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r L If to Beneficiary: 88-- i00024 Washington Square Capital, Inc. 512 Nicollet Mall Suite 440 Minneapolis, Minnesota 55440 Attn: Jack Hart with a copy to: David G. Crumbaugh, Esq. Winston & Strawn One First National Plaza Suite 5000 Chicago, Illinois 60603 If to Trustee: Leroy Scott Owens 202 South 19th Street Omaha, Nebraska 68102 or to such other address as each party designates to the other in the manner herein prescribed. grants, of Trust inure to SECTION 5.3 Covenants to Run with the Land. All of the covenants, terms, provisions and conditions in this Deed shall run with the land and shall apply to, bind and the benefit of, the successors and assigns of Mortgagor. SECTION 5.4 Captions; Gender and Number. The captions and section headings of this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. All terms contained herein shall be construed, whenever the context of this Deed of Trust so requires, so that the singu- lar shall be construed as the plural and so that the masculine shall be construed as the feminine. SECTION 5.5 Limitation on Interest Payable. Notwi th- standing any provision to the contrary contained in the Loan Agreement, the Mortgagor shall not be required to pay and the Beneficiary shall not be permitted to collect any amount in excess of the maximum amount of interest permitted by law ( "Excess Interest"). If any Excess Interest is provided for or determined to have been provided for by a court of competent jurisdiction in the Loan Agreement, then in such event (A) the provisions of this subparagraph shall govern and control; (B) neither the Mortgagor nor any guarantor or endorser shall be obligated to pay any Excess Interest; (C) any Excess Interest that the Beneficiary may have received hereunder shall be, at the Beneficiary's option, (1) applied as a credit against the outstanding principal balance of the Indebtedness or accrued and unpaid interest (not to exceed the maximum amount permitted by law), (2) refunded to the payor thereof, or (3) any combination of the foregoing; (D) the interest -29- L L ,--.-.- I I I I -.J t~