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::>=-'-u,,~, ...v,,~.:.. ." 1../1 ,v 2. \Iv'aive:r. ~e:ither del:!y in e:~erci<;c nor parÙa\ ex.erci-..: of any of Secured P:!rty's remedie:s or rights shall ""'al'e further e:~e:rcl~ of tho~ reme:dies or rights. Se:cun:d Party's failure: to c::r.e:rci~ remedie:s or rights doc:s not .....aive subse4ue:nt e;l;erCl~ of tho~ re:me:dies or rights. Secure:d Party"S .....aiver of any gdault doc:s not ....aive further default. Secure:d P:!rty's waiver of any right in thiS agreeme:nt or of any default is binding only if it is in ....rÜìng. Secured Party may remed) any default.... ithout waiving it. 3. Re:imburse:me:nt. If Oe:btor fails to perform any of Oebtor's obligations. Secure:d Party may p<:rform those: obligations and b: re:imbursed by Debtor on de:mand at the: place: where the note is payable for any sums so paid. including 4ttO~)"s fees and other legal e;l;pen~s. plus inte:rest on tho~ sums from the: date:s of paym<nt at the rate stated in the: note: for mature:d, unpaid amounts. The sum to b: reimburs...-d shall b: ~cured by this ~curity agree:me:nt. 4. Interest Rate. Inte:re:st include:d in the: obligation shall no< exceed the: maximum amount of nonusurious interest that may be: contr;¡,cted for. taken. reserved. charged. or recei,,'ed under law; any interest in e;l;cesS of that ma"imum amount shall be: credited to the principal of the: obligation or. if that has been paid. refunded. On any accderation or required or permitted prcpay~nt of the: obligatioo. any such c:....ceSS shal1 be: cancc:Ic:d automatically as of the: accderation or prepayment or. if already paid. credite:d on the principal amount of the obligation or. if the principal amount has been paid. refunded. This provision overrides other provisions in this and al1 other instrume:nts concerning the obligation. 5. ~icdificalÍons. So provisions of this agrc:ement shall be modified or limited e:"cept by written agreement. 6. Severability. The: unenforceability of any provision of this agreement wi!! not affect the enforceability or validity of any other provision. 7. After-Acquired Consumer Goods. This ~curity interest shall attach to after-acquired consumer goods only to the extent permitted by law. 8. Applicable Law. This agreement will be construed according to Texas laws. 9. Place of Performance. This agrC":.me:nt is to be performed in the county of Secured Party's mailing address. 10. Financing Statement. A carbon. photographic. or other reproduction of this agreement or any financing statement co,,'cring th.:: collateral is sufficient as a financing state:ment. II. Presumption of Truth and Validitj'. If the: collateral is sold after default. recitals in the bilt of sale: or transfer will b:: prima facie evidence of their truth. and alt prerequisit.::s to the: sale: specified by this agreement and by chapter 9 of the Tex.as Business and Commerce Code will be presumed satisfied. 12. Singular and Plural. When the context requi.rc:s. singular nouns and pronouns include tf1e plural. 13. Priority of Security Interest. This ~curity interest shall neither affect nor be: affected by any other ~curity for any of the obligation. Neither extensions of any of the obligation nor relc:ases of any of the collateral will affect the priority or validity of this security interest with reference to any third persDn. 14. Cumulative Remedies. Foreclosure of this security interest by suit docs not limit Secured Party's remedies. including the right to ~ll the collateral under the terms of this agreement. All remedies of Secured Party may be: exen:i~d at the: same or different times. and no remedy shall be a dc:fen~ to any other. Secured Party's rights and remedies include all tho~ granted by law or othc:rwi~. in addition to thOSl: specified in this agreement. 15. Agency. D:btor's appointment of Secured Party as Debtor's agent is coupled with an interest and will survive any disability of Debtor. 16. Attachments Incorporated. The addendum indicatcd b:low is attach<:d to this a~ment and incorporated into it for all purposes: ( ) addendum relating to accounts. in,,'entory. documents. chattc:! paper. and general intangiblc:s ( ) addendum relating to inStIuments CITY OF SAN HARCOS X-SQUEEZE t-'lE!. JUICE, INC. b 4! b"-r ôÞ; ~--------- Secure Party , ~ De~bØ:- ~ Larry D. Gilley ~£f C. Jorgenson City Manager President 0 tqq~ S7ATE SA'- OF T'£XAS .- '-'