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FNBO /Nova -Tech Leasehold Deed of Trust DOCS/1660400.5 16 201605328 "include(s), without limitation ", and the word "including" means "including, but not limited to ". No listing of specific instances, items, or matters in any way limits the scope or generality of any language of this Deed of Trust. Section 9.03. Severability. If any provision of this Deed of Trust should be held unenforceable or void, that provision shall be deemed severable from the remaining provisions and in no way affect the validity of this Deed of Trust except that if such provision relates to the payment of any monetary sum, then Beneficiary may, at its option, declare all Secured Obligations immediately due and payable. Section 9.04. Successors in Interest. The terms, covenants, and conditions of this Deed of Trust are binding upon and inure to the benefit of the heirs, successors, and assigns of the parties. However, this Section does not waive the provisions of Section 3.09. Section 9.05. Joint and Several Liability. If Trustor consists of more than one person, each is jointly and severally liable for the faithful performance of all of Trustor's obligations under this Deed of Trust. Section 9.06. Applicable Law. This Deed of Trust is governed by Nebraska law, without regard to conflict of law principles. This Deed of Trust may be executed in one or more counterparts, each of which is, for all purposes deemed an original and all such counterparts taken together, constitute one and the same instrument. Section 9.07. No Waiver or Cure. Each waiver by Trustor, Beneficiary, or Trustee must be in writing, and no waiver is to be construed as a continuing waiver. No waiver is to be implied from any delay or failure by Trustor, Beneficiary, or Trustee to take action on account of any default of another party. Consent by Trustor, Beneficiary, or Trustee to any act or omission by another party must not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Trustor's, Beneficiary's, or Trustee's consent (as and if applicable) to be obtained in any future or other instance. Section 9.08. Merger. No merger occurs as a result of Beneficiary's acquiring any other estate in or any other lien on the Property unless Beneficiary consents to a merger in writing. Section 9.09. Request for Notice. Trustor hereby requests a copy of any notice of default and any notice of sale hereunder or under any other deed of trust recorded against the Property be mailed to Trustor at its address set forth in Section 9.10 of this Deed of Trust. While hereby expressly reserving the priority of this Deed of Trust as established by law, Trustee and Beneficiary hereunder request that a copy of any notice of default and any notice of sale under any deed of trust recorded against the Property either prior to, or subsequent to the date this Deed of Trust is recorded, be mailed to each at the addresses set forth in Section 9.10 of this Deed of Trust. Section 9.10. Notices. Unless otherwise expressly provided herein, all notices, certificates, requests, demands, and other communications provided for hereunder shall be in writing and shall be mailed, faxed, or delivered to the address or facsimile number set forth in this Section 9.10. All such notices and other communications shall be deemed to be given or made upon the earlier to occur of (i) actual receipt by the intended recipient and (ii) (A) if delivered by hand or by courier, upon delivery; (B) if delivered by mail, three Business Days after deposit in