Orange County NC Website
z9 <br />shall be effective immediately to change the interest rate payable on this Note. The Bank <br />makes no representation that the Prime Rate is the best or lowest rate of interest that the <br />Bank charges on loans; the Bank makes other loans at rates above and below its Prime Rate. <br />PAYMENT SCHEDULE. The unpaid principal balance of this Note at any date <br />shall be equal to (a) the sum of all Advances made by the Bank through that date, minus <br />(b) all payments on account of principal actually made by the undersigned through that <br />date, and minus (c) all reductions pursuant to Section 4.3 of the Loan Agreement in the <br />principal balance reflecting the Bank's Percentage Share of Uncovered Loan Losses. <br />Payments on this Note shall be made and shall be applied as provided for in the <br />Loan Agreement. If not sooner. paid, all unpaid principal and all accrued and unpaid <br />interest on this Note shall be due and payable on July 25, 2009: <br />LIMITED RECOURSE. Notwithstanding any provisions hereof or of the Loan <br />Agreement to the contrary, the holder's sole recourse for the recovery of monies due and <br />owing on the Notes shall be against the holder's Percentage Share of the Net. Cash <br />Proceeds and any collateral granted by the Company to the Banks pursuant to the <br />Security Agreements; provided, however, that nothing contained in this paragraph will <br />limit (a) the liability of the undersigned to account for the holder's Percentage Share of <br />any Net Cash Proceeds not applied on a current basis by the Company in accordance with <br />the provisions of this Note and the Loan Agreement, or (b) any liability for fraud on the <br />part of any Company official, employee or agent. <br />DEFAULT. Upon the occurrence of any Event of Default described in the Loan <br />Agreement, the Bank shall have all rights granted by the Loan Agreement <br />EXPENSES OF COLLECTION. Notwithstanding the "Limited Recourse" <br />provisions of this Note, in the event of default under this Note, the holder shall be entitled <br />to collect (in addition to all principal; interest and other amounts due hereon) the holder's <br />reasonable costs and expenses incurred in the collection of this Note, including, but not <br />limited to, reasonable attorneys' fees. <br />COVENANTS. All parties to this Note, including the maker and any sureties, <br />endorsers or guarantors, . hereby waive (to the extent permitted by law) protest, <br />presentment, notice of dishonor and notice of acceleration of maturity and agree to <br />continue to remain bound for the payment of principal, interest and all other sums due <br />under this Note, notwithstanding any change or changes by way of release, surrender, <br />exchange, modification or substitution of any security for this Note or by way of any <br />extensions or extensions of time for the payment of this Note or by way of any extension <br />or extensions of time for the payment of principal and interest; and all such parties waive <br />(to the extent permitted by law) all and every kind of notice of such change or changes <br />and agree that the same may be made without notice or consent of any of them. <br />,r <br />