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200710144 5.3 Waivers. No waiver of any Event of Default shall at any time thereafter be held to be a waiver of any rights of the Administrative Agent stated anywhere in the Notes, this Deed of Trust, the Credit Agreement or any of the other Credit Documents (except to the extent of such wavier), nor shall any waiver of a prior Event of Default operate to waive any subsequent Event(s) of Default. All remedies provided in this Deed of Trust, in the Notes, in the Credit Agreement and in the other Credit Documents are cumulative and may, at the election of the Administrative Agent, be exercised alternatively, successively, or in any manner and are in addition to any other rights provided by law. ARTICLE VI General Conditions 6.1 Terms. The singular used herein shall be deemed to include the plural; the masculine deemed to include the feminine and neuter; and the named parties deemed to include their heirs, successors and assigns. The term "Lender" shall include any of the Persons identified as a "Lender" on the signature pages to the Credit Agreement, and any Person that may become a Lender by way of assignment in accordance with the tenus of the Credit Agreement, together with their successors and permitted assigns. 6.2 Notices. All notices and other communications required to be given hereunder shall have been duly given if given in accordance with the requirements of the Credit Agreement. All notices or other communications to the Trustee hereunder shall be given in accordance with the requirements of the Credit Agreement to: Chicago Title Insurance Company 106 W. 11th Street, Suite 1800 Kansas City, MO 64105 Phone: 816-421-5040 6.3 Severability. If any provision of this Deed of Trust is detemlined to be illegal, invalid or unenforceable, such provision shall be fully severable and the remaining provisions shall remain in fun force and effect and shall be construed without giving effect to the illegal, invalid or unenforceable provisions. 6.4 Headings. The captions and headings herein are inserted only as a matter of convenience and for reference and in no way define, limit, or describe the scope of this Deed of Trust nor the intent of any provision hereof. 6.5 Conflicting Terms. In the event the terms and conditions of this Deed of Trust conflict with the terms and conditions of the Credit Agreement, the terms and conditions of the Credit Agreement shall control and supersede the provisions of this Deed of Trust with respect to such conflicts. CHAR2\1056808v2 10