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<br />advantage despite this Section 6.02, shall hereafter be repealed or cease to be in force, such law
<br />shall not thereafter be deemed to preclude the application of this Section 6.02. Trustor expressly
<br />waives and relinquishes any and all rights, remedies and defenses that Trustor may have or be
<br />able to assert by reason of the laws of the state in which the Property is located pertaining to the
<br />rights, remedies and defenses of sureties.
<br />Section 6.03. Limitation of Interest. All agreements between Trustor and Beneficiary,
<br />whether now existing or hereafter arising and whether written or oral, are expressly limited so
<br />that in no contingency or event whatsoever shall the amount paid, or agreed to be paid, to
<br />Beneficiary for the use, forbearance, or detention of the money to be loaned pursuant to the
<br />Promissory Note or otherwise, or for the performance or payment of any covenant or obligation
<br />contained herein, exceed the maximum amount permissible under applicable law. If from any
<br />circumstance whatsoever fulfillment of any provision hereof at the time performance of such
<br />provision shall be due shall involve transcending the limit of validity prescribed by law, then,
<br />ipso facto, the obligation to be fulfilled shall be reduced to the limit of such validity, and if from
<br />any such circumstance Beneficiary or holder of the Promissory Note shall ever receive as interest
<br />under the Promissory Note or this Deed of Trust or otherwise anything of value which would
<br />exceed interest at the highest lawful rate, such amount that would be excessive interest shall be
<br />applied to the reduction of the principal amount owing under the Promissory Note or on account
<br />of other Secured Obligations and not to the payment of interest, or if such excessive interest
<br />exceeds the unpaid balance of principal of the Promissory Note and such other Secured
<br />Obligations, such excess shall be refunded to Trustor, or to the maker of the Promissory Note, or
<br />other evidence of Secured Obligations, if other than Trustor. All sums paid or agreed to be paid
<br />to Beneficiary for the use, forbearance, or detention of the Secured Obligations shall, to the
<br />extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the
<br />full term of such obligations until payment in full so that the rate of interest on account of
<br />Secured Obligations is uniform throughout the term thereof. The terms and provisions of this
<br />paragraph shall control all agreements between Trustor, or the maker of the Promissory Note, or
<br />other evidence of Secured Obligations, if other than Trustor, and Beneficiary.
<br />Section 6.04. Statements by Trustor. Trustor, within ten (10) days after being given
<br />notice, will furnish, or cause to be furnished, to Beneficiary a written statement stating the
<br />unpaid principal of and interest on the Promissory Note and any other amounts secured by this
<br />Deed of Trust and stating that no offset or defense exists against such amounts.
<br />Section 6.05. Notices. Whenever Beneficiary or Trustor shall desire to give or serve
<br />any notice, demand, request or other communication with respect to this Deed of Trust, each
<br />such notice, demand, request or other communication shall be in writing and shall be deemed to
<br />have been given if sent by hand delivery, overnight courier or certified mail, return receipt
<br />requested, postage prepaid, addressed to the following addresses:
<br />If to Trustor: Grand Island Joint Venture, LLC
<br />Attention: Michael H. Staenberg
<br />2127 Innerbelt Business Center Drive, Suite 310
<br />St. Louis, Missouri 63114
<br />With a copy to: Staenberg Group, Inc.
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