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200802659 other provision of this Deed of Trust, but this Deed of Trust shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein ortherein. 3.2 Notices. All notices hereunder shall be in writing and shall be personally delivered or sent by United States certified mail, postage fully paid, return receipt requested, or by overnight nationwide commercial courier addressed to the parties as follows: Borrower: Scannell Properties # 1 06, LLC 800 East 96th Street Suite 175, Indianapolis, Indiana 46240 Attn: Robert Scannell Secured Party: Regions Bank 1900 5th Avenue North, 15th Floor Birmingham, Alabama 35203 Attn: Commercial Real Estate Division With copy to: Regions Bank 6060 Dutchmans Lane, Suite 250 Louisville, Kentucky 40205-3293 Attn: Mr. William G. Leffew, Vice President or at such other address as any of the parties may from time to time designate by written notice given as herein required. Mailed notices shall not be deemed given or served until three business days after the date of mailing thereof or if delivery is by nationwide commercial courier, service of notice shall be deemed given one business day after the date of delivery thereof to said courier. Rejection or refusal to accept, or inability to deliver because of changed addresses or because no notice of changed address was given, shall be deemed a receipt of such notice. Borrower requests that a copy of any Notice of Default and Notice of Sale be mailed to it at its address set forth above pursuant to, and in accordance with, the Nebraska Trust Deeds Act. 3.3 Successors and Assigns. ^ll of the grants, covenants, terms, provisions and conditions herein shall run with the land and shall apply to, bind and inure to the benefit of the representatives, successors and assigns, as the case may be, of Borrower and the successors and assigns of Secured Party. References in this Deed of Trust to "Secured Party" shall include all such successors and assigns and any subsequent holder of this Deed of Trust and the Note secured hereby. 3.4 Headings and Terminology. Section headings used herein are for convenience only and are not a part of this Deed of Trust and shall not be used in construing it. If Borrower shall be more than one individual, corporation, firm, partnership, joint venture, trustee, unincorporated association or other entity, their liability and obligation hereunder shall be joint and several. As used in this Deed of Trust, the singular shall include the plural, and the plural, the singular; and the gender used shall include the other genders. 15 AM 157:0AM57:667038:5:LOUISVILLE 3/20108