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201309549 3.6. Governing Law. THIS DEED OF TRUST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE STATE OF NEW YORK, EXCEPT TO THE EXTENT OF PROCEDURAL AND SUBSTANTIVE MATTERS RELATING ONLY TO THE CREATION, PERFECTION AND FORECLOSURE OF LIENS, AND ENFORCEMENT OF RIGHTS AND REMEDIES AGAINST THE TRUST PROPERTY, WHICH MATTERS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEBRASKA. 3.7. Binding Effect. This Deed of Trust and each and every covenant, agreement and other provision hereof shall be binding upon the Trustor and its successors and assigns including without limitation each and every from time to time record owner of the Trust Property and any other person having an interest therein, shall run with the land and shall inure to the benefit of the Beneficiary and its successors and assigns. As used herein the words "successors and assigns" shall also be deemed to include the heirs, representatives, administrators and executors of any natural person who is a party to this Deed of Trust. 3.8. Severability and Survival. The unenforceability or invalidity of any provisions hereof shall not render any other provision, or provisions herein contained unenforceable or invalid. The foreclosure of this Deed of Trust or the exercise of the power of sale under this Deed of Trust will not affect or limit any remedy of the Beneficiary on account of any breach by the Trustor of the tenns of this Deed of Trust occurring prior to such foreclosure or sale, except to the extent of the amount bid at such foreclosure or sale. 3.9. Captions. 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 or 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. 3.10. Notices. Any notice which any party hereto may desire or may be required to give to any other party shall be in accordance with the notice provisions set forth in the Loan Agreements, or any other Financing Document. 3.11. Loan Agreements, and any other Financing Document. Reference is hereby made for all purposes to the Loan Agreements, and any other Financing Document pertaining to the funding of the Initial Amount of the Debt. Trustor agrees to comply with the covenants and conditions of the Loan Agreements, and any other Financing Document, if any, which are hereby incorporated by reference in and made a part of this Deed of Trust. All advances made by the Beneficiary pursuant to the Loan Agreements, or any other Financing Document shall be Obligations of Trustor secured by this Deed of Trust, and such advances may be obligatory as provided in the Loan Agreements, or any other Financing Document. 3.12. Duties and Obligations of Trustee. The Trustor agrees that: (a) the duties and obligations of the Trustee shall be determined solely by the express provisions of this Deed of Trust and the Trustee shall not be liable except for the performance of such duties and obligations as are specifically set forth herein,and no implied covenants or obligations shall be imposed upon the Trustee; (b) no provision of this Deed of Trust shall require the Trustee to expend or risk its own funds, or otherwise incur any financial obligation in the performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have grounds for believing that the repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured of it; (c) the Trustee may consult with counsel of its own choosing and the advice of such counsel shall be full and complete authorization and protection in the respect of any actions taken or suffered by it hereunder in good faith and in reliance thereon; (d)the Trustee shall not be liable for any action taken by it in good faith and reasonably believed by it to be authorized or within the discretion or rights or powers conferred upon it by this Deed of Trust. The Trustee hereby agrees with the Beneficiary that the Trustee will act for no consideration in routine matters(e.g.,execution of partial release of security, extension agreements, modification agreements, or satisfactions) with respect to this Deed of Trust. In the event of foreclosure, the Trustee will serve for a Trustee's commission agreeable to the Trustee and the Beneficiary. If the Beneficiary determines that there shall be a substitute Trustee for any reason, the Trustee will supply a recordable resignation at the request of the Beneficiary.The Trustee shall have the right,at its sole option and from time to time,to substitute one or more trustees for the Trustee named above, without notice to the Trustor. In the event there shall be