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200210067 words "Property" shall include any portion of the Property or interest therein. Whenever the context may require any pronouns used herein shall include the corresponding masculine, feminine or neuter forms, and the singular form of nouns and pronouns shall include the plural and vice versa. The captions in this Deed of Trust are for convenience of reference only and in no way limit or amplify the provisions hereof. 26. Enforceabilitv: Usury. In no event shall any provision of this Deed of Trust or any Collateral Document ever obligate Grantor to pay or allow Beneficiary to collect interest on the Secured Obligations or any other indebtedness secured hereby at a rate greater than the maximum non - usurious rate permitted by applicable law (herein referred to as the "Highest Lawful Rate "), or obligate Grantor to pay any taxes, assessments, charges, insurance premiums or other amounts to the extent that such payments, when added to the interest payable on the Secured Obligations or any other indebtedness secured hereby, would be held to constitute the payment by Grantor of interest at a rate greater than the Highest Lawful Rate; and this provision shall control over any provision to the contrary. Without limiting the generality of the foregoing, in the event the maturity of all or any part of the principal amount of the Secured Obligations shall be accelerated for any reason, then such principal amount so accelerated shall be credited with any interest theretofore paid thereon in advance and remaining unearned at the time of such acceleration. If, pursuant to the terms of this instrument, the Credit Agreement or any Collateral Document any funds are applied to the payment of any part of the principal amount of the Secured Obligations prior to the maturity thereof, then (a) any interest which would otherwise thereafter accrue on the principal amount so paid by such application shall be canceled, and (b) the Secured Obligations remaining unpaid after such application shall be credited with the amount of all interest, if any, theretofore collected on the principal amount so paid by such application and remaining unearned at the date of said application; and if the funds so applied shall be sufficient to pay in full all the Secured Obligations, then Beneficiary shall refund to Grantor all interest theretofore paid thereon in advance and remaining unearned at the time of such acceleration. Regardless of any other provision in this instrument, or in any of the written evidences of the Secured Obligations, Grantor shall never be required to pay any unearned interest on the Secured Obligations or any portion thereof, and shall never be required to pay interest thereon at a rate in excess of the Highest Lawful Rate construed by courts having competent jurisdiction thereof. 27. Business or Commercial Purmose. Grantor warrants that the extension of credit evidenced by the Secured Obligations secured hereby is solely for business or commercial purposes other than agricultural purposes. 28. FINAL AGREEMENT. THIS WRITTEN DEED OF TRUST REPRESENTS THE FINAL AGREEMENT WITH RESPECT TO THE MATTERS CONTAINED HEREIN BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. W29117815M9T92#W-L U5899 .0079 22