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8333721v2 <br /> <br /> <br /> 5 <br /> <br />to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy <br />as to a subsequent event. <br />15. This Note has been issued without registration under state or federal or other <br />securities laws, pursuant to an exemption for such issuance; and accordingly this Note may not <br />be assigned or transferred in whole or part, nor may a participation interest in this Note be given <br />pursuant to any participation agreement, except to another "accredited investor" or "financial <br />institution" in accordance with an applicable exemption from such registration requirements and <br />with full and accurate disclosure of all material facts to the prospective purchaser(s) or <br />transferee(s). <br />16. This Note is a "qualified tax-exempt obligation" under Section 265(b) of the <br />Internal Revenue Code of 1986, as amended. <br />IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts and things <br />required to exist to happen and to be performed precedent to or in the issuance of this Note do <br />exist, have happened and have been performed in regular and due form as required by law.