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22. Legal Tender. This Note is negotiable and is payable in lawful money of the <br /> United States of America which shall be legal tender in payment of all debts and dues, public and <br /> private, at the time of payment. <br /> 23. Successors and Assigns. The obligations of Maker hereunder shall be binding <br /> upon Maker and Maker's successors, assigns and legal representatives (the reference to "Maker" <br /> in this Note shall be deemed to include, without limitation, such successors, assigns and legal <br /> representatives) and shall inure to the benefit of Issuer and Issuer's successors, assigns and legal <br /> representatives (the reference to "Issuer" in this Note shall be deemed to include, without <br /> limitation, such successors, assigns and legal representatives, including, without limitation, any <br /> subsequent holder of this Note); provided however, that this Note cannot be assigned by Maker <br /> without the prior written consent of Issuer, and any such assignment or attempted assignment by <br /> Maker shall be void and of no effect with respect to Issuer. <br /> 24. Joint and Several Obligations. The obligations, agreements and covenants of the <br /> persons or entities constituting Maker hereunder are joint and several and unconditional. <br /> 25. Governing Law. This Note is delivered to Issuer in the State of Indiana and is <br /> executed under and shall be governed by and construed in accordance with the laws of the State <br /> of Indiana, notwithstanding that Indiana conflicts of law rules might otherwise require the <br /> substantive rules of law of another jurisdiction to apply. <br /> 26. Time of the Essence. Time is of the essence with respect to each obligation and <br /> agreement of Maker under this Note. <br /> 27. Invalidity of Any Provision. If any provision (or portion thereof) of this Note or <br /> the application thereof to any person or circumstance shall to any extent be invalid or <br /> unenforceable, then the remainder of this Note or the application of such provision (or portion <br /> thereof) to any other person or circumstance shall be valid and enforceable to the fullest extent <br /> permitted by law. <br /> 28. Commercial Purpose. Maker represents that the indebtedness evidenced by this <br /> Note is being incurred by Maker solely for the purpose of carrying on a business or commercial <br /> enterprise, and not for personal, family or household purposes. Maker represents to Issuer that <br /> this Note evidences a business loan exempt from the Federal Truth in Lending Act (15 USC <br /> 1601, et seq.), and Regulations G, U, X and Z of the Board of Governors of the Federal Reserve <br /> System. <br /> 29. Continuing Enforcement. If, after receipt of any payment of all or any part of this <br /> Note, Issuer is compelled or agrees, for settlement purposes, to surrender such payment to any <br /> person or entity for any reason (including, without limitation, a determination that such payment <br /> is void or voidable as a preference or fraudulent conveyance, an impermissible setoff, or a <br /> diversion of trust funds), then this Note and the other Loan Documents shall continue in full <br /> force and effect or be reinstated, as the case may be, and Maker shall be liable for, and shall <br /> indemnify, defend and hold harmless Issuer with respect to, the full amount so surrendered. The <br /> provisions of this section shall survive the cancellation or termination of this Note and shall <br /> remain effective notwithstanding the payment of the obligations evidenced hereby, the release of <br /> 12 <br />