agreement, plus all additional charges and consideration which have been contracted for, taken, reserved, charged, or received under this Agreement, such Lender's Notes, the Collateral Documents, and the other Loan Documents, or any of them, and which additional charges or consideration (the "Additional Charges") constitute interest with respect to such Indebtedness), ------------------ the effective interest rate to apply to such Indebtedness made by such Lender shall be limited to the Highest Lawful Rate, but any subsequent reductions in the interest rate applicable to such Indebtedness owed to such Lender shall not reduce the effective interest rate to apply to such Indebtedness owed to such Lender below the Highest Lawful Rate applicable to such Lender until the total amount of interest accrued on such Indebtedness equals the amount of interest which would have accrued if the interest rate from time to time applicable to such Indebtedness owed to such Lender had at all times been in effect with respect to such Indebtedness pursuant to the other provisions of this Agreement and the other Loan Documents and if the Lenders had collected all Additional Charges called for under this Agreement, the Notes, the Collateral Documents and the other Loan Documents. This If at maturity or final payment of such Lender's Obligations the total amount of interest paid to any Lender hereunder and under the other Loan Documents (including amounts designated as "interest" plus any Additional Charges which constitute interest with respect to such Lenders, and taking into account the limitations of the first sentence of this Section will control ------- 10.13(b)) is less than the total amount of such "interest" which would have been -------- paid if all agreements amounts were paid as required by this Agreement (without giving effect to this Section 10.13) and the other Loan Documents (the amount of the ------------- difference described above, the "Deficiency"), then the Borrower agrees, to the ---------- fullest extent permitted by the laws applicable to such Lender, to pay to such Lender an amount equal to the lesser of (i) the difference between (1) the amount of such "interest" which would have accrued on such Lender's Notes if the Highest Lawful Rate had at all times been in effect, and (2) the amount of interest actually paid on such Lender's Notes (including amounts designated as "interest" plus any Additional Charges which constitute interest with respect to such Lender's Notes) and (ii) the amount of the Deficiency. (c) Notwithstanding anything to the contrary contained above in this Section 10.13, it is understood and agreed that (i) all representations and ------------- warranties contained in this Agreement, in the Collateral Documents and in the other Loan Documents have been made without reliance upon, or giving effect to, the provisions of Section 10.13(a) and (ii) that the Lenders have relied upon ---------------- the accuracy of such representations and warranties. Furthermore, the Borrower acknowledges and Lenderagrees that each Lender shall, to the fullest extent permitted by law, be entitled to recover damages from the Borrower in the event of a material misrepresentation by the Borrower.

Maximum Interest. The provisions Regardless of any provision contained in this Security Instrument and of all agreements between Borrower and LenderAgreement or any other agreement or document executed in connection herewith, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoeverwhatsoever shall the aggregate of all amounts that are contracted for, whether charged or received by reason Capital pursuant to the terms of demand this Agreement or acceleration any other Loan Documents and that are deemed interest under applicable law exceed the highest rate permissible under any applicable law. No agreements, conditions, provisions or stipulations contained in this Agreement or any of the other Loan Documents or the exercise by Capital of the right to accelerate the payment or the maturity of all or any portion of the Note Obligations, or otherwisethe exercise of any option whatsoever contained in any of the Loan Documents, or the prepayment by Borrower of any of the Obligations, or the occurrence of any contingency whatsoever, shall the amount paidentitle Capital to charge or receive in any event, interest or agreed any charges, amounts premiums or fees deemed interest by applicable law (such interest, charges, amounts, premiums and fees referred to be paid to Lender for the use, forbearance or retention of the money loaned under the Note (herein collectively as “Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amountrate allowable under applicable law and in no event shall Borrower be obligated to pay Interest exceeding such maximum rate, and all agreements, conditions or stipulations, if any, which may in any event or contingency whatsoever operate to bind, obligate or compel Borrower to pay Interest exceeding the maximum rate allowable under applicable law shall be without binding force or effect, at law or in equity, to the extent only of the excess of Interest over such maximum rate. If any Interest is charged or received in excess of the maximum rate allowable under applicable law (“Excess”), Borrower acknowledges and stipulates that any such charge or receipt shall be the result of an amount equal accident and bona fide error, and such Excess, to any excessive Interest the extent received, shall be applied first to reduce the principal Obligations and the balance, if any, returned to Borrower, it being the intent of the parties hereto not to enter into a usurious or otherwise illegal relationship. The right to accelerate the maturity of any of the Obligations does not include the right to accelerate any interest that has not otherwise accrued on the date of such acceleration, and Capital does not intend to collect any unearned interest in the event of any such acceleration. Borrower recognizes that, with fluctuations in the rates of interest set forth in Section 2 of this Agreement and the maximum rate of interest allowable under applicable law, such an unintentional result could inadvertently occur. All monies paid to Capital hereunder or under any other Loan Documents, whether at maturity or by prepayment, shall be subject to any rebate of unearned interest as and to the reduction extent required by applicable law. By the execution of this Agreement, Borrower covenants that (i) the credit or return of any Excess shall constitute the acceptance by Borrower of such Excess, and (ii) Borrower shall not seek or pursue any other remedy, legal or equitable, against Capital, based in whole or in part upon contracting for, charging or receiving any Interest in excess of the principal balance owing maximum rate allowable under applicable law. For the Note in the inverse order purpose of its maturity (determining whether or not then due) orany Excess has been contracted for, charged or received by Capital, all interest at any time contracted for, charged or received from Borrower in connection with this Agreement and any other agreement or document executed in connection herewith, any of the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender Loan Documents shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread in equal parts throughout the full period until payment in full term of the principal balance of the Note so that the Interest thereon for such full period will not exceed Obligations. Borrower and Capital shall, to the maximum amount extent permitted by under applicable law, (i) characterize any non-principal payment as an expense, fee or premium rather than as Interest and (ii) exclude voluntary prepayments and the effects thereof. This The provisions of this Section will control all agreements between shall be deemed to be incorporated into every Loan Document (whether or not any provision of this Section is referred to therein). All such Loan Documents and communications relating to any Interest owed by Borrower and Lenderall figures set forth therein shall, for the sole purpose of computing the extent of Obligations, be automatically recommitted by Borrower, and by any court considering the same, to give effect to the adjustments or credits required by this Section.

Maximum Interest. The It is the intention of the parties hereto to conform strictly to applicable usury laws and, anything herein to the contrary notwithstanding, the Obligations of the Borrower and the other Obligors to each Lender and the other Secured Parties under this Agreement and the other Loan Documents shall be subject to the limitation that payments of interest shall not be required to the extent that receipt thereof would be contrary to provisions of law applicable to such Lender limiting rates of interest that may be charged or collected by such Lender or Secured Party, as applicable. Accordingly, if the transactions contemplated hereby would be usurious under Applicable Law (including the Federal and state laws of the United States of America, or of any other jurisdiction whose laws may be mandatorily applicable) with respect to a Lender, then, in that event, notwithstanding anything to the contrary in this Agreement, it is agreed as follows: (a) the provisions of this Security Instrument Section 10.18 shall govern and control; (b) the aggregate of all agreements between Borrower and Lenderconsideration that constitutes interest under Applicable Law that is contracted for, whether now existing charged or hereafter arising and whether written received under this Agreement, or oralunder any other Loan Document or otherwise in connection with this Agreement by such Lender or Secured Party, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the maturity of the Note or otherwiseas applicable, shall under no circumstances exceed the maximum amount of interest allowed by Applicable Law (such maximum lawful interest rate, if any, with respect to such Lender or Secured Party, as applicable herein called the “Highest Lawful Rate”), and any excess shall be credited to the Borrower by such Lender or Secured Party, as applicable (or, if such consideration shall have been paid in full, such excess promptly refunded to the Borrower); (c) all sums paid, or agreed to be paid paid, to such Lender or Secured Party, as applicable for the use, forbearance or retention and detention of the money loaned under indebtedness of the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limitLender or Secured Party, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by as applicable law in excess of the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender hereunder shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated and spread throughout the full period term of such indebtedness until payment in full of the principal balance of the Note so that the Interest thereon actual rate of interest is uniform throughout the full term thereof; and (d) if at any time the interest provided pursuant to Section 3.2, together with any other fees and expenses payable pursuant to this Agreement and the other Loan Documents and deemed interest under Applicable Law, exceeds that amount that would have accrued at the Highest Lawful Rate, then the amount of interest and any such fees to accrue to such Lender or Secured Party, as applicable pursuant to this Agreement and the other Loan Documents shall be limited, notwithstanding anything to the contrary in this Agreement, to that amount that would have accrued at the Highest Lawful Rate, but any subsequent reductions, as applicable, shall not reduce the interest to accrue to such Lender or Secured Party, as applicable pursuant to this Agreement below the Highest Lawful Rate until the total amount of interest accrued pursuant to this Agreement and the other Loan Documents and such fees deemed to be interest equals the amount of interest that would have accrued to such Lender or Secured Party, as applicable, if a varying rate per annum equal to the interest provided pursuant to Section 3.2 had at all times been in effect, plus the amount of fees that would have been received but for such full period will not exceed the maximum amount permitted by applicable law. This effect of this Section will control all agreements between Borrower and Lender10.18.

Maximum Interest. The provisions of this Security Instrument Mortgage and of all agreements between Borrower Mortgagor and LenderMortgagee, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the maturity of the Note or otherwise, shall the amount paid, ; or agreed to be paid ("Interest"), to Lender Mortgagee for the use, forbearance or retention of the money loaned under the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower Mortgagor and Lender Mortgagee shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, then ipso facto, facto the obligation to be performed or fulfilled shall be reduced to such limit, limit and if, from any circumstance whatsoever, Lender Mortgagee shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, or at the option of Lender, Mortgagee be paid over to BorrowerMortgagor, and not to the payment of Interest. All Interest (including any amounts or payments judicially or otherwise under law deemed to be Interest) contracted for, charged, taken, reserved, paid or agreed to be paid to Lender Mortgagee shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full period until payment in full of the principal balance of the Note so that the Interest thereon for such full period will not exceed the maximum amount permitted by applicable law. This Section will control all agreements between Borrower and Lender.,

Maximum Interest. The provisions It is expressly stipulated and agreed to be the intent of this Security Instrument Borrower and Bank at all times to comply strictly with the applicable Texas law governing the maximum rate or amount of all agreements interest payable on the indebtedness evidenced by the Note or any Loan Document, and the Related Indebtedness (or applicable United States federal law to the extent that it permits Bank to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount (a) contracted for, charged, taken, reserved or received pursuant to any Note, any of the other Loan Documents or any other communication or writing by or between Borrower and LenderBank related to the transaction or transactions that are the subject matter of the Loan Documents, whether now existing (b) contracted for, charged, taken, reserved or hereafter arising and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether received by reason of demand or acceleration Bank’s exercise of the option to accelerate the maturity of any Note and/or any and all indebtedness paid or payable by Borrower to Bank pursuant to any Loan Document other than such Note (such other indebtedness being referred to in this Section as the Note or otherwise, shall the amount paid“Related Indebtedness”), or agreed to (c) Borrower will have paid or Bank will have received by reason of any prepayment by Borrower of any Note and/or the Related Indebtedness, then it is Borrower’s and Bank’s express intent that all amounts charged in excess of the Maximum Lawful Rate shall be automatically canceled, ab initio, and all amounts in excess of the Maximum Lawful Rate theretofore collected by Bank shall be credited on the principal balance of such Note and/or the Related Indebtedness (or, if such Note and the Related Indebtedness have been or would thereby be paid in full, refunded to Lender Borrower), and the provisions of such Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if such Note has been paid in full before the end of the stated term of such Note, then Borrower and Bank agree that Bank shall, with reasonable promptness after Bank discovers or is advised by Borrower that interest was received in an amount in excess of the Maximum Lawful Rate, either refund such excess interest to Borrower and/or credit such excess interest against such Note and/or any Related Indebtedness then owing by Borrower to Bank. Borrower hereby agrees that as a condition precedent to any claim or counterclaim (in which event such proceeding shall be abated for such time period) seeking usury penalties against Bank, Borrower will provide written notice to Bank, advising Bank in reasonable detail of the nature and amount of the violation, and Bank shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against such Note to which the alleged violation relates and/or the Related Indebtedness then owing by Borrower to Bank. All sums contracted for, charged, taken, reserved or received by Bank for the use, forbearance or retention of the money loaned under the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment detention of any provision hereof or of any agreement between Borrower and Lender shall, at debt evidenced by such Note and/or the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender Related Indebtedness shall, to the extent permitted by applicable law, be amortizedamortized or spread, proratedusing the actuarial method, allocated and spread throughout the full period stated term of such Note and/or the Related Indebtedness (including any and all renewal and extension periods) until payment in full of the principal balance of the Note so that the Interest thereon for rate or amount of interest on account of such full period will Note and/or the Related Indebtedness does not exceed the maximum amount permitted by Maximum Lawful Rate from time to time in effect and applicable lawto such Note and/or the Related Indebtedness for so long as debt is outstanding. This Section will control all agreements between Borrower In no event shall the provisions of Chapter 346 of the Texas Finance Code which regulates certain revolving credit loan accounts and Lenderrevolving triparty accounts apply to such Note and/or any of the Related Indebtedness. Notwithstanding anything to the Loan Agreement contrary contained herein or in any of the other Loan Documents, it is not the intention of Bank to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Maximum Interest. The It is the intention of the parties hereto to conform strictly to applicable usury laws and, anything herein to the contrary notwithstanding, the obligations of each Borrower to each Lender and the Issuer under this Agreement shall be subject to the limitation that payments of interest shall not be required to the extent that receipt thereof would be contrary to provisions of law applicable to such Lender or the Issuer limiting rates of interest which may be charged or collected by such Lender or the Issuer. Accordingly, if the transactions contemplated hereby would be usurious under applicable law (including the Federal and state laws of the United States of America, or of any other jurisdiction whose laws may be mandatorily applicable) with respect to a Lender or the Issuer then, in that event, notwithstanding anything to the contrary in this Agreement, it is agreed as follows: (i) the provisions of this Security Instrument Section 10.6 shall govern and control; (ii) the aggregate of all agreements between Borrower and Lenderconsideration which constitutes interest under applicable law that is contracted for, whether now existing charged or hereafter arising and whether written received under this Agreement, or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration under any of the maturity other aforesaid agreements or otherwise in connection with this Agreement by such Lender or the Issuer shall under no circumstances exceed the maximum amount of interest allowed by applicable law (such maximum lawful interest rate, if any, with respect to such Lender or the Note Issuer herein called the “Highest Lawful Rate”), and any excess shall be credited to such Borrower by such Lender or otherwisethe Issuer (or, if such consideration shall the amount have been paid in full, such excess promptly refunded to such Borrower); (iii) all sums paid, or agreed to be paid paid, to such Lender or the Issuer for the use, forbearance or retention and detention of the money loaned under the Note (“Interest”) exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment indebtedness of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then, ipso facto, the obligation to be performed or fulfilled shall be reduced Borrower to such limit, and if, from any circumstance whatsoever, Lender shall ever receive anything of value deemed Interest by applicable law in excess of or the maximum lawful amount, an amount equal to any excessive Interest shall be applied to the reduction of the principal balance owing under the Note in the inverse order of its maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower, and not to the payment of Interest. All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Lender Issuer hereunder shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full period term of such indebtedness until payment in full of the principal balance of the Note so that the Interest thereon for such actual rate of interest is uniform throughout the full period will not exceed term thereof; and (iv) if at any time the maximum amount permitted by interest provided pursuant to Article II together with any other fees payable pursuant to this Agreement and deemed interest under applicable law. This , exceeds that amount which would have accrued at the Highest Lawful Rate, the amount of interest and any such fees to accrue to such Lender or the Issuer pursuant to this Agreement shall be limited, notwithstanding anything to the contrary in this Agreement to that amount which would have accrued at the Highest Lawful Rate, but any subsequent reductions, as applicable, shall not reduce the interest to accrue to such Lender or the Issuer pursuant to this Agreement below the Highest Lawful Rate until the total amount of interest accrued pursuant to this Agreement and such fees deemed to be interest equals the amount of interest which would have accrued to such Lender or the Issuer if a varying rate per annum equal to the interest provided pursuant to Article II had at all times been in effect, plus the amount of fees which would have been received but for the effect of this Section will control all agreements between Borrower and Lender10.6.