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4.4 INTENTIONALL Y OMITTED. 200802659 4.5 Additional Filings. Borrower authorizes Secured Party at the expense of the Borrower to prepare and file all financing statements on its behalf it deems necessary to protect its security interest. In addition, Borrower will deliver or cause to be delivered such other documents as Secured Party may request to secure the loan referred to herein including, without limitation, any certificate or certificates of title to the Collateral with the security interest of Secured Party noted thereon. 4.6 WAIVER OF JURY TRIAL. THE UNDERSIGNED AND SECURED PARTY (BY ITS ACCEPTANCE HEREOF) HEREBY VOLUNTARILY, KNOWINGLY, IRREVOCABL Y AND UNCONDITIONALL Y WAIVE ANY RIGHT TO HAVE A JUR Y PARTICIPATE IN RESOLVING ANY DISPUTE (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) BETWEEN THE UNDERSIGNED AND SECURED PARTY ARISING OUT OF OR IN ANY WAY RELATED TO THIS DEED OF TRUST OR 'fHE TRANSACTIONS CONTEMPLATED BY THIS DEED OF TRUST. THIS PROVISION IS A MATERIAL INDUCEMENT TO SECURED PARTY TO PROVIDE THE FINANCING EVIDENCED BY THIS DEED OF TRUST. ARTICLE 5 CONSTRUCTION COVENANTS OF BORROWER The loan evidenced by the Note and secured by this Deed of Trust arc made and this Deed of Trust is taken partially for the purpose of enabling Borrower to crect, improve or add to a building and other improvements on the Land. In furtherance thereof, Borrower and Secured Party have entered into the Loan Agreement and Borrower further covenants and agrees with Secured Party as follows: 5.1 Construction of Improvements. Borrower will cause the Improvements to be constructed in accordance with the terms of the Loan Agreement, will prosecute such construction with due diligence, will complete the same in accordance with the plans and specifications (the "Plans") submitted to and approved by Secured Party in the manner and on or before the date provided for in the Loan Agreement, free and clear of all liens or claims for liens for material supplied and labor performed in connection with such construction, and will otherwise fully and promptly comply with all the terms and provisions of the Loan Agreement. 5.2 Additional Remedies. Upon the happening of any Event of Default hereof and at any time thereafter, Secured Party may, at its option, without notice given to Borrower and in addition to and not in substitution for the remedies specified in Section 2.2 hereof, terminate Secured Party's obligation to disburse any loan fund under the Note and enter into possession of the Property and perform any and all work and labor necessary to complete the Improvements in accordance with the Plans and employ watchmen to protect the same. All sums so expended by Secured Party shall be deemed paid to Borrower and an additional indebtedness secured by this Deed of Trust not to exceed an amount equal to twice the original principal amount of the Note. For this purpose, Borrower hereby constitutes and appoints Secured Party its true and lawful 19 AM 157:0AM57:667038:5:LOUISVILLE 3/20/08