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202004771
<br />18. This trust deed and all of the Loan Documents constitute the entire and complete understanding of
<br />the parties hereto and supersede all prior agreements and understandings relative to the subject matter
<br />hereof. This trust deed may not be effectively amended, changed, altered or modified, except in writing
<br />executed by all parties. To the extent the provisions contained in this trust deed are inconsistent with
<br />those contained in any other Loan Documents, the terms and provisions contained herein shall control.
<br />Otherwise, such provisions shall be considered cumulative.
<br />19. This trust deed may be executed in any number of counterparts and by either party on separate
<br />counterparts, each of which shall be deemed an original, but all of which together shall constitute one
<br />and the same instrument.
<br />20. Time is of the essence in the performance of this trust deed.
<br />21. The terms of this trust deed shall bind and benefit the heirs, legal representatives, successors, and
<br />assigns of the parties; provided, however, that Trustor may not assign this trust deed, or any advances
<br />made hereunder, or assign or delegate any of its rights or obligations, without the prior written consent of
<br />Lender.
<br />22. The trust deed shall be governed by, and construed in accordance with, the laws of the State of
<br />Nebraska, except to the extent that the law of any other jurisdiction applies as to the perfection or
<br />enforcement of Lender's security interest in or lien on any Property and except to the extent expressly
<br />provided to the contrary in any Loan Document. In the event that any provision or clause of any of the
<br />Loan Documents conflicts with applicable laws, such conflicts shall not affect other provisions of such
<br />Loan Documents which can be given effect without the conflicting provision, and to this end the provisions
<br />of the Loan Documents are declared to be severable. This instrument can be waived, changed,
<br />discharged or terminated only by an instrument in writing signed by the party against whom enforcement
<br />of any waiver, change, discharge or termination is sought.
<br />23. The acceptance by Lender of any sum in an amount less than the sum then due shall not be deemed
<br />a waiver of any default and the Lender's remedies set forth in any Loan Document shall not be impaired
<br />or waived by acceptance of any such partial payment, whether such payment is accepted before or after
<br />any notice of default or notice of sale. Consent by Lender to any transaction or action of Trustor which is
<br />subject to consent or approval of Lender in any Loan Document shall not be deemed a waiver of the right
<br />to require such consent or approval to future or successive transactions or actions.
<br />24. Upon satisfaction of all of Trustor's obligations under the Loan Documents, and upon written request
<br />of Lender stating that all sums secured hereby have been paid, and upon surrender of this deed of trust
<br />and the Note to Trustee for cancellation and upon payment by Trustor of Trustee's fees, Trustee shall
<br />reconvey to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the
<br />Property then held hereunder. The recitals in such reconveyance of any matters or facts shall be
<br />conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as "the
<br />person or persons legally entitled thereto."
<br />25. Trustor agrees that any "Communications" (as defined herein) directed to Trustor by Lender or any
<br />subsidiary, affiliate, or agent of Lender or Lender's parent association (collectively, the "Lender") may be
<br />provided in electronic form or transmitted by electronic means. As used herein, "Communications" means
<br />all notices, disclosures, documents, or other communications given by the Lender to Trustor, including,
<br />without limitation, all shareholder communications and any disclosures, notices, or communications
<br />relating to any transaction between Trustor and the Lender, but expressly excluding any notice required
<br />by applicable law to be provided in paper form. Trustor acknowledges that electronic Communications
<br />entail risks (including the risk of interception by a third party) and Trustor hereby releases the Lender from
<br />all liability relating to the electronic provision or transmission of any and all Communications. Trustor
<br />agrees to provide Lender upon request with the e-mail address or addresses of Trustor and to notify
<br />Lender within ten (10) days if there are any changes to its e-mail address or addresses. Any
<br />Communication sent by e-mail will be deemed received when sent to the last e-mail address or addresses
<br />of any Trustor known by Lender. Any Communication digitally published by the Lender on an Internet
<br />website will be deemed received when the Lender has both published the Communication and notified
<br />Trustor at its last e-mail address known by Lender that the Communication has been published.
<br />Transmission of any Loan Document as an "electronic record" containing Trustor's "electronic signature,"
<br />as those terms are defined in applicable federal and state laws, or facsimile transmission of any Loan
<br />Document containing a facsimile of Trustor's signature, shall be as effective, enforceable and valid as if
<br />a paper version of such Loan Document was delivered containing such original written signature. The
<br />parties intend that the electronic method used as provided herein reliably establishes the identity of
<br />Lender as a holder in due course. and agree that each Loan Document produced by such electronic
<br />method shall be for all purposes (including perfection of security interests and admissibility of evidence)
<br />App #: 5699146; CIF #: 718811; Acct #: 3254413 202EA Legal Doc. Date: July 9, 2020
<br />FORM 5011, Trust Deed, Security Agreement and Assignment of Rents Page 7 of 9
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