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200403403
<br />Section 6.3. Nature of Loan; Compliance with Usury Laws. The loan evidenced by the Note is being
<br />made solely for the purpose of carrying on or acquiring a business or commercial enterprise. It is the intent of Trustor
<br />and Beneficiary and all other parties to the Loan Documents to conform to and contract in strict compliance with
<br />applicable usury law from time to time in effect. All agreements between Beneficiary and Trustor (or any other party
<br />liable with respect to any indebtedness under the Loan Documents) are hereby limited by the provisions of this
<br />Section which shall override and control all such agreements, whether now existing or hereafter arising. In no way,
<br />nor in any event or contingency (including but not limited to prepayment, default, demand for payment, or
<br />acceleration of the maturity of any obligation), shall the interest taken, reserved, contracted for, charged, chargeable,
<br />or received under this Deed of Trust, the Note or any other Loan Document or otherwise, exceed the maximum
<br />nonusurious amount permitted by applicable law (the "Maximum Amount "). If, from any possible construction of
<br />any document, interest would otherwise be payable in excess ofthe Maximum Amount, any such construction shall be
<br />subject to the provisions of this Section and such document shall ipso facto be automatically reformed and the interest
<br />payable shall be automatically reduced to the Maximum Amount, without the necessity of execution of any
<br />amendment or new document. If Beneficiary shall ever receive anything of value which is characterized as interest
<br />under applicable law and which would apart from this provision be in excess of the Maximum Amount, an amount
<br />equal to the amount which would have been excessive interest shall, without penalty, be applied to the reduction of
<br />the principal amount owing on the Secured Indebtedness in the inverse order of its maturity and not to the payment of
<br />interest, or refunded to Trustor or the other payor thereof if and to the extent such amount which would have been
<br />excessive exceeds such unpaid principal. The right to accelerate maturity of the Note or any other Secured
<br />Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of such
<br />acceleration, and Beneficiary does not intend to charge or receive any unearned interest in the event of acceleration.
<br />All interest paid or agreed to be paid to Beneficiary shall, to the extent permitted by applicable law, be amortized,
<br />prorated, allocated and spread throughout the full stated term (including any renewal or extension) of such
<br />indebtedness so that the amount of interest on account of such indebtedness does not exceed the Maximum Amount.
<br />As used in this Section, the term "applicable law" shall mean the laws of the State of Wisconsin or the federal laws of
<br />the United States applicable to this transaction, whichever laws allow the greater interest, as such laws now exist or
<br />may be changed or amended or come - into effect in the future.
<br />Section 6.4. Release of Deed of Trust. If all of the secured indebtedness be paid as the same becomes due
<br />and payable and all of the covenants, warranties, undertakings and agreements made in this Deed of Trust are kept and
<br />performed, and all obligations, if any, of Beneficiary for further advances have been terminated, then, and in that event
<br />only, this Deed of Trust shall be released of record by Beneficiary in due form at Trustor's cost. Without limitation, all
<br />provisions herein for indemnity of Beneficiary shall survive discharge of the secured indebtedness and any foreclosure,
<br />release or termination of this Deed of Trust.
<br />Section 6.5. Invalidity of Certain Provisions. A determination that any provision ofthis Deed of Trust
<br />is unenforceable or invalid shall not affect the enforceability or validity of any other provision and the determination
<br />that the application of any provision of this Deed of Trust to any person or circumstance is illegal or unenforceable
<br />shall not affect the enforceability or validity of such provision as it may apply to other persons or circumstances.
<br />Section 6.6. Gender; Titles; Construction. Within this Deed of Trust, words of any gender shall be
<br />held and construed to include any other gender, and words in the singular number shall be held and construed to
<br />include the plural, unless the context otherwise requires. Titles appearing at the beginning of any subdivisions hereof
<br />are for convenience only, do not constitute any part of such subdivisions, and shall be disregarded in construing the
<br />language contained in such subdivisions. The use of the words "herein," "hereof," "hereunder" and other similar
<br />compounds of the word "here" shall refer to this entire Deed of Trust and not to any particular Article, Section,
<br />paragraph or provision. The term "person" and words importing persons as used in this Deed of Trust shall include
<br />firms, associations, partnerships (including limited partnerships), joint ventures, trusts, corporations, limited liability
<br />companies and other legal entities, including public or governmental bodies, agencies or instrumentalities, as well as
<br />natural persons.
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