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 ; 6:04PM ; COPY CENTER-I 21e2842397;#20 right either to require prompt payment when due of all other sums payable hereunder or to declare a default for failure to make prompt payment. 14. This Note shall be governed by the laws of the State of Indiana, except to the extent that federal usury laws may be applicable. 15. All agreements between Maker and Holder are expressly limited so that in no event whatsoever shall the amount paid or agreed to be paid to Holder for the use, forbearance or detention of the money to be advanced hereunder in accordance with the Security Documents exceed the highest lawful rate permissible under applicable law, it being the intent of Holder and Maker in the execution hereof and of the Security Documents to contract in strict accordance with applicable usury laws. If any obligation under this Note or under any Security Document shall involve transcending the usury limit prescribed by applicable law, then IRAQ Aga the obligation to be fulfilled shall be reduced to such limit, and if from any circumstance Holder shall receive as interest an amount which would exceed the highest lawful rate allowable under applicable law, such amount which would be excessive interest shall be applied to the reduction of the unpaid principal balance due hereunder and not to the payment of interest, or if such excessive interest exceeds the unpaid principal balance, the excess shall be refunded to Borrower. This provision shall control every other provision of all agreements between Maker and Holder. 16. Notwithstanding anything to the contrary contained herein or in any instrument securing this Note, except as set forth in paragraph 7 hereof and this paragraph, neither Maher nor the partners of Maker shall have any personal liability for the payments of principal, interest and prepayment premium (if any) on this Note and Holder agrees not to seek any damages or personal money or deficiency judgment against Maker or the partners of Maker and will look solely to the security granted by the Security Documents and any guaranty given in connection herewith. Nothing herein contained shall limit or be construed to limit the personal liability and obligations of Maker or the partners of Maker to the extent that, after the occurrence of an event of default or an event which with the giving of notice or passage of time or both would be a default, Maker or its partners collect any rents, issues or profits of the Project(as defined in the Loan Agreement), and do not apply the same to normal operating expenses of the Project (including rental payments under any ground lease) or to any payments due under this Note. Such obligations or payments shall include but are not limited to the payment of taxes and insurance premiums, the payment to Holder of any rents, income and profits collected by Maker and becoming due after the default of Maker, security deposits, condemnation proceeds or insurance proceeds which Maker receives and to which Holder is entitled pursuant to the terms of the Security Documents, and any and all advances made by Holder for the account of Maker for the satisfaction of Maker's obligations under the Security Documents. Holder shall not be limited in any way in enforcing such personal liability and obligation of Maker and the partners of Maker. Nothing herein contained shall be construed to prevent Holder from exercising and enforcing any other remedy allowed at law or equity or allowed by any statute or by the Security Documents except to the extent such remedy would require the payment of sums by Maker or the partners of Maker the liability for which has been exculpated above, including without - 5 -