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2oioo249s recording of condominium or cooperative documents an the Premises or any part thereof shall constitute an Event of Default hereunder. (1) 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 ar 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. (m) Amendment/Modification. Amendment to, waiver of or modification of any provision of this Deed of Trust must be made in writing. No oral waiver, amendment, or modification may be implied. (n) Limitation of Interest. It is the intent of Grantor and Beneficiary in the execution of this Deed of Trust and the Note and all other Loan Documents securing the Note, the 2007 Note and the 2003 Laan Agreement to contract in strict compliance with the usury laws of the State of Nebraska governing the Note, the 2007 Note or the 2003 Loan Agreement. In furtherance thereof, Beneficiary and Grantor stipulate and agree that none of the terms and provisions contained herein or in the Note, the 2007 Note, the 2003 Loan Agreement or in any Loan Document shall ever be construed to create a contract for the use, forbearance or detention of money requiring payment of interest at a rate in excess of the maximum interest rate permitted to be charged by the laws of the State of Nebraska. Grantor, endorser or other party now or hereafter becoming liable for the payment of the Note, the 2007 Note or the 2003 Loan Agreement shall never be required to pay interest on the Nate, the 2007 Note or the 2003 Loan Agreement at a rate in excess of the maximum interest that may be lawfully charged under the laws of the State of Nebraska and the provisions of this subparagraph shall control over all other provisions of the Note, the 2007 Note and the 2003 Loan Agreement and any other instrument executed in connection herewith which may be in apparent conflict herewith. If, from any circumstances whatsoever fulfillment of any provision of the Note, 2007 Note, the Loan Agreements, this Deed of Trust or any Loan Document, at the time performance of such provision shall be due, shall involve transcending the limit on interest presently prescribed by any applicable usury statute or any other applicable law, with regard to obligations of like character and amount, then Beneficiary may, at its option (i) reduce the obligations to be fulfilled to such limit on interest, (ii) apply the amount that would exceed such limit on interest to the reduction of the outstanding principal balance of the Note, and not to the payment of interest, with the same force and effect as though Grantor had specifically designated such sums to be so applied to principal and Beneficiary had agreed to accept such extra payment(s) as a prepayment without a fee, so that in no event shall any exaction be possible under the Note, the 2007 Note or the 2003 Loan Agreement that is in excess of the applicable limit on interest or (iii) declare the entire indebtedness secured hereby, including interest and deferred interest, if any and all other sums owing, immediately due and payable (o) Management of the Premises. Grantor acknowledges that the successful management of the Premises is of critical importance to Beneficiary and a primary inducement in the making of the Loans. In the event that there is a change in the property 30