TO BE SO ACCEPTED, AND GRANTOR HEREBY RATIFIES AND
CONFIRMS EVERY ACT THAT TRUSTEE OR ANY SUBSTITUTE TRUSTEE HEREUNDER MAY LAWFULLY
DO IN THE PREMISES BY VIRTUE HEREOF.
4.8
BUSINESS LOANS.
GRANTOR COVENANTS AND AGREES THAT THE OBLIGATIONS
SECURED BY THIS DEED OF TRUST, AND THE PROCEEDS OF SUCH OBLIGATIONS, ARE FOR
BUSINESS PURPOSES ONLY AND THAT THE LOANS AND ADVANCES AND OTHER FINANCING
ACCOMMODATIONS MADE UNDER OR PURSUANT TO THE CREDIT AGREEMENT AND THE OTHER
CREDIT DOCUMENTS ARE "BUSINESS LOANS" WITHIN THE MEANING AND SCOPE OF V.A.M.S.
§§ 408.015(2) AND 408.035.
4.9
USURY.
NO PROVISION OF THE CREDIT DOCUMENTS SECURED HEREBY OR OF
THIS DEED OF TRUST, OR OTHER LOAN DOCUMENTS ISSUED IN CONJUNCTION HEREWITH SHALL
BE DEEMED TO REQUIRE PAYMENT OR PERMIT THE COLLECTION OF INTEREST IN EXCESS OF
THE MAXIMUM PERMITTED BY THE APPLICABLE LAW. IF ANY EXCESS OF THE INTEREST IN
SUCH RESPECT IS PROVIDED IN THIS DEED OF TRUST, THE OTHER CREDIT DOCUMENTS, OR
IN ANY OTHER LOAN DOCUMENTS, THE PROVISIONS OF THIS SECTION 4.9 SHALL GOVERN AND
NO PARTY OBLIGATED FOR THE OBLIGATIONS SECURED HEREBY SHALL BE OBLIGATED TO PAY
THE AMOUNT OF SUCH INTEREST TO THE EXTENT THAT IT IS IN EXCESS OF THE AMOUNT
PERMITTED BY LAW. IF IT IS ADJUDICATED THAT THE FEE OR OTHER CHARGE RELATED TO
THE OBLIGATIONS IS INTEREST, SUCH FEE OR OTHER CHARGE SO ADJUDICATED TO BE
INTEREST SHALL BE CONSIDERED AS INTEREST FOR THE LIFE OF THE OBLIGATIONS
COMMENCING FROM THE DATE HEREOF AND EXTENDING TO THE DUE DATE[S] OF THE
OBLIGATIONS SECURED HEREBY OR ANY EXTENSION OF SUCH DUE DATE[S].
4.10
FUTURE ADVANCES SECURED HEREBY.
THIS DEED OF TRUST HAS BEEN GIVEN
AND IS INTENDED TO SECURE THE FULL AND PROMPT PAYMENT AND PERFORMANCE OF THE
OBLIGATIONS AND ANY RENEWAL, EXTENSION, MODIFICATION OR REPLACEMENT OF ANY OF
THE OBLIGATIONS. WITH RESPECT TO
29
FUTURE ADVANCES, THIS DEED OF TRUST SHALL BE GOVERNED BY SECTION 443.055,
MISSOURI REVISED STATUTES, AND SHALL SECURE ALL FUTURE ADVANCES MADE HEREUNDER
AND SUCH FUTURE ADVANCES SHALL BE ENTITLED TO THE BENEFITS OF SECTION 443.055,
MISSOURI REVISED STATUTES. THE TOTAL PRINCIPAL AMOUNT OF THE OBLIGATIONS WHICH
ARE SECURED HEREBY IS $35,500,000 OR SUCH LESSER AMOUNT AS SET FORTH IN THE
CREDIT AGREEMENT, PLUS INTEREST, COSTS AND EXPENSES.
4.11
WAIVER OF JURY TRIAL.
GRANTOR HEREBY WAIVES TRIAL BY JURY IN ANY
LITIGATION IN ANY COURT WITH RESPECT TO, IN CONNECTION WITH, OR ARISING OUT OF
THIS DEED OF TRUST OR THE OTHER CREDIT DOCUMENTS.
4.12
ASSIGNMENT.
THE DEED OF TRUST IS ASSIGNABLE BY BENEFICIARY AND ANY
ASSIGNMENT HEREOF BY BENEFICIARY SHALL OPERATE TO VEST IN THE ASSIGNEE ALL
RIGHTS AND POWERS HEREIN CONFERRED UPON AND GRANTED TO BENEFICIARY.
4.13
COUNTERPARTS.
THE DEED OF TRUST MAY BE EXECUTED IN ANY NUMBER OF
COUNTERPARTS, EACH OF WHICH SHALL BE AN ORIGINAL, BUT ALL OF WHICH TOGETHER
SHALL CONSTITUTE BUT ONE INSTRUMENT.
4.14
APPLICABLE LAW.
THE DEED OF TRUST SHALL BE GOVERNED BY AND
CONSTRUED ACCORDING TO THE LAWS OF THE STATE OF MISSOURI.