Authorizing the city Amend Documents Relating to its economic development refunding revenue bond series 1983

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SENT BY: ICE MILLER . :10-26-92 ; 6:02P11 : COPY CENTER- 2192642397; 19 encumbering certain real and personal property located in the City of South Bend, State of Indiana, and by any other instruments, now or hereafter executed by Maker in favor of Holder, which in any manner constitute additional security for this Note and are issued pursuant to a Loan Agreement and Bond Purchase Agreement, dated as of August 1, 1983, as amended by the First Amendment to Loan Agreement and Bond Purchase Agreement dated as of September 1, 1992 (all of which are hereinafter called the "Security Documents"). This Note is secured by a Capital Expense Escrow of even date herewith. Holder shall have the right, to apply all or a portion of the proceeds of said Capital Expense Escrow to the outstanding principal balance hereunder. 10. It is agreed that time is of the essence in the performance of all obligations hereunder and under the Security Documents. If Maker shall fail to make any payment hereunder within fifteen (15) days after the same shall be due, or if the Maker should default in the performance or observance of any of the terms, agreements, covenants or conditions contained in the Security Documents, then, following any applicable cure period, or at any time thereafter, the entire principal balance of this Note, irrespective of the maturity date specified herein, together with the then accrued interest thereon, and to the extent permitted by law the prepayment premium, shall, at the election of the Holder hereof, and without notice of such election, become immediately due and payable and the entire principal balance with accrued interest thereon shall thereafter until paid bear interest at a rate of five percent (5%) in excess of the interest rate then applicable hereunder. 11. All makers, endorsers, guarantors and sureties hereof jointly and severally waive presentment, protest and notice of dishonor; and they also jointly ad severally hereby consent to any and all renewals, extensions or modifications of the terms hereof, including the terms or times for payment; and further agree that any such renewal, extension or modification of the terms hereof or times for payment or of the terms of any of the Security Documents or the release or substitution of any security for the indebtedness evidenced hereby or any other indulgences shall not otherwise affect the liability of any of said parties for the indebtedness evidenced by this Note. Any such renewals, extensions or modifications may be made without notice to any of said parties. 12. This Note shall be the joint and several obligation of all makers,endorsers (except the City of South Bend, Indiana), guarantors, and sureties, and shall be binding upon them and their'successors and assigns. All makers, endorsers (except the City of South Bend, Indiana), guarantors, and sureties hereof agree jointly and severally to pay all costs of collection and of suit and foreclosure, including reasonable attorneys' fees. This paragraph 12 is subject to the terms and provisions of paragraph 16 hereof. 13. Any forbearance of Holder in exercising any right or remedy hereunder or under the Security Documents, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedy. The acceptance by Holder of payment of any such amount payable hereunder after the due date of such payment shall not be a waiver of Holder's - 4 -