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200313159 SECTION 10.3 Successors and Assigns. This Deed of Trust and each and every covenant, agreement and other provision hereof shall be binding upon Trustor and its successors and assigns, including, without limitation each and every person or entity that may, from time to time, be record owner of the Premises or any other person having an interest therein, shall run with the land and shall inure to the benefit of Beneficiary and its successors and assigns. As used herein the words "successors and assigns" shall also be deemed to include the heirs, representatives, administrators and executors of any natural person who is a party to this Deed of Trust. Nothing in this paragraph shall be construed to constitute consent by Beneficiary to assignment by Trustor. SECTION 10.4 Partial Invalidity. All rights, powers and remedies provided herein are intended to be limited to the extent necessary so that they will not render this Deed of Trust invalid, unenforceable or not entitled to be recorded, registered or filed under any applicable law. If any term of this Deed of Trust shall be held to be invalid, illegal or unenforceable, the validity and enforceability of the other terms of this Deed of Trust shall in no way be affected thereby. SECTION 10.5 Captions and Headings. The captions and headings of the various sections of this Deed of Trust are for• convenience only and are not to be construed as confining or limiting in any way the scope or intent of the provisions hereof. Whenever the context requires or permits the singular shall include the plural, the plural shall include the singular and the masculine, feminine and neuter shall be freely interchangeable. SECTION 10.6 Notices. Any notice which any party hereto may desire or may be required to give to any other party shall be in writing and either (a) mailed by certified mail, return receipt requested, or (b) sent by an overnight carrier which provides for a return receipt, or (c) sent by facsimile followed up by mailing of such notice by either of the methods set forth in Section 10.6(a) or (b) above on the day of sending such facsimile or the next succeeding business day or sent by any other method as allowed under the Nebraska Trust Deeds Act. Any such notice shall be sent to the respective party's address as set forth on Page 1 of this Deed of Trust or to such other address as such party may, by notice in writing, designate as its address. Any such notice shall constitute service of notice hereunder three (3) days after the mailing thereof by certified mail, one (1) day after the sending thereof by overnight carrier, and on the same day as the sending of a facsimile pursuant to the terms hereof. SECTION 10.7 Building Use. During the entire term of the Note and this Deed of Trust, Trustor agrees not to convert the Premises to a condominium or cooperative of any kind or to any use other than as a sales building. In that connection, Trustor covenants that the sale of units and/or recording of condominium or cooperative documents on the Premises or any part thereof shall constitute an Event of Default. 15311/53;09/30/03 -27-