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Trustee's address is the same as the address designated for the Beneficiary.
<br />6.5 Successors: Assignment. This Deed of Trust shall be binding upon and inure to the benefit of the
<br />heirs, executors, administrators, legal representatives, successors and assigns of the parties hereto;
<br />provided however, that this Section does not waive the provisions of the Section hereof entitled Due on
<br />Sale or Encumbrance. Beneficiary reserves the right to sell, assign, transfer, negotiate or grant
<br />participations in all or any part of, or any interest in, Beneficiary's rights and benefits under the Note, any
<br />and all other Secured Obligations and this Deed of Trust. In connection therewith, Beneficiary may
<br />disclose all documents and information which Beneficiary now has or hereafter acquires relating to the
<br />Real Property, all or any of the Secured Obligations and /or Trustor and, as applicable, any partners, joint
<br />venturers or members of Trustor, whether furnished by any Trustor or otherwise.
<br />6.6 Rules of Construction. (a) When appropriate based on the identity of the parties or other
<br />circumstances, the masculine gender includes the feminine or neuter or both, and the singular number
<br />includes the plural; (b) the term "Real Property" means all and any part of or interest in the Real
<br />Property; (c) all Section headings herein are for convenience of reference only, are not a part of this
<br />Deed of Trust, and shall be disregarded in the interpretation of any portion of this Deed of Trust; (d) if
<br />more than one person or entity has executed this Deed of Trust as " Trustor," the obligations of all such
<br />Trustors hereunder shall be joint and several; and (e) all terms of Exhibit A, and each other exhibit and/
<br />or rider attached hereto and recorded herewith, are hereby incorporated into this Deed of Trust by this
<br />reference.
<br />6.7 Severability of Provisions. If any provision of this Deed of Trust shall be held to be prohibited by or
<br />invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or
<br />invalidity without invalidating the remainder of such provision or any remaining provisions of this Deed of
<br />Trust.
<br />6.8 Governing Law. This Deed of Trust shall be governed by and construed in accordance with the laws
<br />of the State of Nebraska.
<br />6.9 Arbitration.
<br />(a) Binding Arbitration. Bank and the parties hereto agree, upon demand by any party, to submit any
<br />Dispute to binding arbitration in accordance with the terms of this Arbitration Program. Arbitration may
<br />be demanded before the institution of a judicial proceeding, or during a judicial proceeding, but not more
<br />than 60 days after service of a complaint, third party complaint, cross - claim, or any answer thereto, or
<br />any amendment to any of such pleadings. A "Dispute" shall include any dispute, claim or controversy of
<br />any kind, whether in contract or in tort, legal or equitable, now existing or hereafter arising, relating in
<br />any way to any aspect of the Deed of Trust, or any renewal, extension, modification or refinancing of any
<br />indebtedness or obligation relating to the Deed of Trust, including without limitation, their negotiation,
<br />execution, collateralization, administration, repayment, modification, extension, substitution, formation,
<br />inducement, enforcement, default or termination. DISPUTES SUBMITTED TO ARBITRATION ARE
<br />NOT RESOLVED IN COURT BY A JUDGE OR JURY. TO THE EXTENT ALLOWED BY APPLICABLE
<br />LAW, THE PARTIES IRREVOCABLY AND VOLUNTARILY WAIVE ANY RIGHT THEY MAY HAVE TO
<br />A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE ARBITRATED PURSUANT TO THIS
<br />ARBITRATION PROGRAM.
<br />(b) Governing Rules. Any arbitration proceeding will (i) be governed by the Federal Arbitration Act (Title
<br />9 of the United States Code), notwithstanding any conflicting choice of law provision in any of the
<br />documents between the parties; and (ii) be conducted by the American Arbitration Association ( "AAA "),
<br />or such other administrator as the parties shall mutually agree upon, in accordance with the AAA's
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