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1/,p/ �!M ton rerrj'tr.��5 i - yr<d a'Yo PROMISSORY NOTE F EXHIBIT A C- 200205692 r principal - Loan Date $365;000.00 11 -03 200 I Maturify 11-01 -2005 I Loan IsIll:'. No Call A - :Collateral 3 Account ,- 562325 Officer:! Initials 1 80 References in (he shouted area are for Lentler's use only and du not limit the applicability of this document to any particular loan or item. Borrower DOLPHIN ENTERPRISES NEBRASKA, LLC (TIN- Lender: Five Points Bank �Q 48- 1237099); ET. AL. Mel. Bank 2197 W 2ND ST. 2015 North BrOatlWell '' GRAND ISLAND, NE 651103-53111 Grand Islantl, NE 68802 Principal Amount: $385,000.00 Interest Rate: 9.850% Date of Note: November 3, 2000 PROMISE TO PAY. DOLPHIN ENTERPRISES NEBRASKA, LLC, AHMED M KAMAL, SABEDA BEGUM, MOHAMMAD SALAH UDDIN and JAINAL A CHOWDHURY (referred to In this Note Individually and collectively As "Borrower") jointly and severally promise to pay to Five Points Bank ( "Lender'), or order, in lawful money of the United States of America.. the principal amount of Three Hundred Eighty Five Thousand OF 001100 Dollars (S385,000.00), together With Interest at the rate of 9.1350% per annum on the unpaid principal balance from November 3, 2000, until paid in full. PAYMENT. Borrower will pay this loan on demand, or If no demand Is made, In 59 regular payments of $4,098.98 each and one irregular last payment estimated at $316,279.36. Borrower's first payment Is due December 1, 2000, and all subsequent payments are due on the some day of each month after that. Borrower's final payment due November 1, 2005, will be far all principal and all accrued interest not yet paid. Payments Include principal and interest. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid interest then to principal, and any remaining amount to any unpaid collection costs and late charges. PREPAYMENT; MINIMUM INTEREST CHARGE. In any event, even upon full prepayment of this Note, Borrower understands that Lender is entitled to a minimum Interest charge of $10.00. Other than Borrower's obligation to pay any minimum interest charge, Borrower may pay without penalty all or a portion of the amount awed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal balance due and may result in Borrower making fewer payments. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5pa9% of the regularly scheduled payment or $5.00, whichever is greater. DEFAULT. Borrower will be in default if any of the following happens: (a) Borrower fails to make any payment when due. (b) Borrower breaks any promise Borrower has made to Lender, or Borrower fails to comply with or to perform when due any other term, obligation, covenant, or condition contained in this Note or any agreement related to this Note, or in any other agreement or loan Borrower has with Lender. (c) Any representation or statement made or furnished to Lender by Borrower or on Bomower's behalf is false or misleading in any material respect either now or at the time made or furnished. (d) Borrower dissolves (regardless of whether election to continue is made), any member withdraws from Borrower, any member dies, or any of the members or Borrower becomes Insolvent, a receiver is appended for any pad of Borrower's property, Burrower makes an assignment for the benefit of creditors, or any proceeding is commenced either by Borrower or against Borrower under any bankruptcy or insolvency laws. (a) Anv creditor tries to lake any of Borrower's properly on or in which Lender has a lien or security interest. This includes a garnishment of any of Borrower's accounts with Lender. (f) Any guarantor dies or any of the other events described in this default section occurs with respect to any guarantor of this Note. (g) A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. (h) Lender in good faith deems itself insecure. LENDER'S RIGHTS. Upon default, Lentler may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon default, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the interest rate on this Note to 19.000% per annum. The interest rate will not exceed the maximum rate permitted by applicable law. Lender may hire or pay someone else to help collect this Note if Borrower does not pay, Borrower also will pay Lender that amount. This includes, subject to any limit under applicable law, Lender's attorneys' fees and Lender's legal expanses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post - judgment collection services. If not prohibited by applicable law, Borrower also will pay any court casts, in addition to all other sums provided by law. This Note has been delivered io Lender and accepted by Lender In the State of Nebraska. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County, the State of Nebraska, This Note shall be governed by and construed in accmdence with the laws of the Slats at Nebraska. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $12.00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored. RIGHT OF SETOFF. Borrower grants to Lender a contractual security interest in, and hereby assigns, conveys, delivers, pledges, and transfers to Lender all Borrower's right, title and interest in and to, Borrower's accounts with Lender (whether checking, savings, or some other account), including without limitat!on all accounts held jointly with someone else and all accounts Borrower may open in the future, excluding however all IRA and Keogh accounts, and all trust accounts for which the grant 0 a security interest would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on this Note against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided on this paragraph. COLLATERAL. This Nola is secured by DEED OF TRUST DATED 11 -03 -2000 AND SECURITY AGREEMENT DATED 11 -03 -2070, GENERAL PROVISIONS. This Note Is payable on tlemand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's right to declare payment of this Note on its demand. Lender may delay or forgo enforcing any of its rights or rematlies under this Note without losing them. Each Borrower understands and agrees that with or without notice to Borrower, Lender may with respect to any other Borrows- (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the indebtedness, (c) exchange, enforce, waive, subordinate, fall or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any nonjudicial sale permitted by the terms of the controlling security, agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guano ms on any terms or In any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other borrower. Borrower and aev other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor, Upon any change is the terms of this Note, antl unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, arc rmandation maker or endorser, shall be released from liability. All such carries agree that Lender may renew or extend (repeatedly and for any length of lime) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security, interest in the collateral;