Blackwell Sanders LLP
190 Carondelet Plaza, Suite 600
St. Louis, Missouri 63105
Attention: Edward J. Lieberman, Esq.
Facsimile No.: (314) 480-1505
Such notices and communications shall be deemed delivered upon receipt (or
refusal to accept delivery) provided that all notices and communications sent by
facsimile shall also be evidenced by the facsimile machine's confirmation
identifying the recipient's facsimile number and transmission and provided
further that all notices or other communications sent by facsimile shall also
delivered by another means permitted by under this Section.
10.4
NO ORAL AMENDMENTS.
NEITHER THIS AGREEMENT NOR ANY PROVISION
HEREOF MAY BE CHANGED, WAIVED, DISCHARGED OR TERMINATED ORALLY, BUT ONLY BY AN
INSTRUMENT IN WRITING SIGNED BY THE PARTY AGAINST WHOM ENFORCEMENT OF THE
CHANGE, WAIVER, DISCHARGE OR TERMINATION IS SOUGHT.
10.5
ADDITIONAL REMEDIES.
THE REMEDIES HEREIN PROVIDED SHALL BE IN
ADDITION TO AND NOT IN SUBSTITUTION FOR THE RIGHTS AND REMEDIES WHICH WOULD
OTHERWISE BE VESTED IN LENDER IN ANY LOAN DOCUMENT OR IN LAW OR EQUITY, ALL OF
WHICH RIGHTS AND REMEDIES ARE SPECIFICALLY RESERVED BY LENDER.
THE REMEDIES
HEREIN PROVIDED OR OTHERWISE AVAILABLE TO LENDER SHALL BE CUMULATIVE AND MAY BE
EXERCISED CONCURRENTLY.
THE FAILURE TO EXERCISE ANY OF THE REMEDIES HEREIN
PROVIDED SHALL NOT CONSTITUTE A WAIVER THEREOF NOR SHALL USE OF ANY OF THE
REMEDIES HEREBY PROVIDED PREVENT THE SUBSEQUENT OR CONCURRENT RESORT TO ANY
OTHER REMEDY OR REMEDIES.
IT IS INTENDED THAT ALL REMEDIES HEREIN PROVIDED FOR
OR OTHERWISE AVAILABLE TO LENDER SHALL CONTINUE AND BE EACH AND ALL AVAILABLE TO
LENDER UNTIL ALL SUMS DUE IT BY REASON OF THIS AGREEMENT HAVE BEEN PAID TO IT IN
FULL AND ALL OBLIGATIONS INCURRED BY IT IN CONNECTION WITH THE CONSTRUCTION OR
OPERATION OF THE IMPROVEMENTS HAVE BEEN FULLY DISCHARGED WITHOUT LOSS OR DAMAGE
TO LENDER.
10.6
NO PARTNER.
LENDER IS NOT A PARTNER WITH BORROWER OR ANY OTHER
PARTY IN THE BUILDING OF THE IMPROVEMENTS.
LENDER SHALL NOT IN ANY WAY BE
LIABLE OR RESPONSIBLE BY REASON OF THE PROVISIONS HEREOF, OR OTHERWISE, FOR THE
PAYMENT OF ANY CLAIMS GROWING OUT OF THE OPERATION OF ANY IMPROVEMENTS.
10.7
THE COLLATERAL DOCUMENTS AS SECURITY.
THE COLLATERAL DOCUMENTS
SHALL CONSTITUTE SECURITY FOR ALL MONIES ADVANCED BY LENDER AND ALL OBLIGATIONS
INCURRED BY LENDER IN EXCESS OF THE LOANS ADVANCED OR INCURRED BY LENDER
PURSUANT TO THE AUTHORITY OF THIS AGREEMENT; AND ALL SUCH MONIES ADVANCED AND
OBLIGATIONS INCURRED SHALL CONSTITUTE A LIEN UPON BORROWER'S
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INTEREST IN THE PROPERTY AND IMPROVEMENTS SECURED BY THE COLLATERAL DOCUMENTS
AND RECOVERY THEREFORE MAY BE HAD BY LENDER UPON THE COLLATERAL DOCUMENTS IN
ADDITION TO ALL OTHER REMEDIES HEREIN GRANTED TO LENDER.
10.8
USURY SAVINGS.
NOTWITHSTANDING ANY PROVISION HEREIN OR IN ANY
OTHER LOAN DOCUMENT, THE TOTAL LIABILITY OF BORROWER FOR ANY PAYMENTS OF
INTEREST OR IN THE NATURE OF INTEREST SHALL NOT EXCEED THE LIMITS IMPOSED BY THE
USURY LAWS OF THE STATE OF MISSOURI.
IN THE EVENT THAT SUCH PAYMENT IS PAID BY
BORROWER OR RECEIVED BY LENDER, THEN SUCH EXCESS SUM