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except that if the Lenders, or either of them, shall have made additional advances under the terms of the Loan Documents and such advances shall not have been repaid, any moneys received by the Lenders pursuant to the provisions hereof, shall be applied first to the repayment of such advances and interest thereon and the balance, if any, shall be applied as aforesaid. 9. Application of Overpayments. If at any time the Borrower shall have paid interest hereunder in an amount greater than the amount then due, such excess amount shall be credited on the payment next due hereunder. 10. Borrower's Waiver. The Borrower hereby waives (a) notice of late charges, (b) diligence in taking any action to collect any sums owing under the Note or diligence in proceeding against any of the rights and interests in and to properties securing payment of the Note, (c) presentment for payment, demand, protest, and notices of dishonor and of protest, (d) the benefits of all waivable exemptions, and (e) all defenses and pleas on the grounds of any extension or extensions of the time of payment or of any due date under this Note, in whole or in part, whether before or after maturity and with or without notice. 11. Attorney's Fees. The Borrower hereby agrees to pay all costs and expenses, including reasonable attorney's fees, which may be incurred by Lenders, or either of them, in the enforcement of this Note, the other Loan Documents or any term or provision thereof. 12. Default Under Other Loan Documents and Acceleration. All covenants, conditions and agreements contained in the Deed of Trust, Regulatory Agreement, and the other Loan Documents are hereby made a part of this Note, and the Borrower agrees that the unpaid balance of the then principal amount of this Note, together with all accrued interest thereon and charges owing, shall, at the option of the Lenders or, if so provided in any Loan Document executed by the Borrower, shall automatically, become immediately due and payable, and thereafter until paid bear interest at the rate of ten percent (10 %) per annum or, if lesser, at the maximum rate permitted by law, upon the failure of the Borrower to make any payment hereunder as and when due (the "Default Rate "); upon the failure of the Borrower to perform or observe any other term or provision of this Note, or upon the occurrence of any event (whether termed default, event of default or similar term) which under the terms of the Deed of Trust, Regulatory Agreement, or of the other Loan Documents shall entitle the Lenders to exercise rights or remedies thereunder. 13. Notices. Except as may be otherwise specifically provided herein, any approval, notice, direction, consent, request or other action by the Lenders shall be in writing and CHFA 51P.MBIA.PN RIDGE VIEW(02 /05/90) Q02400 -4-