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200511354 delivery or facsimile transmission. The addresses of the parties are set forth on page 1 of this Security Instrument and the facsimile numbers for the parties are as follows: Lender: Trustee: MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INC. Fax.: 703-748-0183 Borrower: COMMONWEALTH LAND TITLE Fax: 314-423-2661 281 & OLD POTASH II LLC Fax: (303) 571A651 Attn: Brad A. McNealy Borrower's principal place of business is at the address set forth on page I of this Security Instrument. Any Borrower whose address is set forth on page 1 of this Security Instrument hereby requests that a copy of notice of default and notice of sale be delivered to it at that address. Failure to insert an address shall constitute a designation of Borrower's last known address as the address for such notice. Any party shall have the right to change its address for notice hereunder to any other location within the United States by giving 30 days notice to the other parties in the manner set forth above. 8.21 COMMERCIAL LOAN. Borrower warrants that the Loan evidenced by the Note and this Security Instrument is being made solely to acquire or carry on a business or commercial enterprise, andlor Borrower is a business or commercial organization. Borrower further warrants that all ofthe proceeds of the Note and this Security Instrument shall be used for commercial purposes and stipulates that the Loan evidenced by the Note and this Security Instrument shall be construed for all purposes as a commercial loan, and is made for other than personal, family or household purposes. 8.22 COUNTERPARTS. This Security Instrument may be executed in any number of counterparts, each of which, when executed and delivered, will be deemed an original and all of which taken together, will be deemed to be one and the same instnunent. 8.23 WAIVER OF JURY TRIAL. TO THE EXTENT NOW OR HEREAFTER PERMITTED BY APPLICABLE LAW, LENDER AND BORROWER HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHTS THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH, THIS SECURlTY INSTRUMENT OR ANY OTHER LOAN DOCUMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN) OR ACTIONS OF LENDER OR BORROWER. THIS PROVISION IS A MATERIAL INDUCEMENT FOR LENDER TO ENTER INTO THIS SECURITY INSTRUMENT. 8.24 FINAL EXPRESSION/NO ORAL AGREEMENTS. READ THIS DOCUMENT CAREFULLY. THE WRITTEN LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. Master 51 REG NE (rev. 08/2005) 1245359.6 29