��15�����
<br /> disclose all documents and information which Beneficiary nvw has vr hereaf�er acquires relating to the
<br /> Subject Prvperty, a�l or any of the Secured �blfgations andlor Trustor and, as applicable, any partners,
<br /> joint�enture�s or memhers of Trustvr, whether furnished by any Trustor or otherwise.
<br /> 6.6 Rules of Cons�ruction. �a}Vtilhen appropriate based on th� iden#ity of th� par�ies or other
<br /> circumstances, the mascul�ne��nder inc�udes�he fem�nine vr neu�er or bath, and the singular num�er
<br /> includes the plural; �b}fhe term "Subjec�Property" means a11 and any par�of or interest in the Subj�ct
<br /> Property; �c}all Section headings herein are for can�eni�nce of reference only, are not a part of#h�s Deed
<br /> of Trust, and sha�I be disregarded in the �nterpretation of any portivn of this Deed of Trust; �d} if more than
<br /> one person �r entity has executed this Deed �f Trust as "Trustor,"the ab�igafions of a!� such Trustors
<br /> hereunder shall be joint and se�eral; and ��}al�terms af Exhibit A, and �ach other exh�bit andlor rEder
<br /> attached he�etv and recorded herewith, are hereby incorporated into this Deed of Trust by this reference.
<br /> 6.7 Se�erability of Pro�is�ons. If any prv��sion of#hrs Deed of Trust shall �e held to �e
<br /> prvhibited by vr in�alid under appiicable law, such pra�is�an shall be ineffecti�e only tv the extent of such
<br /> prohib�tivn ar in�alid�ty without in�alidat'rng the rema'rnder of such pro�ision ar any remaining provisions of
<br /> this D�ed of Trust.
<br /> 6.8 Ga�ernin� Law. This Deed vf Trust shaEl be go�erned �y and cons#rued in accordance with
<br /> the laws of the State of Nebraska.
<br /> �.9 Arbitration.
<br /> �a} Arbitration. The parties here#o agree, upon demand �y any party, to submit to binding
<br /> arbitrafion all claims, disputes and contro�ers�es between or among them �and their r�spective
<br /> empfoyees, officers, directars, attorneys, and ath�r agen#s}, whether in tort, cvntract or��herwise in any
<br /> way arising vut of or relating to this Deed of Trust and its negvtiation, ex�cution, collateralization,
<br /> admEnistration, repayment, modificatian, ex�ension, �ubstitution,formation, �nducemen#, �nfo�cement,
<br /> default vr term ination.
<br /> �b} Go�erning Rules. Any arbitra#ion proce�ding wi11 �i} proceed in a location in Nebraska
<br /> selec�ed by the American Arbi#ration Association �"AAA"}; �ii} be gove�ned by the Federa!Arbi#rativn Act
<br /> �Title 9 of the United States Cod�}, notwithstanding any conflicting cho�ce af law prv�ision in any of the
<br /> documents between the parties; and �i�i} be condu�ted by#he AAA, or such vther administrator as#he
<br /> parties shall mutually agree upon, in accordance wi#h the AAA's commercial dispute resolution
<br /> procedures, unless the cla�m or counterclaim is a�least$�,���,��0.�� exc�usi�e af claimed interest,
<br /> arb�tration fees and costs �n which case the arbitrati�n shall be conducted in a�cordance with the AAA's
<br /> optional procedures for large, complex cammerc�al disputes �the commercial dispute resolution
<br /> procedures or the opt�onaf procedures for large, complex cvmmercial disputes to be referred to he�eEn, as
<br /> appiicable, as the"Rules"}. lf there is any incvnsis#ency between�he terms herevf and the Rules, the
<br /> terms and p�ocedur�s se#for�h herein shall control. Any party whv fa�ls or refuses to submi#to ar�itration
<br /> following a demand by any other pa�ty sha11 bear all cvsts and expenses �nGurred by such other party in
<br /> compeliing arbi�ration of any dispute. Nothing conta�n�d herein shall be deemed tv b�a waiver�y any
<br /> party tha� is a bank of the protections afforded to it under 1� U.S.C. §9� or any similar applicable state
<br /> I aw.
<br /> �c} No Vllai�er of Pro�isional R�medies, Self-,Help,and Foreclosure. The arbitration requir�m�nt
<br /> daes no�IEmit the right of any party to�i}forec�ose against real ar persona� property Coilatera�; �ii} exercise
<br /> self-help remedies relating to collateraf or proceeds of collateral such as setoff or repass�ssion; or�iii}
<br /> obtain pro�isianal or an�illary remedies such as reple�in, injuncti�e relief, attachment vr the appoinfinent
<br /> af a recei�er, before during vr after th� penden�y of any arbitrativn proceed�ng. This exclusion does no�
<br /> const�tu�e a►►vai��r of the right or obligation of any party to submit any dispute tv arbitration or refer�nce
<br /> hereunder, including�hvse arising from the exercise of the a�tions detailed in sect�ons �i}, �ii}and �iii}af
<br /> this paragraph.
<br /> _�5_
<br /> � p r i��,i�nn n� �ip i�����i ��[:; i i
<br />
|