exhibit 10. 21 promissory note $ 30, 500, 000. 00 november 28, 2001 for value received, and upon the terms and conditions set forth herein, locke sovran i l. l. c., a new york limited liability company having an address at 6467 main street, buffalo, new york 14221 ( “ borrower ” ), promises to pay to the order of gmac commercial mortgage corporation, a california corporation ( “ lender ” ), at lender ’ s office located at 200 witmer road, p. o. box 809, horsham, pennsylvania 19044 - 0809, attn : servicing — accounting manager, or at such other place as lender may designate to borrower in writing from time to time, the principal sum of thirty million five hundred thousand and 00 / 100 dollars ( $ 30, 500, 000. 00 ), or so much thereof as is outstanding and unpaid, together with interest thereon at the rate of seven and eight - tenths percent ( 7. 8 % ) per annum ( “ interest rate ” ), in lawful money of the united states of america, which, at the time of payment, shall be legal tender in payment of all debts and dues, public and private. 1. computation of interest. interest under this note shall be paid in arrears and shall be calculated based on a 360 - day year and paid for the actual number of days elapsed for any whole or partial month in which interest is being calculated. interest shall accrue from the date on which funds are advanced ( regardless of the time of day such advance is made ) through and including the day on which funds are repaid, unless payment is received by lender prior to the time set forth in section 2. 03 hereof. 2. payment of principal and interest. 2. 01 principal and interest payments. borrower shall pay principal and interest due under this note as follows : borrower shall pay consecutive monthly installments of principal and interest in the amount of $ 219, 560. 50 ( each a “ monthly amount ” ), beginning on the fifth day of january, 2002, and continuing on the fifth day of each and every successive month thereafter ( each a “ payment date ” ) through and including the payment date immediately prior to the maturity date ( as defined below ) ; and on the fifth day of december, 2011 ( “ maturity date ” ),