In no event shall the interest charged under this Note be in excess of the legal maximum rate of interest (if any) allowed by applicable law, as such applicable law now exists or as such applicable law may be changed in the future, and, in the event that interest is charged at a rate in excess of the maximum rate allowed, any excess sums collected hereunder shall be applied as a reduction of principal, it being the intent of the Maker and the Payee that the Maker shall pay no more and the Payee shall collect no more than the sums allowed using a lawful rate of interest.

InIt is the intention of Payee and Maker to comply strictly with any applicable usury laws; and, accordingly, in no event and upon no contingency shall the interest charged underholder of this Note ever be in excess of the legal maximum rate ofentitled to receive, collect, or apply as interest (if any) allowed by applicable law, as such applicable law now existsany interest, fees, charges or as such applicable law may be changed in the future, and, in the event that interest is charged at a rateother payments equivalent to interest, in excess of the maximum effective contract rate allowed,which Payee may lawfully charge under applicable statutes and laws from time to time in effect; and in the event that the holder hereof ever receives, collects, or applies as interest any excess sums collected hereundersuch excess, such amount which, but for this provision, would be excessive interest, shall be applied as ato the reduction of principal, it being the intentprincipal amount of the indebtedness evidenced by this Note; and if the principal amount of the indebtedness evidenced by this Note, all lawful interest thereon and all lawful fees and charges in connection therewith, are paid in full, any remaining excess shall forthwith be paid to Maker, or other party lawfully entitled thereto. All interest paid or agreed to be paid by Maker shall, to the maximum extent permitted under applicable law, be amortized, prorated, allocated and spread throughout the Payeefull period until payment in full of the principal so that the interest hereon for such full period shall not exceed the maximum amount permitted by applicable law. Any provision hereof, or of any other agreement between the holder hereof and Maker, that operates to bind, obligate, or compel Maker to pay interest in excess of such maximum effective contract rate shall pay no morebe construed to require the payment of the maximum rate only. The provisions of this paragraph shall be given precedence over any other provision contained in this Note or in any other agreement between the holder of this Note and Maker that is in conflict with the Payee shall collect no more than the sums allowed using a lawful rateprovisions of interest.this paragraph.

In no event shall the interest chargedrate or rates payable under this NoteNote, plus any other amounts paid in connection herewith, exceed the highest rate permissible under any law that a court of competent jurisdiction shall, in a final determination, deem applicable. Borrower and Lender intend legally to agree upon the rate or rates of interest (and the other amounts paid in connection herewith) and manner of payment stated within this Note; provided, however, that anything contained herein to the contrary notwithstanding, if said interest rate or rates of interest (or other amounts paid in ·connection herewith) or the manner of payment exceeds the maximum allowable under applicable law, then, ipso facto as of the date of this Note, Borrower is and shall be liable only for the payment of such maximum as allowed by law, and payment received from Borrower in excess of thesuch legal maximum rate of interest (if any) allowed by applicable law, as such applicable law now exists or as such applicable law may be changed in the future, and, in the event that interest is charged at a rate in excess of the maximum rate allowed, any excess sums collected hereundermaximum, whenever received, shall be applied as a reductionto reduce the principal balance of principal, it beingthis Note to the intentextent of the Maker and the Payee that the Maker shall pay no more and the Payee shall collect no more than the sums allowed using a lawful rate of interest.such excess.

It is the interest charged under this Note be in excessintention of the legal maximum rateparties hereto to comply with the usury laws applicable to this loan if any, accordingly it is agreed that notwithstanding any provision to the contrary in this Promissory Note or in any of interest (if any) allowed by applicable law, asthe documents securing payment hereof no such applicable law now existsprovision shall require the payment or as such applicable law may be changed inpermit the future, and, in the event thatcollection of interest is charged at a rate in excess of the maximum rate allowed,permitted by law. If any excess sumsof interest is provided for, contracted for, charged for or received, then the provisions of this paragraph shall govern and control and neither the Maker hereof nor any other party liable for the payment hereof shall be obligated to pay the amount of such excess interest. Any such excess interest which may have been collected hereunder shall bebe, at the Holder's option, either applied as a credit against the then unpaid principal amount hereof or refunded to Maker. The effective rate of interest shall be automatically subject to reduction of principal, it beingto the intentmaximum lawful contract rate allowed under the usury laws as now or hereafter construed. It is further agreed that without limitation of the Makerforegoing, all calculations of the rate of interest contracted for, charged for, or received under this Promissory Note which are made for the purposes of determining whether such rate exceeds the maximum lawful rate, shall be made, to the extent permitted by law, by amortizing, prorating, allocating and spreading in equal parts during the Payee thatfull stated term of this Note, all interest contracted for, charged for or received from the Maker shall pay no more andor otherwise by the Payee shall collect no more than the sums allowed using a lawful rate of interest.Note Holder.

Maximum Lawful Rate. In no event shall the amount of interest charged under this Notedue or payments in the nature of interest payable hereunder exceed the maximum non-usurious interest permitted by applicable law (the “Maximum Lawful Rate”). If from any possible construction of any document or from receipt of anything of value by the Holder, interest would otherwise be payable in excess of the legal maximum rateMaximum Lawful Rate, any such construction or receipt shall be subject to the provisions of this paragraph and such document shall be automatically reformed and the interest (if any) allowed by applicable law, as such applicable law now existspayable shall be automatically reduced to the Maximum Lawful Rate, without the necessity of execution of any amendment or as such applicable law may be changed in the future, and, in the event thatnew document, and any interest is charged at a rate in excess of the maximum rate allowed, any excess sums collected hereunderMaximum Lawful Rate shall be applied as ato the reduction of principal, it being the intent ofprincipal amount owing under this Note, or refunded to the MakerIssuer or other payor thereof if and to the Payee that the Maker shall pay no more and the Payee shall collect no more than the sums allowed using a lawful rate of interest.extent such excessive amount exceeds such unpaid principal amount.

Maximum Legal Rate. It is the intent of the ​ and Borrower that in no event shall the interest charged under this Note be in excess of the legal maximum rate of interest (if any) allowed by applicable law, as such applicable law now exists or as such applicable law may be changed in the future, and, in the event that interest is chargedpayable at a rate in excess of the maximum rate allowed,permitted by applicable law (the “Maximum Legal Rate”). Solely to the extent necessary to prevent interest under this Note from exceeding the Maximum Legal Rate, Borrower agrees that any excess sums collected hereunderamount that would be treated as excessive under a final judicial interpretation of applicable law shall be applied asdeemed to have been a reduction of principal, it beingmistake and automatically canceled, and, if received by the intent of the Maker and the Payee that the Maker​, shall pay no more and the Payee shall collect no more than the sums allowed using a lawful rate ofbe refunded to Borrower, without interest.

It is not intended hereby to charge interest charged under this Note be in excess of the legal maximum rate of interest (if any) allowed by applicable law, as such applicable law now exists or as such applicable law may be changed in the future, and, in the event that interest is charged at a rate in excess of the maximum legal rate allowed,of interest permitted to be charged under applicable law, but if, nevertheless, interest in excess of such rate shall be paid, then the rate imposed shall be reduced to such maximum legal rate and if, from any excess sums collected hereundercircumstance, Lender shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be deemed excessive interest shall be applied as ato the reduction of principal, it being the intentoutstanding principal balance hereunder when otherwise due and payable under the loan evidenced hereby (the “Loan”) pursuant to the Loan Documents and not to the payment of interest (and if no amounts are due and payable, same shall be held as additional collateral for the Maker and the Payee that the Maker shall pay no more and the Payee shall collect no more than the sums allowed using a lawful rate of interest.Loan).

In no event shall the interest chargedrate and other charges under this Note beexceed the highest rate permissible under any law that a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that a court determines that Lender has received interest and other charges under this Note in excess of the legal maximumhighest permissible rate of interest (if any) allowed by applicable law, ashereto, such applicable law now exists or as such applicable law may be changed in the future, and, in the event that interest is charged at a rate in excess of the maximum rate allowed, any excess sums collected hereunder shall be deemed received on account of, and shall automatically be applied as a reduction of principal, it beingto reduce, the intent of the Makeroutstanding principal amount hereunder and the Payee thatprovisions thereof shall be deemed amended to provide for the Makerhighest permissible rate. If there is no outstanding principal amount under this Note, Lender shall pay no more andrefund such excess to the Payee shall collect no more than the sums allowed using a lawful rate of interest.Company.

No provision of this Note be in excessshall require the payment or permit the collection of the legal maximum rate of interest (if any) allowed by applicable law, as suchinterest, including any fees paid which are construed under applicable law now exists or as such applicable law mayto be changed in the future, and, in the event that interest is charged at a rateinterest, in excess of the maximum rate allowed,permitted by law. If any such excess sumsinterest is collected hereunderor herein provided for, or shall be applied as a reductionadjudicated to have been collected or be so provided for herein, the provisions of principal,this paragraph shall govern, and Borrower shall not be obligated to pay the amount of such interest to the extent that it being the intentis in excess of the Maker andamount permitted by law. Any such excess collected shall, at the Payee thatoption of Lender, unless otherwise required by applicable law, be immediately refunded to Borrower or credited on the Maker shall pay no more andprincipal of this Note immediately upon Lender's awareness of the Payee shall collect no more than the sums allowed using a lawful ratecollection of interest.such excess.

Intent to Limit Charges to Maximum Lawful Rate. In no event shall the interest chargedrate or rates payable under this NoteAgreement, plus any other amounts paid in connection herewith, exceed the highest rate permissible under any law that a court of competent jurisdiction shall, in a final determination, deem applicable. Borrowers and the Lender Group, in executing and delivering this Agreement, intend legally to agree upon the rate or rates of interest and manner of payment stated within it; provided, that anything contained herein to the contrary notwithstanding, if such rate or rates of interest or manner of payment exceeds the maximum allowable under applicable law, then, ipso facto, as of the date of this Agreement, Borrowers are and shall be liable only for the payment of such maximum amount as is allowed by law, and payment received from Borrowers in excess of thesuch legal maximum rate of interest (if any) allowed by applicable law, as such applicable law now exists or as such applicable law may be changed in the future, and, in the event that interest is charged at a rate in excess of the maximum rate allowed, any excess sums collected hereundermaximum, whenever received, shall be applied as a reduction of principal, it beingto reduce the intentprincipal balance of the Maker andObligations to the Payee that the Maker shall pay no more and the Payee shall collect no more than the sums allowed using a lawful rateextent of interest.such excess.