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200110903 Grantor with respect to such actions and Grantor hereby waives all claims for damages with respect thereto. SECTION 8.08. Provisions as to Covenants and Agreements. All of Grantor's covenants and agreements hereunder shall run with the land and time is of the essence with respect thereto. SECTION 8.09. Matters to be in Writing. This Deed of Trust cannot be altered, amended, modified, terminated, waived, released or discharged except in a writing signed by the party against whom enforcement is sought. SECTION 8.10. Submission to Jurisdiction. Without limiting the right of Beneficiary to bring any action or proceeding against the undersigned or its property arising out of or relating to the Secured Obligations (an "Action ") in the courts of other jurisdictions, Grantor hereby irrevocably submits to the jurisdiction of the state court or federal court in each jurisdiction in which the Premises is located, and Grantor hereby irrevocably agrees that any Action may be heard and determined in such state or federal court. Grantor hereby irrevocably waives, to the fullest extent that it may effectively do so, the defense of an inconvenient forum to the maintenance of any Action in the jurisdiction. Grantor hereby irrevocably agrees that the summons and complaint or any other process in any Action in any jurisdiction may be served by mailing to any of the addresses set forth herein or by hand delivery to a person of suitable age and discretion at any such address. Such service will be complete on the date such process is so mailed or delivered. SECTION 8.11. Construction of Provisions. The following rules of construction shall be applicable for all purposes of this Deed of Trust and all documents or instruments supplemental hereto, unless the context otherwise requires: (a) All references herein to numbered Articles or Sections or to lettered Exhibits are references to the Articles and Sections hereof and the Exhibits annexed to this Deed of Trust, unless expressly otherwise designated in context. All Article, Section and Exhibit captions herein are used for reference only and in no way limit or describe the scope or intent of, or in any way affect, this Deed of Trust. (b) The terms "include ", "including" and similar terms shall be construed as if followed by the phrase "without being limited to ". (c) The terms "Land ", "Leased Land ", "Leasehold Estate ", "Improvements ", "Equipment ", "Trust Property" and "Premises" shall be construed as if followed by the phrase "or any part thereof". (d) The term "Secured Obligations" shall be construed as if followed by the phrase "or any other sums secured hereby, or any part thereof'. NYDOCS03/596673.1 28 HALL COUNTY, NEBRASKA