JURY TRIAL.
GRANTOR AND LENDER EACH WAIVES ANY RIGHT TO A TRIAL
BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS (i) UNDER
THIS DEED OF TRUST OR ANY RELATED DOCUMENT OR UNDER ANY AMENDMENT, INSTRUMENT,
DOCUMENT OR AGREEMENT WHICH MAY IN THE FUTURE BE DELIVERED IN CONNECTION
HEREWITH OR ANY RELATED DOCUMENT OR (ii) ARISING FROM ANY BANKING RELATIONSHIP
EXISTING IN CONNECTION HEREWITH, AND AGREES THAT ANY SUCH ACTION OR PROCEEDING
WILL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY.
GRANTOR AGREES THAT IT WILL
NOT ASSERT ANY CLAIM AGAINST LENDER OR ANY OTHER PERSON INDEMNIFIED UNDER THIS
DEED OF TRUST ON ANY THEORY OF LIABILITY FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
INCIDENTAL OR PUNITIVE DAMAGES.
DEED OF TRUST - PAGE 19
SOVEREIGN BANK - LAZARUS REFINING & MARKETING, LLC
10.15 PATRIOT ACT NOTICE.
LENDER HEREBY NOTIFIES GRANTOR AND EACH GUARANTOR
THAT PURSUANT TO THE REQUIREMENTS OF THE USA PATRIOT ACT, 31 U.S.C. § 5318 (THE
"ACT"), IT IS REQUIRED TO OBTAIN, VERIFY AND RECORD INFORMATION THAT IDENTIFIES
GRANTOR AND EACH GUARANTOR, WHICH INFORMATION INCLUDES THE NAME AND ADDRESS OF
GRANTOR AND EACH GUARANTOR AND OTHER INFORMATION THAT WILL ALLOW SUCH LENDER TO
IDENTIFY GRANTOR AND EACH GUARANTOR IN ACCORDANCE WITH THE ACT.
10.16 FACT ACT CERTIFICATION.
Grantor hereby acknowledges that Lender may
report information about the Indebtedness of Grantor to credit bureaus.
Late
payments, missed payments or other defaults on the Indebtedness may be reflected
in Grantor's credit report.
10.17 INCORPORATION OF NOTICE OF FINAL AGREEMENT.
It is the intention of
Grantor, Guarantor and Lender that the following NOTICE OF FINAL AGREEMENT be
incorporated by reference into each of the Loan Documents (as the same may be
amended, modified or restated from time to time).
Grantor, Guarantor and Lender
warrant and represent that the entire agreement made and existing by or among
Grantor, Guarantor and Lender with respect to the Indebtedness is and shall be
contained within the Loan Documents, and that no agreements or promises exist or
shall exist by or among, Grantor, Guarantor and Lender that are not reflected in
the Loan Documents.
NOTICE OF FINAL AGREEMENT
THIS DEED OF TRUST AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT
BETWEEN THE PARTIES, AND THE SAME MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR,
CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS BETWEEN THE PARTIES.
THERE ARE NO
UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
NOTICE OF INDEMNIFICATION
GRANTOR HEREBY ACKNOWLEDGES AND AGREES THAT THIS DEED OF TRUST CONTAINS CERTAIN
INDEMNIFICATION PROVISIONS (INCLUDING, WITHOUT LIMITATION, THOSE CONTAINED IN
SECTIONS 4.07 AND 9.05 HEREOF) WHICH, IN CERTAIN CIRCUMSTANCES, COULD INCLUDE AN
INDEMNIFICATION BY GRANTOR OF LENDER FROM CLAIMS OR LOSSES ARISING AS A RESULT
OF LENDER'S OWN NEGLIGENCE.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
DEED OF TRUST - PAGE 20
SOVEREIGN BANK - LAZARUS REFINING & MARKETING, LLC
EXECUTED as of the date of the acknowledgement below, but to be effective as of
the date first written above.
GRANTOR:
LAZARUS TEXAS REFINERY