V. REMEDIES. No delay or omission on part of the holder of this Note in exercising any
right hereunder shall operate as a waiver of any such right or of any other right of such
holder, nor shall any delay, omission or waiver on any one occasion be deemed a bar to or
waiver of the same or any other right on any future occasion. The rights and remedies of
the Lender shall be cumulative and may be pursued singly, successively, or together, in the
sole discretion of the Lender.
VI. EVENTS OF ACCELERATION. The occurrence of any of the following shall constitute
an "Event of Acceleration" by the Lender under this Note:
(a) Borrower’s failure to pay any part of the principal or interest as and when
due under this Note; or
(b) Borrower’s becoming insolvent or not paying its debts as they become due.
VII. ACCELERATION. Upon the occurrence of an Event of Acceleration under this Note,
and in addition to any other rights and remedies that Lender’s may have, Lender shall have
the right, at its sole and exclusive option, to declare this Note immediately due and
payable.
VIII. SUBORDINATION. The Borrower’s obligations under this Promissory Note are
subordinated to all indebtedness, if any, of the Borrower, to any unrelated third party lender
to the extent such indebtedness is outstanding on the date of this Note and such
subordination is required under the loan documents providing for such indebtedness.
IX. WAIVERS BY BORROWER. All parties to this Note including the Borrower and any
sureties, endorsers, and guarantors hereby waive protest, presentment, notice of dishonor,
and notice of acceleration of maturity and agree to continue to remain bound for the
payment of principal, interest and all other sums due under this Note notwithstanding any
change or changes by way of release, surrender, exchange, modification or substitution of
any security for this Note or by way of any extension or extensions of time for the payment
of principal and interest; and all such parties waive all and every kind of notice of such
change or changes and agree that the same may be made without notice or consent of any
of them.