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4C CONTROLS INC. PROMISSORY
NOTE US$ [_______][_____ __,
200_]
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1.
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FOR VALUE RECEIVED, 4C Controls Inc. , a
Nevada corporation (the "Borrower"), hereby promises to pay to the
order of Rudana Investment Group AG
("Lender") , at such time, place and in such manner as Lender
may specify in writing, the principal amount of
[___________] (US$_[___]) (the
"Principal") pursuant to the terms and conditions specified herein
(this “Note”). The Borrower shall pay interest on the
outstanding principal of this Note at the annual rate of [__]% per
annum, calculated based on a year of 365 days and actual days
elapsed (the “Interest”).
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2.
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The Borrower hereby promises to pay to the order of the Lender
the Principal and all Interest due thereon within thirty calendar
(30) days upon delivery to the Company of written demand by the
Lender (the “Due Date”), at such place and in such
manner as Lender may specify in writing.
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3.
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Any and all fees, costs, expenses and disbursements charged by
financial institutions with respect to wire transfer or other
transmittal charges incurred in connection with delivery of the
Principal from the Lender to the Borrower shall be deemed to have
been received by the Borrower from the Lender and all such amounts
shall be included in the calculation of Principal hereunder.
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4.
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This Note shall not be transferable by Borrower and the Borrower
may not assign, transfer or sell all or a portion of its rights and
interests to and under this Note to any persons and any such
purported transfer shall be void ab initio. The Lender may transfer
and assign this Note at its sole discretion.
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5.
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The failure at any time of the Lender to exercise any of its
options or any other rights hereunder shall not constitute a waiver
thereof, nor shall it be a bar to the exercise of any of its
options or rights at a later date. All rights and remedies of the
Lender shall be cumulative and may be pursued singly, successively
or together, at the option of the Lender. The acceptance by the
Lender of any partial payment shall not constitute a waiver of any
default or of any of the Lender's rights under this Note. No waiver
of any of its rights hereunder, and no modification or amendment of
this Note, shall be deemed to be made by the Lender unless the same
shall be in writing, duly signed on behalf of the Lender; and each
such waiver shall apply only with respect to the specific instance
involved, and shall in no way impair the rights of the Lender in
any other respect at any other time.
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6.
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Any term or condition of this Note may be waived at any time by
the party that is entitled to the benefit thereof, but no such
waiver shall be effective unless set forth in a written instrument
duly executed by or on behalf of the party waiving such term or
condition.
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Page 1 of 4
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4C Controls Inc.
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Promissory Note
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7.
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The Borrower represents and warrants that this Note is the valid
and binding obligation of the Borrower, fully enforceable in
accordance with its terms. The execution and delivery by the
Borrower of this Note, the performance by the Borrower of its
obligations hereunder and the consummation of the transactions
contemplated hereby and thereby does not and will not: (a) conflict
with or result in a violation or breach of any of the terms,
conditions or provisions of the Borrower’s charter
instruments; (b) conflict with or result in a violation or breach
of any term or provision of any law or order applicable to the
Borrower or any of its assets and properties; or (c) (i) conflict
with or result in a violation or breach of, or (ii) result in or
give to any person any rights or create any additional or increased
liability of the Borrower under or create or impose any lien upon,
the Borrower or any of its assets and properties under, any
contract or permit to which the Borrower is a party or by which its
assets and properties are bound.
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8.
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If any provision of this Note is held to be illegal, invalid or
unenforceable under any present or future Law, and if the rights or
obligations of any party hereto under this Note will not be
materially and adversely affected thereby, (i) such provision will
be fully severable; (ii) this Note will be construed and enforced
as if such illegal, invalid or unenforceable provision had never
comprised a part hereof; (iii) the remaining provisions of this
Note will remain in full force and effect and will not be affected
by the illegal, invalid or unenforceable provision or by its
severance here from; and (iv) in lieu of such illegal, invalid or
unenforceable provision, there will be added automatically as a
part of this Note a legal, valid and enforceable provision as
similar in terms to such illegal, invalid or unenforceable
provision as may be possible.
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9.
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Any notice, authorization, request or demand required or
permitted to be given hereunder shall be in writing and shall be
deemed to have been duly given two days after it is sent by an
internationally recognized delivery service to the address of
record of the Lender or the
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