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85-: 001024 <br />011 Sales Agreement dated as of April 1, 1984 among SURCO and the <br />undersigned, as amended and restated pursuant to the Amended and <br />Restated Letter Agreement - Pester Crude 011 Sales Agreement dated <br />as of May 1, 1984 (the "Crude Oil Sales Agreement "), between SURCO <br />and the undersigned. Payment of this Promissory Note is secured <br />by the Security Agreement dated as of April 1, 1984, as amended <br />(the "Security Agreement "), from each of the Pester Group (as <br />defined in the Intercreditor Agreement) to SURCO and by the Mort- <br />gages aade as of the date of execution thereof, as amended (the <br />"Morta s "), between Pester Marketing Company and SURCO and <br />Pester 7lefining and SURCO. The lien of the Security Agreement and <br />the Mortgages is second and junior to the lien of the Bank Group <br />in the Bank Group Security (as defined in the Intercreditor Agree- <br />ment) in accordance with the terms and provisions of the Intercreditor <br />Agreement. Payment of all principal and interest on this Promissory <br />Note is guaranteed jointly and severally by the members of the <br />Pester Group (as defined in the Intercreditor Agreement), other <br />than Pester Refining, pursuant to the Guaranty Agreement dated as <br />of January 1, 1985. <br />This Promissory Note is subject to mandatory and optional prepayments <br />all in accordance with the terms and conditions of the Intercreditor <br />Agreement with respect to optional and mandatory prepayment. <br />The undersigned and all endorsers, sureties and guarantors of this <br />Promissory Note hereby severally waive demand, presentment for <br />payment, notice of non - payment, protest and notice of dishonor. <br />The undersigned and all endorsers, sureties and guarantors severally <br />agree that this Promissory Note may be renewed, or the maturity or <br />time for payment extended, from time to time, even though greater <br />than the original term hereof, as SURCO may determine without <br />affecting or reducing the liability of the undersigned or any <br />endorser, surety or guarantor hereof. In the event of any such <br />extension or renewal, all rights against the undersigned and against <br />all endorsers, sureties and guarantors are specifically reserved. <br />Any of the events described in Section 1.9 of the Intercreditor <br />Agreement shall constitute a "Default" hereunder. When any Default <br />has happened and is continuing, the holder of this Promissory Note <br />may, without notice, declare the entire principal and all interest <br />accrued on this Promissory Note to be, and all principal and accrued <br />interest on this Promissory Note shall thereupon become, forthwith <br />due and payable, without any presentment, demand, protest or other <br />notice of any kind, all of which are hereby expressly waived. <br />No course of dealing on the part of any holder hereof nor any delay <br />or failure on the part of any holder to exercise any right shall <br />operate as a waiver of such right or otherwise prejudice such <br />holder's rights, powers and remedies. The undersigned further <br />agrees, to the extent permitted by law, to pay to the holder hereof <br />all costa and expenses incurred in the collection of this Promissory <br />Note upon any default hereunder including reasonable compensation <br />to such holder's attorneys for all services rendered in connection <br />therewith. <br />Na <br />Im <br />:e <br />