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any such tenant for the performance of any obligations of Borrower under any such Lease unless and until Lender agrees to such subordination or assumes such liability by an appropriate written instrument. 25. Inspection of Mortgaged Property and Records. The Lender and its representatives and agents shall have the right to inspect the Mortgaged Property and all books, records and documents relating thereto at all reasonable times, after giving reasonable notice to the Borrower, and access thereto, subject to the rights of tenants pursuant to Leases. The Lender shall use reasonable efforts to avoid disturbing business operations on the Mortgaged Property during such inspections. The Borrower or the Lender thereof shall keep and maintain full and correct books and records showing in detail the income and expenses of the Mortgaged Property and permit the Lender or its agents to examine such books and records and all supporting vouchers and data at any time and from time to time on request at its offices at the address hereinafter identified or at such other location as may be mutually agreed upon. 26. Environmental Matters. Concurrently herewith, Borrower and Guarantors shall execute and deliver an Environmental Indemnity Agreement in form satisfactory to Lender (the `Environmental Indemnity Agreement "). The performance of the covenants, undertakings and obligations of the indemnitors under the Environmental Indemnity Agreement shall be secured by this Mortgage. 27. Notices. All notices or other written communications hereunder shall be deemed to have been properly given (i) upon delivery, if delivered in person, (ii) one (1) business day after having been deposited for overnight delivery with any reputable overnight courier service, or (iii) three (3) business days after having been deposited in any post office or mail depository regularly maintained by the U.S. Postal Service and sent by registered or certified mail, postage prepaid, return receipt requested, addressed to the addresses set forth below in this Section or as such party may from time to time designate by written notice to the other parties. Either party by notice to the other in the manner provided herein may designate additional or different addresses for subsequent notices or communications: 51668048.5 To Lender: With copy to: Polsinelli 100 S. Fourth Street, Suite 1000 St. Louis, Missouri 63102 Attn: Robert C. Graham III, Esq. To Borrower: Simmons First National Bank 8151 Clayton Road St. Louis, Missouri 63117 Attn: Danny P. Chadakhtzian KM Grand Island Joint Venture, LLC 2127 Innerbelt Business Center Drive, Suite 310 St. Louis, Missouri 63114 Attn: Michael H. Staenberg 26 201508663