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parties hereto respecting such matters. The provisions of this Agreement may not be amended, <br /> changed or modified orally,but only by an agreement in writing signed by the Buyer and Seller. <br /> 10. Notices. All notices and other communications which either party is required or <br /> desires to send to the other shall be in writing and shall be sent by personal delivery or courier(such <br /> as Federal Express), or registered or certified mail, postage prepaid, return receipt requested. <br /> Notices and other communications shall be deemed to have been given on actual receipt if <br /> personally delivered or sent by courier, or three business days after the date of mailing if mailed. <br /> Notices shall be sent to the addresses set forth below each party's respective signature. <br /> 11. Attorneys' Fees. In the event either party institutes legal proceedings to enforce its <br /> rights hereunder, the prevailing party in such litigation shall be paid all reasonable expenses of the <br /> litigation by the losing party,including its reasonable attorneys' fees. <br /> 12. Memorandum. Seller shall record a memorandum of this Agreement in the real <br /> estate records of St. Joseph County, Indiana within a reasonable time following the execution of <br /> this Agreement. Buyer and Seller shall execute a termination of this Agreement in recordable form <br /> (i) upon the Closing or (ii) after the Option has expired if it has not been exercised in accordance <br /> with the terms hereof <br /> 13. Time of Essence. Time is of the essence of this Agreement. <br /> 14. Governing Law. This Agreement shall be interpreted and enforced according to the <br /> laws of the State of Indiana. <br /> (signatures to follow) <br /> {20142674.DOC} <br /> -3- <br />