03-08-10 Special Called Regular Meeting of the Fiscal Affairs Committee minutes

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3.3 If an Event of Default exists under this Note, before exercising any of Lender's remedies under this Note or the Deed of Trust, Lender shall first give Borrower written notice of default at Borrower's Mailing Address and Borrower will have ten (10) days after such notice is received to cure the default. In the event that this Section 3.3 conflicts with any other provision in this Note, this Section 3.3 will control. Article IV MISCELLANEOUS 4.1 Interest on the debt evidenced by this Note will not exceed the maximum rate or amount of non usurious interest that may be contracted for, taken, reserved, charged, or received under law. Any interest in excess ofthat maximum amount will be credited on the Principal Amount or, if the Principal Amount has been paid, refunded. On any acceleration or required or permitted prepayment, any excess interest will be canceled automatically as of the acceleration or prepayment or, ifthe excess interest has already been paid, credited on the Principal Amount or, if the Principal Amount has been paid, refunded. This provision overrides any conflicting provisions in this Note and all other instruments concerning the debt. 4.2 Whenever a period of time in this Note is prescribed for action to be taken by Borrower, Borrower will be liable or responsible for, and there will be excluded from the computation of any corresponding deadline, any delays due to strikes, riots, acts of God, shortages of labor or materials, war, government laws, regulations or restrictions or any other causes of any kind whatsoever which are beyond the reasonable control of Borrower. 4.3 The section and paragraph headings, titles and captions used in this Note are for convenience only and do not limit or amplify the provisions hereof. 4.4 Lender and Borrower each acknowledge that he has participated in the drafting of this Note, that this Note will not be construed against either party because it was the drafter, and that any rule of construction requiring that any provision of this Note be construed against a particular party because of that party's status as the drafter of the provision will be not be applicable to this Note. 4.5 When the context requires, singular nouns and pronouns include the plural. 4.6 This note will be construed under the laws of the State of Texas, without regard to choice-of-law rules of any jurisdiction. To the maximum extent permitted by law, venue for all purposes will be the Harris County, Texas. Page -3-