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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 />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 />remaining provisions of this Note. <br />"Maker" <br />Anthony A. Batarse, Jr., Trustee <br />Batarse Family Trust, U.TA., <br />dated May 7, 1 c 9 7 <br />J:\WPD\CSL\136\AGREE\AUTOMALL\PROMNOIO.02 <br />LMS:r a <br />Promissory Note Page 4 of 4 <br />Automall <br />October 2, 1996 <br />