Amended and Restated Draw Promissory Note between Triad Senior Living IV, L.P. and Capital Senior Living Properties, Inc.

Summary

Triad Senior Living IV, L.P. promises to pay Capital Senior Living Properties, Inc. up to $10,000,000, with principal due by March 31, 2008, and interest at 8% per year, payable at maturity. If not paid on time, the interest rate increases to 12% per year. The note can be prepaid without penalty. If collection is required, Triad agrees to pay reasonable attorney fees. The agreement amends a previous note and includes standard waivers of notice and defenses for the borrower and guarantors.

EX-10.113 14 d04242exv10w113.txt AMENDED/RESTATED DRAW PROMISSORY NOTE EXHIBIT 10.113 AMENDED AND RESTATED DRAW PROMISSORY NOTE Amount: $10,000,000.00 Date: February 1, 2003 FOR VALUE RECEIVED, the undersigned, promises to pay to Capital Senior Living Properties, Inc., a Texas corporation, the sum draw down up to Ten Million and No/100 Dollars ($10,000,000.00), the principal due March 31, 2008 and simple interest due on maturity at the rate of eight percent (8.0%) per annum, both principal and interest payable at office at 14160 Dallas Parkway, Suite 300, Dallas, Texas 75240. This note amends and restates the Amended and Restated Draw Promissory Note dated November 8, 2002, between Maker and Capital Senior Living Properties, Inc. All past due principal and interest shall bear interest from maturity at the rate of twelve percent (12%) per annum. This note may be prepaid without penalty. Failure to pay any installment of principal and interest, or any other part thereof, when due shall, at the election of the holder and without notice, mature the whole note and it shall at once become due and payable. It is hereby specifically agreed that if this note is placed in the hands of an attorney for collection, or if collected by suit or through the Probate Court or any other legal proceedings, the undersigned agrees to pay reasonable attorneys' fees. All makers, endorsers, sureties and guarantors hereby waive presentment for payment of this note, notice of nonpayment, protest, notice of protest, diligence, or any notice of, or defense on account of, any extension, extensions, renewal, renewals, or change in any manner of or in this note, or in any of its terms, provisions or covenants, or of any delay, indulgence or other act of any holder of the aforesaid note. TRIAD SENIOR LIVING IV, L.P., a Texas limited partnership By: Triad Partners IV, Inc., Its General Partner BY: /s/ Blake N. Fail ---------------------------- TITLE: President -------------------------