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200/01126 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 agents acting or purporting to act on their behalf, and any Indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Deed of Trust. Gender; Number. Whenever the sense of this Deed of Trust requires it, the use of (i) the singular shall be deemed to include the plural, (ii) the masculine gender shall be deemed to include the feminine or neuter gender (and vice versa), and (iii) the neuter gender shall be deemed to include the masculine or feminine gender (and vice versa). Sale or Assignment of Deed of Trust. Grantor hereby waives any rights Grantor may have under Nebraska law to be notified if Beneficiary sells or assigns this Deed of Trust. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be so modified, it shall Tracking No. 200012011 -NEB 20