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prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff
<br />all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to
<br />administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights
<br />provided in this paragraph.
<br />LINE OF CREDIT. This Note evidences a revolving line of credit. Advances under this Note, as well as
<br />directions for payment from Borrower's accounts, may be requested orally or in writing by Borrower or by
<br />an authorized person. Lender may, but need not, require that all oral requests be confirmed in writing.
<br />Borrower agrees to be liable for all sums: (a) advanced in accordance with the instructions of an authorized
<br />person or (b) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on
<br />this Note at any time may be evidenced by endorsements on this Note or by Lender's internal records,
<br />including daily computer printouts. Lender will have no obligation to advance funds under this Note if: (a)
<br />Borrower is in default under the terms of this Note or any agreement that Borrower has with Lender,
<br />including any agreement made in connection with the signing of this Note; (b) Borrower ceases doing
<br />business or is insolvent; (c) Borrower has applied funds provided pursuant to this Note for purposes other
<br />than those authorized by Lender; or (d) Lender in good faith believes itself insecure. This revolving line
<br />of credit shall not be subject to Section 346 of the Texas Finance Code.
<br />SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's
<br />successors and assigns, and shall inure to the benefit of Lender, its successors and assigns.
<br />NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING
<br />AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer
<br />reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the
<br />following address: Capital One, N.A., P. O. Box 152407, Irving, Texas 75015..
<br />GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest
<br />of the Note. Borrower does not agree or intend to pay, and Lender does not agree or intend to contract for,
<br />charge, collect, take, reserve or receive (collectively referred to herein as "charge or collect"), any amount
<br />in the nature of interest or in the nature of a fee for this loan, which would in any way or event (including
<br />demand, prepayment, or acceleration) cause Lender to charge or collect more for this loan than the maximum
<br />Lender would be permitted to charge or collect by Federal law or the law of the State of Texas (as
<br />applicable). Any such excess interest or unauthorized fee shall, instead of anything stated to the contrary,
<br />be applied first to reduce the principal balance of this loan, and when the principal has been paid in full, be
<br />refunded to Borrower. The right to accelerate maturity of sums due under this Note does not include the right
<br />to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Lender does
<br />not intend to charge or collect any unearned interest in the event of acceleration. All sums paid or agreed
<br />to be paid to Lender for the use, forbearance or detention of sums due hereunder shall, to the extent permitted
<br />by applicable law, be amortized, prorated, allocated and spread throughout the full term of the loan evidenced
<br />by this Note until payment in full so that the rate or amount of interest on account of the loan evidenced
<br />hereby does not exceed the applicable usury ceiling. Lender may delay or forgo enforcing any of its rights
<br />or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or
<br />endorses this Note, to the extent allowed by law, waive presentment, demand for payment, notice of
<br />dishonor, notice of intent to accelerate the maturity of this Note, and notice of acceleration of the maturity
<br />of this Note. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing,
<br />no party who signs this Note, whether as maker, guarantor, accommodation maker or endarser, shall be
<br />released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any
<br />length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or
<br />perfect Lender's security interest in the collateral without the consent of or notice to anyone. All such parties
<br />also agree that Lender may modify this loan only with the consent of and notice to Borrower. The
<br />obligations under this Note are joint and several.
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