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200106192 To Trustor: Mary Jo Dowd, Patrick F. Dowd and Suzanne Dowd, and Dreisbach's Steak House, Inc. 1137 South Locust Street Grand Island, NE 68801 To Trustee: Richard F. Garden, Jr. Attorney at Law 1900 U.S. Bank Building 233 South 13th Street Lincoln, NE 68508 or to such other address as the parties hereto may designate by written notice delivered in the manner required herein. Service of any such notice or demand shall be deemed complete on the date of actual delivery as shown by the addressee's registry or certification receipt or at the expiration of the third (3rd) day after the date of mailing, whichever is earlier in time. 5.04 Successor and Assigns. This Deed of Trust and all terms, conditions and obligations herein shall apply to and inure to the benefit of and bind all parties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns. 5.05 Joint and Several. If Trustor consists of more than one party, the covenants and agreements of Trustor shall be joint and several as to each such Ply• 5.06 Number and Gender. Whenever used herein, the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 5.07 Acceptance by Trustee. Trustee accepts this Deed of Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. 5.08 Notice of Default and Notice of Sale. Trustor hereby requests that a copy of any Notice of Default and Notice of Sale as may be required by law be mailed to it in the manner provided in Paragraph 5.03 hereof. 5.09 Granting Consent. The granting of consent or approval by Beneficiary to any transaction, as required by the terms hereunder, shall not be deemed a waiver of the right to require consent to future or successive transactions. 5.10 Jurisdiction. This Deed of Trust is to be construed and enforced according to the laws of the Governing Jurisdiction, except that with respect to any portion of the Property located outside of the Governing Jurisdiction, the laws of the state in which such portion of the Property is located shall be applicable thereto, but only to the extent required for Beneficiary to exercise its rights and remedies in order to realize upon its interests in the Property. 5.11 Titles. Any title of the several parts, articles, sections, and paragraphs of this Deed of Trust are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of the provisions. 999994.1 -10-