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201906785 term, the total amount of interest contracted for, charged or received to the time of such demand shall be spread, prorated or allocated along with any interest thereafter accruing over the full period of time that the Note thereafter remains unpaid for the purpose of determining if such interest exceeds the Maximum Lawful Amount. At maturity (including maturity due to Lender's acceleration of the Note) or on earlier final payment of the Note, Lender shall compute the total amount of interest that has been contracted for, charged or received by Lender or payable by Grantor under the Note and compare such amount to the Maximum Lawful Amount that could have been contracted for, charged or received by Lender. If such computation reflects that the total amount of interest that has been contracted for, charged or received by Lender or payable by Grantor exceeds the Maximum Lawful Amount, then Lender shall apply such excess to the reduction of the principal balance and not to the payment of interest; or if such excess interest exceeds the unpaid principal balance, such excess shall be refunded to Grantor, as appropriate. This provision concerning the crediting or refund or excess interest shall control and take precedence over all other agreements between Grantor and Lender so that under no circumstances shall the total interest contracted for, charged or received by Lender exceed the Maximum Lawful Amount. 11.15 PARTIAL INVALIDITY. In the event any portion of the sums intended to be secured by this Instrument cannot be lawfully secured hereby, payments in reduction of such sums shall be applied first to those portions not secured hereby. 11.16 CAPTIONS. The captions and headings of the Articles and Sections of this Instrument are for convenience only and are not to be used to interpret or define the terms and provisions of this Instrument. 11.17 JOINT AND SEVERAL. If Grantor consists of more than one party, the obligations of each party constituting Grantor to pay the Indebtedness and perform the Obligations shall be joint and several; and if the Obligated Party consists of more than one party, the obligations of each party constituting the Obligated Party to pay the Indebtedness and perform the Obligations shall be joint and several. 11.18 CERTAIN WAIVERS. Grantor hereby waives, to the extent permitted by applicable law, the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender or its agents or otherwise to offset any obligations to make the payments required by the Loan Documents. To the extent permitted by applicable law, no failure by Lender to perform any of its obligations hereunder shall be a valid defense to, or result in any offset against, any payments which Grantor is obligated to make under any of the Loan Documents. Without limiting any of the other provisions contained herein, Grantor hereby unconditionally and irrevocably waives, to the maximum extent not prohibited by applicable law, any rights it may have to claim or recover against Lender in any legal action or proceeding any special, exemplary, punitive or consequential damages. ARTICLE XII CROSS-DEFAULT/CROSS-COLLATERALIZATION 12.1 RELATED LOANS. As of the date hereof, in addition to the Note, LENDER is the holder of the following related loans: (a) that certain promissory note in the original principal amount of $4,350,000 executed by Borrower for the benefit of Lender dated as of November 30, 2010; (b) that certain promissory note in the original principal amount of $850,000 executed by Borrower for the benefit of Lender dated as of August 12, 2011; (c) that certain promissory note in the original principal amount of $722,500 executed by Borrower for the benefit of Lender dated as of May 4, 2011; (d) that certain promissory note in the original principal amount of $595,000 executed by Borrower for the benefit of Lender dated as of June 6, 2013; (e) that certain promissory note in the original principal amount of $425,500 executed by Borrower for the benefit of Lender dated as of September 17, 2013, (f) that certain promissory note in the original principal amount of $765,000.00 executed by Borrower for the benefit of 2932707_3 29