| Borrower: |
Stationers,
Inc. |
Lender: |
First Sentry
Bank |
| |
P.O
Box 2167 |
|
P.O. Box
2107 |
| |
Huntington, WV
25701 |
|
823
8 th Street |
| |
|
|
Huntington, WV
25721 |
Principal
Amount: $1,000,000.00 Initial Rate:
4.000% Date of Note: 4-7-2004
PROMISE
TO PAY. Stationers, Inc. (“Borrower”) promises to
pay to FIRST SENTRY BANK (“Lender”), or order, in
lawful money of the United States of America, the principal amount
of One Million & 00/100 Dollars ($1,000,000.00) or so much as
may be outstanding, together with interest on the unpaid
outstanding principal balance of each advance. Interest shall
be calculated from the date of each advance until repayment of each
advance.
PAYMENT. Borrower will pay
this loan in one payment of all outstanding principal plus all
accrued unpaid interest on October 7, 2005. In addition,
Borrower will pay regular monthly payments of all accrued unpaid
interest due as of each payment date, beginning May 7, 2004, with
all subsequent interest payments to be due on the same day of each
month after that. Unless otherwise agreed or required by
applicable law, payments will be applied first to any unpaid
collection costs; then to any late charges; then to any accrued
unpaid interest; and then to principal. The annual interest rate
for the Note is computed on a 365/360 basis; that is, by applying
the ratio of annual interest rate over a year of 360 days,
multiplied by the outstanding principal balance, multiplied by the
actual number of days the principal balance is outstanding Borrower
will pay Lender at Lender's address shown above or at such other
place as Lender may designate in writing.
VARIABLE
INTEREST RATE. The interest rate on this Note is subject
to change from time to time based on changes in an independent
index which is the Prime Rate as published in the Wall Street
Journal (the “index”). The index is not
necessarily the lowest rate charged by Lender on its loans.
If the Index becomes unavailable during the term of this loan,
Lender may designate a substitute index after notice to
Borrower. Linder will tell Borrower the current index rate
upon Borrower’s request. The interest rate change will
not occur more often than each day. Borrower understands that
Lender may make loans based on other rates as well. The
Index currently is 4.000% per annum. The interest rate to be
applied to the unpaid principal balance of this Note will be at a
rate equal to the index, resulting in an initial rate of 4.000% per
annum. NOTICE: Under no circumstances will interest rate
on this Note be more than the maximum rate allowed by applicable
law.
PREPAYMENT. Borrower
may pay without penalty all or portion of the amount owed 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 of accrued unpaid interest.
Rather, early payments will reduce the principal balance due.
Borrower agrees not to send Lender payments marked “paid in
full”, “without recourse”, or similar
language. If Borrower sends such a payment, Lender may accept
it without losing any of Lender’s rights under this Note, and
Borrower will remain obligated to pay any further amount owed to
Lender. All written communications concerning disputed
amounts, including any check or other payment instrument that
indicates that the payment constitutes “payment if
full” of the amount owed or that is tendered with other
conditions or limitations or as full satisfaction of a disputed
amount must be mailed or delivered to FIRST SENTRY BANK, P.O. BOX
2107, HUNTINGTON, WV 25721.
LATE
CHARGE. If a payment is 10 days or more late, Borrower
will be charged $25.00.
INTEREST
AFTER DEFAULT. Upon default, including failure to pay
upon final maturity, the total sum due under this Note will bear
interest from the date of acceleration or maturity at the variable
interest rate on this Note. The interest rate will not exceed
the maximum rate permitted by applicable law.
DEFAULT. Each of the
following shall constitute an event of default (“Event of
Default”) under this Note.