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use commercially reasonable efforts to inform Borrower of its monthly installment <br /> payment prior to the Conversion Date; provided that failure to do so shall not be a Lender <br /> default or extend the time for payment. To the extent that there is any conflict between <br /> the Loan Agreement and this paragraph,the terms of the Loan Agreement shall control. <br /> If the Lender,or any other holder of this note,has not received the full amount of <br /> any Monthly Installment provided for in this note, by the end of seven (7) calendar days <br /> after the date it is due, Borrower shall pay a late charge fee to the Lender, or any other <br /> holder of this note. The amount of the late charge fee shall be eight percent (8.00%) of <br /> the overdue Monthly Installment. The Borrower shall pay this late charge fee on <br /> demand, however, collection of the late charge fee shall not be deemed a waiver of the <br /> Lender's right to declare an Event of Default and exercise its rights and remedies as <br /> provided for in the Loan Agreement and the Security Agreement. <br /> Each Monthly Installment and other payments made under this note shall be <br /> applied as follows: (i) first, to be applied against and pay interest which has accrued and <br /> remains unpaid on the date the payment is received; then (ii) to be applied against and <br /> pay unpaid late charges and any other charges, including attorneys' fees and protective <br /> advances; and then(iii)all remaining amounts, if any, shall be applied against and reduce <br /> the then outstanding principal balance of this note. <br /> If an Event of Default shall occur hereunder or under the Loan Agreement or the <br /> Security Agreement and any cure period provided for in the Loan Agreement or the <br /> Security Agreement has expired, the Borrower agrees to pay a default rate of interest <br /> equal to ten percent (10.00%) per anmmn as the applicable interest rate of this note, and <br /> the entire principal amount outstanding, accrued interest and any other charges due <br /> hereon shall at once become due and payable at the option of the Lender or the holder <br /> hereof. Any failure of the lender to exercise its right to increase the interest rate by the <br /> default rate of interest set forth above or its option to accelerate this note at any time shall <br /> not constitute a waiver of the right to exercise the same right to increase the interest rate <br /> or accelerate at any subsequent time. Notwithstanding anything contained herein to the <br /> contrary, the default rate of interest hereon shall never exceed the highest rate permitted <br /> by law. <br /> The Bonnwer may prepay the principal under this note at any time and from time <br /> to time, in whole or in part, without premium or penalty. No partial prepayment shall <br /> postpone the due date of any Monthly Installment or reduce the amount of any such <br /> Monthly Installment unless the Lender agrees otherwise in writing. <br /> All sums payable to the Lender under this note shall be paid in immediately <br /> available funds. <br /> The Borrower promises to pay all costs in connection with the enforcement of this <br /> note, including but not limited to, those costs, expenses and attorneys' fees of Lender <br /> whether or not suit is filed with respect thereto and whether or not such cost or expense is <br /> paid or incurred or to be paid or incurred prior to or after the entry of judgment or for the <br /> 1743380 <br /> -2- <br />