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2� 15�8�57 such successor Trustee, who shall ther�upon and without conveyance from the predecessor Trustee, succeed to al�its title,�state,rights,powers and duties. Se�t��n 3.9 - Definitions. The term "Benef ciary" means the original Beneficiary her�under, �r any future owner and halder, inc�uding pledgees, of the Nate. This L7��d of Trust in aII i�s parts applies ta and binds the successors and assigns of Trustar. The pravisians hereof shall apply accarding �a the context thereof and without regard to the number or gender of words �r expressi�ns used. S e�t�on 3.1� - Amendment. No alteration or amendm�nt of this De�d of Trust, the No�e or the Loan D��uments shall be effective unless in writ�ng and signed by the parties sough�ta be charged or baund thereby. THIS DEED �F TRUST TUGETHER WITH THE �THER L�AN D��UMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY N�T BE C�NTRADICTED BY EVIDEIV�E �F PRI�R, ��NTEMPURANE�US, UR � SUBSE�UENT �RAL A�REEMENTS UF THE PARTIES. THER� ARE NU UNWRITTEN �RAL AGREEMENTS UF THE PARTIES. Sectiofl 3.11 - �overnin�Law. This Deed of Trust has been negotiated, executed and de�ivered in �he State of Nebraska and shall be go�erned by and interpreted in accordanc� with the internals laws of the State af Nebraska �regardless of conflict �f laws principles ar the place of business,residence, lo�ation or dom�cile of the Trustor or any constituent principal thereaf�, except to the extent superseded by Federal law. Sectiion 3.�2 - Notices. Any notice demand, consent, appr��al, request, or other communication or document required or permiCt�d ta be given by a party hereto to another party shall be deemed to ha�e been given when �� delivered personally �with wri�ten confirma�ian of receipt}; (ii� sent by telefacsim�le to a fax number as designated in vvriting by the party to whom the communication is addressed �with writt�n con�rmation of receipt}, pro�ided that a confirmation copy als� is prflmptly ma�led by certified mail, return receipt requested; (iii� re�eived by the addr�ssee, if sent by a nationally recognized overnight deli�ery ser�ice �r�ceipt requested�; or (i�} recei�ed by the addressee, if s�nt by certified mai�, return receipt r�quested, and addressed as pro�ided in the first paragraph of this Deed of Trust. Any party hereto rnay change its address for not�ce from time to tirne by del��ering written notice as abo�e provided at least ten �1�} days prior�o the effecti�e da�e �f such change. S ection 3.13 - Re resentations �Varrant�es and Cfl�enants of Trustor. Trustor and each signa�ory who s�gns an its behalf hereby j o}ntly and se�erally represent and warrant as fallows: A. That Trustor is a duly formed limited liab�lity company, validly existing, and in �ood standing under�he laws of the State flf Nebraska, and with power to �i� incur the Secured Indebtedness evidenc�d by the Note; �ii} grant this Deed of Trust; and �iii} enter znto the other Loan Dacuments and all other instruments executed and delivered to Beneficiary concurrently h�rewith; B. That this De�d of Trust, the Note, the other Loan Documents and a11 other instruments executed and delivered to Beneficiary concurrently herewith were executed in aceordance with the requiremen�s af law and in accordance with any 17