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200503'88 credit for sums actually received by Beneficiary and the payment by Beneficiary of such taxes, special assessments and insurance premiums to the extent of the Reserves when statements therefor are actually presented to Beneficiary by Grantor. If the total of the Reserves shall exceed the amount of payments actually applied by Beneficiary, such excess may be credited by Beneficiary on subsequent payments to be made by Grantor, or at the option of Beneficiary, refunded to Grantor. Grantor shall cause all bills or statements relating to the taxes or payment of the insurance premiums to be mailed to Beneficiary at its address set forth herein or to such other address as Beneficiary may provide in writing to Grantor. 43. Property, Management. Grantor agrees that Beneficiary shall have the right to install professional management of the Property at any time following the occurrence of an Event of Default, if such Default remains uncured following the expiration of any applicable cure period. Such professional management shall be at the sole discretion of Beneficiary and nothing herein shall obligate Beneficiary to exercise its right to install professional management. The cost of such management shall be borne by Grantor, shall be secured by this Deed of Trust and shall be treated as an additional advance under the Loan Documents. 44. Notices. Any notice given by Grantor, Trustee or Beneficiary shall be in writing and shall be effective (1) on personal delivery to the party receiving the notice or (2) on the third day after deposit in the United States mail, postage prepaid with return receipt requested, addressed to the party at the address set forth above, or with respect to the Grantor, to the address at which Beneficiary customarily or last communicated with Grantor. 45. Successors and Assigns. This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto and their successors and the terms "Grantor ", "Trustee" and 'Beneficiary" include their successors and assigns. 46. Controlling Document. In the event of a conflict or inconsistency between the terms and conditions of this Deed of Trust and the terms and conditions of any other of the Loan Documents (except for any separate Assignment of Leases and Rents which shall prevail over this Deed of Trust), the terms and conditions of this Deed of Trust shall prevail. 47. Invalidity of Terms and Conditions. If any term or condition of this Deed of Trust is found to be invalid, the invalidity shall not affect any other term or condition of this Deed of Trust and this Deed of Trust shall be construed as if not containing the invalid term or condition. 48. Rules of Construction. This Deed of Trust shall be construed so that whenever applicable, the use of the singular shall include the plural, the plural shall include the singular, and the use of any gender shall be applicable to all genders and shall include corporations, partnerships and limited partnerships. 49. Section Headings. The heading to the various sections have been inserted for convenience of reference only and shall not be used to construe this Deed of Trust. 50. Applicable Law. This Deed of Trust shall be construed, interpreted, enforced and governed by and in accordance with the laws of the State of Nebraska, including the laws governing the creation, perfection, enforceability and priority of the liens and security interests created by this Deed of Trust and the procedures for foreclosure and for enforcement of the rights and remedies of Beneficiary under this Deed of Trust. In the event that any provision of this Deed of Trust shall be inconsistent with any provision of the laws of Nebraska, provided that such state law provision is applicable to the rights and obligations of the parties to this Deed of Trust, such state law provisions shall take precedence over the provisions of this Deed of Trust, but shall not invalidate or render unenforceable any other provision of this Deed of Trust that can be construed in a manner consistent with applicable state law. Dofr- Nebraska -12/04 NC LGL 13 Symetra loan No. SBOL1508