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201703609 which shall be construed, interpreted, enforced and governed by the laws of the State of Nebraska, the validity and interpretation of this Security Instrument shall be governed by and in accordance with the internal laws of the State of New York, without regard to conflicts of law principles. 5.05 Rights and Remedies Cumulative. All rights and remedies in this Security Instrument are cumulative. The Grantee, as Agent under the Credit Agreement, and the beneficiary(ies) of every other obligation secured hereby may recover judgment, issue execution therefor, and resort to every other right or remedy available at law or in equity, without first exhausting and without affecting or impairing the security of any right or remedy. 5.06 Severability. If any provision of this Security Instrument, or any paragraph, sentence, clause, phrase, or word, or their application, in any circumstance, is held invalid, the validity of the remainder of this Security Instrument shall be construed as if such invalid part were never included. 5.07 Non- Waiver. Unless expressly provided in this Security Instrument to the contrary, no consent or waiver, express or implied, by any party, to or of any breach or default by any other party shall be deemed a consent to or waiver of the performance by such defaulting party of any other obligations or the performance by any other party of the same, or of any other, obligations. 5.08 Headings. The headings of sections and paragraphs in this Security Instrument are for convenience or reference only and shall not be construed in any way to limit or define the content, scope, or intent of the provisions. 5.09 Grammar. As used in this Security Instrument, the singular shall include the plural, and masculine, feminine, and neuter pronouns shall be fully interchangeable, where the context so requires. 5.10 Deed in Trust. If title to the Property or any part thereof is now or hereafter becomes vested in a trustee, any prohibition or restriction against the creation of any lien on the Property shall be construed as a similar prohibition or restriction against the creation of any lien on or security interest in the beneficial interest of such trust. 5.11 Successors and Assigns. This Security Instrument shall be binding upon Grantor, its successors, assigns, legal representatives, and all other persons or entities claiming under or through Grantor. "Grantee ", when used herein, shall include Madison Capital Funding LLC, as agent for itself and on behalf of the Lenders, together with each of their successors, assigns and/or legal representatives. 5.12 Mortgagee in Possession. Nothing contained in this Security Instrument shall be construed as constituting Grantee a mortgagee in possession in the absence of the actual taking of possession of the Property. 5.13 Compliance with Applicable Law. Anything elsewhere herein contained to the contrary notwithstanding: NAI- 1502659666v3 -23-