FILED: NEW YORK COUNTY CLERK 06/15/2021 05:21 PM
`FILED: NEW YORK COUNTY CLERK 061112021 05:21 P I
`NYSCEF DOC. NO.
`4
`NYSCEF DOC. NO. 4
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`INDEX NO. 653832/2021
`INDEX NO- 653832/2021
`RECEIVED NYSCEF: 06/15/2021
`RECEIVED NYSCEF: 06/15/2021
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`EXHIBIT B
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`EXHIBIT B
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`FILED: NEW YORK COUNTY CLERK 06/15/2021 05:21 PM
`NYSCEF DOC. NO. 4
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`INDEX NO. 653832/2021
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`RECEIVED NYSCEF: 06/15/2021
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`PROMISSORY NOTE
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`$18,000,000.00
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`New York, New York
`August 24, 2018
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`FOR VALUE RECEIVED, the undersigned, HASCAP INVESTMENTS TRUST II, a
`Delaware statutory trust (together with its successors and permitted assigns, “Borrower”), whose
`address for all purposes hereunder is 33 North LaSalle Street, Suite 1000, Chicago, Illinois
`60602, hereby unconditionally promises to pay to the order of METROPOLITAN PARTNERS
`GROUP LLC, a Delaware limited liability company (together with all of its successors and
`assigns, “Lender”) at 70 East 55th Street, New York, New York 10022, for the account of Lender
`and in accordance with the provisions of the Loan Agreement, of even date herewith, between
`Borrower and Lender, as amended, modified or supplemented from time to time (the “Loan
`Agreement”), in lawful money of the United States of America and in immediately available
`funds, the principal sum of Eighteen Million Dollars ($18,000,000.00), or, if less, the aggregate
`unpaid principal amount of the Loan (as defined in the Loan Agreement) made by Lender to
`Borrower. This Promissory Note (“Note”) is referred to in and was executed and delivered
`pursuant to the Loan Agreement, to which reference is hereby made for a statement of the terms
`and conditions under which the loans evidenced hereby were made and are to be repaid. All
`terms which are capitalized and used herein (which are not otherwise specifically defined herein)
`and which are defined in the Loan Agreement shall be used in this Note as defined in the Loan
`Agreement.
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`Borrower further promises to pay interest at said office on the unpaid principal amount
`hereof from time to time outstanding at the rates and on the dates specified in the Loan
`Agreement. Interest shall be calculated on the basis of a 365/366 day year for the actual number
`of days elapsed.
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`The principal amount hereof may not be prepaid at any time in whole or in part, except as
`provided in the Loan Agreement.
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`Upon and after the occurrence of an Event of Default or as otherwise provided in the
`Loan Agreement, this Note may, as provided in the Loan Agreement, and without prior demand,
`notice or legal process of any kind (except as otherwise expressly required in the Loan
`Agreement), be declared, and thereupon immediately shall become, due and payable. This Note
`shall also become immediately due and payable upon the termination of the Loan Agreement.
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`Borrower, and all endorsers and other persons obligated hereon, hereby waive
`presentment, demand, protest, notice of demand, notice of protest and notice of nonpayment and
`agree to pay all costs of collection, including reasonable attorneys’ fees and expenses.
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`This Note is secured by certain Liens created in favor of Lender under the Loan
`Documents.
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`THIS NOTE SHALL BE DEEMED TO HAVE BEEN MADE AND TO BE
`PERFORMABLE IN THE STATE OF NEW YORK AND SHALL BE GOVERNED BY, AND
`CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAWS OF THE
`STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CONFLICTS OF LAW
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`FILED: NEW YORK COUNTY CLERK 06/15/2021 05:21 PM
`NYSCEF DOC. NO. 4
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`INDEX NO. 653832/2021
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`RECEIVED NYSCEF: 06/15/2021
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`PRINCIPLES THAT MIGHT REFER THE GOVERNANCE, CONSTRUCTION OR
`INTERPRETATION OF THIS AGREEMENT TO THE LAWS OF ANOTHER
`JURISDICTION.
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`Whenever possible each provision of this Note shall be interpreted in such manner as to
`be effective and valid under applicable law, but if any provision of this Note shall be prohibited
`by or invalid under applicable law, such provision shall be ineffective to the extent of such
`prohibition or invalidity, without invalidating the remainder of such provision or the remaining
`provisions of this Note.
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`Whenever in this Note reference is made to Lender or Borrower, such reference shall be
`deemed to include, as applicable, a reference to their respective successors and assigns. The
`provisions of this Note shall be binding upon and shall inure to the benefit of said successors and
`assigns. Borrower’s successors and assigns shall include, without limitation, a receiver, trustee
`or debtor in possession of or for Borrower.
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`2
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`FILED: NEW YORK COUNTY CLERK 06/15/2021 05:21 PM
`NYSCEF DOC. NO. 4
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`INDEX NO. 653832/2021
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`RECEIVED NYSCEF: 06/15/2021
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`INVESTMENTS
`HASCAP
`HAS Capital
`By:
`Administrator
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`Advisors,
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`TRUST
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`LLC,
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`II
`Its
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`By:
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`Na
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`:
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`Skchen
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`A.
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`0Jhee.\er
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`tie:
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`Ch
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`Vryton
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