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hereof. This trust deed may not be effectively amended, changed, altered or modified, except in writing executed by all parties. To the extent the provisions contained in this trust deed are inconsistent with those contained in any other Loan Documents, the terms and provisions contained herein shall control. Otherwise, such provisions shall be considered cumulative. 18. This trust deed may be executed in any number of counterparts and by either party on separate counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 19. Time is of the essence in the performance of this trust deed. 20. The terms of this trust deed shall bind and benefit the heirs, legal representatives, successors, and assigns of the parties; provided, however, that Trustor may not assign this trust deed, or any advances made hereunder, or assign or delegate any of its rights or obligations, without the prior written consent of Lender. 21. The trust deed shall be governed by, and construed in accordance with, the laws of the State of Nebraska, except to the extent that the law of any other jurisdiction applies as to the perfection or enforcement of Lender's security interest in or lien on any Property and except to the extent expressly provided to the contrary in any Loan Document. In the event that any provision or clause of any of the Loan Documents conflicts with applicable laws, such conflicts shall not affect other provisions of such Loan Documents which can be given effect without the conflicting provision, and to this end the provisions of the Loan Documents are declared to be severable. This instrument can be waived, changed, discharged or terminated only by an instrument in writing signed by the party against whom enforcement of any waiver, change, discharge or termination is sought. 22. The acceptance by Lender of any sum in an amount less than the sum then due shall not be deemed a waiver of any default and the Lender's remedies set forth in any Loan Document shall not be impaired or waived by acceptance of any such partial payment, whether such payment is accepted before or after any notice of default or notice of sale. Consent by Lender to any transaction or action of Trustor which is subject to consent or approval of Lender in any Loan Document shall not be deemed a waiver of the right to require such consent or approval to future or successive transactions or actions. 23. Upon satisfaction of all of Trustor's obligations under the Loan Documents, and upon written request of Lender stating that all sums secured hereby have been paid, and upon surrender of this deed of trust and the Note to Trustee for cancellation and upon payment by Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the Property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as the person or persons legally entitled thereto." WAIVER OF JURY TRIAL. TRUSTOR HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS TRUST DEED OR ANY RELATED LOAN DOCUMENT. Bret A Mader 201700380 App #: 5421884; CIF #: 315890; Note #: 3060510 220KS Legal Doc. Date: January 17, 2017 Page 7 of 8 FORM 5011, Trust Deed and Assignment of Rents