THE PARTIES FURTHER AGREE THAT THEIR
RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF THIS SECTION AS TO
ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART,
TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT OR ANY OTHER LOAN
DOCUMENT OR ANY PROVISION HEREOF OR THEREOF.
THIS WAIVER SHALL APPLY TO ANY
SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO THIS AGREEMENT
AND ANY OTHER LOAN DOCUMENTS.
Section 11.23 CONSEQUENTIAL DAMAGES.
NEITHER THE BORROWER, THE ADMINISTRATIVE
AGENT NOR ANY LENDER SHALL HAVE ANY LIABILITY WITH RESPECT TO, AND EACH SUCH
PERSON HEREBY WAIVES, RELEASES AND AGREES NOT TO SUE EACH OTHER SUCH PERSON FOR,
ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES SUFFERED BY SUCH OTHER PERSON IN
CONNECTION WITH ANY CLAIM RELATED TO THE LOAN DOCUMENTS OR THE TRANSACTIONS
CONTEMPLATED HEREIN.
Section 11.24 ENTIRE AGREEMENT.
THE NOTES, THIS AGREEMENT, AND THE OTHER LOAN
DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES HERETO AND THERETO
AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT
ORAL AGREEMENTS OF THE PARTIES.
THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN
THE PARTIES.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly
executed as of the date first above written.
BORROWER:
M/I
FINANCIAL CORP.,
an Ohio corporation
Borrower's Address
3 Easton Oval
Columbus, Ohio 43219
Attention:
Phillip G. Creek
Fax:
(614) 418-8080
Telephone:
(614) 418-8011
By:
Phillip G. Creek
Chief Financial Officer and Treasurer
STATE OF OHIO
§
§
COUNTY OF
FRANKLIN
§
Before me, the undersigned notary public, on this ___ day of May, 2008,
personally appeared Phillip G. Creek, the Chief Financial Officer and Treasurer
of M/I Financial Corp., an Ohio corporation, known to me (or proved to me by the
production of a driver's license as identification) to be the person whose name
is subscribed to the foregoing instrument and acknowledged to me that he
executed the same on behalf of said corporation for the purposes and
consideration therein expressed.
Notary Public - State of Ohio
My Commission
Expires:
__________________________________________
______________________
Printed
Name of Notary
ADMINISTRATIVE
AGENT:
GUARANTY
BANK,
a Federal savings bank
Address
8333 Douglas Avenue, 11th Floor
Dallas, Texas 75225
Attention:
Ross Evans
Fax:
(214) 360-4892
Tel:
(214) 360-2672
By:
Name:
Title:
LENDER:
GUARANTY
BANK,
a Federal savings bank,
Address
as a
Lender
8333 Douglas Avenue, 11th Floor
Dallas, Texas 75225
Attention:
Ross Evans
Fax:
(214) 360-4892
Tel:
(214) 360-2672
By:
Name:
Title: