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<br />200806031 <br /> <br />LITIGANT), WHICH CASE OR CONTROVERSY ARISES OUT OF OR IS IN RESPECT OF, ANY <br />RELATIONSHIP AMONGST OR BETWEEN ANY LOAN PARTY OR ANY OTHER PERSON AND <br />ANY CREDIT PARTY OR PARTICIPANT OR THE ACTIONS OF ANY CREDIT PARTY IN THE <br />NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT THEREOF. EACH <br />OF GRANTOR AND BENEFICIARY (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR <br />ATIORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, <br />THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO <br />ENFORCE THE FOREGOING WAIVER, AND (B) ACKNOWLEDGES THAT IT AND THE OTHER <br />PARTY HAVE BEEN INDUCED TO ENTER INTO THIS DEED OF TRUST BY, AMONG OTHER <br />THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS PARAGRAPH 24. <br /> <br />25. Future Advances. <br /> <br />This Deed of Trust secures future advances made pursuant to this Deed of Trust or the Credit <br />Agreement. <br /> <br />26. Business Purpose. <br /> <br />Grantor warrants that this Deed of Trust is delivered in connection with a business or commercial <br />loan transaction. <br /> <br />27. Fixture Filine. <br /> <br />Certain of the Mortgaged Property is or will become "fixtures" (as that term is defined in the <br />UCe) on the Land, and this Deed of Trust upon being filed for record in the real estate records of the <br />county wherein such fixtures are situated shall operate also as a financing statement filed as a fixture <br />filing in accordance with the applicable provisions of said UCC upon such of the Mortgaged Property that <br />is or may become fixtures. <br /> <br />For purpose of this fixture financing statement that to be filed for record in the public real <br />estate records: <br /> <br />a. <br /> <br />Name and address of Debtor: <br /> <br />O'Reilly Automotive, Inc. <br />233 S. Patterson <br />Springfield, Missouri 65802 <br />Attention: Robert Greene <br /> <br />b. <br /> <br />Name and address of <br />Secured Party: <br /> <br />Bank of America, N.A. <br />100 Federal Street, 9th Floor <br />Boston, Massachusetts 02110 <br />Attention: Keith Vercauteren <br /> <br />c. <br /> <br />Description of the types <br />(or items) of property <br />covered by this Financing <br />Statement: <br /> <br />See definition of Mortgaged Property. <br /> <br />d. Description of real estate <br />to which the collateral is <br /> <br />14 <br />