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SENT BY: ICE MILLER ;10-26-92 ; 5:59PM ; COPY CENTER- • 2192842397;#17 <br /> 3. At the option of the Holder exercisable at any time during the term of this Note, <br /> payments due under this Note may be required to be paid by wire transfer or other immediately <br /> available funds satisfactory to Holder. <br /> 4. If any payment under this Note is not paid within five calendar days after the date <br /> payment is due, then Maker shall pay to Holder a late charge of five percent (5%) of such <br /> payment. If any payment under this Note is not paid within fifteen (15) days after the date <br /> payment is due, then the entire principal balance of this Note shall bear interest from the due <br /> date of such late payment until such late payment is paid at a rate of five percent (5%) per <br /> annum in excess of the interest rate then applicable hereunder. The late charge and excess <br /> interest shall be due and payable immediately without demand. The receipt or acceptance by <br /> Holder of the late charge or excess interest shall be without prejudice to its rights to declare a <br /> default hereunder and shall not constitute a waiver of Holder's right to either require prompt <br /> payment when due of all sums payable hereunder or to declare a default for failure to make <br /> prompt payment. <br /> 5. From and after the date hereof, Maker shall not have any right except as <br /> otherwise specifically provided, to prepay all or a portion of the principal balance of this Note <br /> until September 1, 1993. Commencing with September 1, 1993, on any payment date thereafter <br /> and with at least sixty(60)days' prior written notice to Holder thereof, additional payments may <br /> be made by Maker which will be credited to installments of principal in the inverse order of <br /> maturity and shall be noted on Exhibit A hereto. Any prepaid amounts specified in such prior <br /> written notice together with the applicable prepayment premium shall become due and payable <br /> at the time provided in said notice. In the event of such prepayment either in full or in part a <br /> premium of 5% of the amount so prepaid shall be charged during the loan year commencing <br /> September 1, 1993 and ending August 31, 1994. Such premium shall decrease by one-half <br /> percent ('h%) per year thereafter until a premium of one percent (1%) is reached, which <br /> premium shall continue until maturity. To the extent permitted by law, such prepayment <br /> premium shall also be payable if the loan is prepaid following an acceleration after default, <br /> provided that if the principal sum is so prepaid prior to September 1, 1993, the premium payable <br /> in respect thereof shall be an amount equal to ten percent (10%) of the principal sum prepaid. <br /> There shall be no prepayment premium payable if the principal sum is prepaid with casualty <br /> insurance proceeds or condemnation awards. <br /> 6. Notwithstanding the foregoing, upon at least six (6) months written notice to ° <br /> Maker, Holder shall, at its sole option, have the right to call for payment in full of the principal <br /> balance of this Note plus accrued interest, with no prepayment premium, on August 31, 1993, <br /> August 31, 1999, August 31, 2003, and August 31, 2008. Under no circumstances shall this <br /> paragraph be construed to make this Note one which is payable on demand except after such <br /> demand has been made and such six (6) months' notice period expired. <br /> 7. If holder receives notice of a Determination of Taxability(as hereinafter defined), <br /> then the rate of interest then payable under this Note shall automatically be increased by two and <br /> one-half percent (2l %)per annum, effective as of the date of receipt by Holder of such notice, <br /> - 2 - <br />