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200:01124 Any clause in this Deed of Trust requiring arbitration is not enforceable when SBA is the holder of the Note secured by this instrument. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Successor Trustee. The irrevocable right to appoint a substitute trustee or trustees is hereby expressly granted to the Beneficiary, its successors or assigns, to be exercised at any time hereafter without notice and without specifying any reason therefor, by filing for record in the office where this instrument is recorded an instrument of appointment. The Grantor and the Trustee herein named or that may hereinafter be substituted hereunder expressly waive notice of the exercise of this right as well as any requirement of application to any court for the removal, appointment or substitution of any trustee hereunder. Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's principal place of business, Grantor shall furnish to Beneficiary, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Beneficiary shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Applicable Law. This Deed of Trust has been delivered to Beneficiary and accepted by Beneficiary in the State of Nebraska. This Deed of Trust shall be governed by and construed in accordance with the laws of the State of Nebraska. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Beneficiary in any capacity, without the written consent of Beneficiary. Multiple Parties; Corporate Authority. All obligations of Grantor under this Deed of Trust shall be joint and several, and all references to Grantor shall mean each and every Grantor. This means that each of the persons signing below is responsible for all obligations in this Deed of Trust. Where any one (1) or more of the Grantors are corporations, limited liability companies or partnerships, it is not necessary for Beneficiary to inquire into the powers of any of the Grantors or of the officers, directors, managers, members, partners, or 18