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defenses based on release of security, extension of time or other indulgence given in <br /> respect to payment of this Note, to whomsoever given, and further waive all defenses, <br /> . generally, except the defense of actual payment of this Note according to its tenor. <br /> This Note is a recourse Note. <br /> J. If any sums due under this Note are not paid when due, Maker hereby <br /> covenants and agrees to pay all Holder's costs and expenses of collection, whether by <br /> suit or otherwise, at any time or from time to time incurred, including Holder's <br /> reasonable attorneys' fees. <br /> • <br /> K. Subject to the foregoing, the terms of this Note shall be binding upon <br /> and inure to the benefit of the respective heirs, successors in interest and assigns of <br /> Maker and Holder. <br /> L. Time is of the essence with respect to each and every provision hereof. <br /> If any provision hereof is found to be invalid or unenforceable by a court of <br /> competent jurisdiction, the invalidity thereof shall not affect the enforceability of the <br /> • <br /> remaining provisions of this Note. <br /> "Maker" <br /> Anthony A. Batarse, Jr., Trustee <br /> Batarse Family Trust, U.TA., <br /> dated May 7, 1437 <br /> • <br /> • <br /> J:\wPD\csi..\ 136\ AGREE W W OMALL\PROMNO 10.02 <br /> LMS:rja <br /> • <br /> • <br /> Promissory Note Page 4 of 4 <br /> Automall <br /> October 2, 1996 <br />