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200105234 22. Successors and Assigns Bound; Number; Gender; Joint and Several Liability; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective heirs, legal representatives, successors and assigns of Beneficiary, Trustee, and Trustor. Wherever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. All covenants and agreements of Trustor shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. 23. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Trustor provided for in this Deed of Trust shall be given by mailing such notice by certified mail, return receipt requested addressed to Trustor at its mailing address set forth above or at such other address as Trustor may designate by notice to Beneficiary as provided herein, and (b) any notice to Beneficiary or Trustee shall be given by certified mail, return receipt requested, to Beneficiary's and Trustee's mailing address stated herein or to such other address as Beneficiary or Trustee may designate by notice to Trustor as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Trustor, Beneficiary or Trustee when given in the manner designated herein. 24. Governing Law; Severability. This Deed of Trust shall be governed by the laws of the State of Nebraska. In the event any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust which can be given effect without the conflicting provisions and to this end the provisions of this Deed of Trust are declared to be severable. In the event that any applicable law in effect on the date of the execution of this Deed of Trust limits the amount of interest or other items which may be lawfully charged and is interpreted in a manner such that any payment provided for in this Deed of Trust or in the Notes (whether considered separately or together with other payments that are considered a part of this Deed of Trust and this transaction) violates such law, such payment is hereby reduced to the extent necessary to eliminate such violation if the Trustor is entitled to the benefit of such law. 25. Events of Default. Each of the following occurrences shall constitute an event of default hereunder, (hereinafter an "Event of Default "): a. Failure of Trustor to pay when due any principal or interest on the Obligations; provided, however, as to payments other than principal or interest on the Notes, Borrower shall not be deemed to have committed an Event of Default unless payment is not made within five (5) days after written notice of nonpayment given to Trustor by Beneficiary; b. Any warranty of title made by Trustor herein shall be untrue; C. Failure or default by Trustor in the performance of, or in breach of its covenants or agreements in this Deed of Trust, any of the Notes or any of the Loan Documents (excluding defaults which are specifically dealt with elsewhere in this paragraph 25), which is not remedied within ten (10) days after written notice by Beneficiary or, if such failure or default cannot be remedied within such ten (10) day period, Trustor has failed to commence within ten (10) day period all reasonable efforts to remedy such failure or default; DOGS 146876.8 1582098 Grand Island Page 9 of 15