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, . : 99 • 1C�513� exercising any right or remedy hereunder or under the Note or any other Loan Instrument, or otherwise afforded by law, shall operate as a waiver thereof or preclude the exercise thereof upon the occurrence of an event of default. No failure by Beneficiary to insist upon the strict performance by Grantor of each and every covenant and agreement of Grantor under ths Note, this Deed or any other Loan Instrument shall constitute a waiver of any such covenant or agreement, and no waiver of or consent to any subsequent event of default. No failure of Beneficiary to exercise the option herein granted to accelerate the maturity of the debt secured hereby, nor any forbearance by Beneficiary before or after the exercise of such option, nor any withdrawal or abandonment by Beneficiary of any exercise of the power of sale herein granted or any of its rights or the rights of Trustee under such power, shall be construed as a waiver of any option, power or right of Beneficiary or Trustee hereunder. In case of any sale under this Deed by virtue of the exercise of the power herein granted, or pursuant to any order in any judicial proceedings or otherwise, at the election of Beneficiary, the Premises or any part thereof may be sold in one parcel and as an entirety, or in such parcels, manner or order as Beneficiary in its sole discretion may elect, and one or more exercises of the powers herein granted shall not extinguish or exhaust the power unless the entire Premises are sold or the Secured Indebtedness paid in full. 3 .8 Giving of Notice. Any notice which either party hereto may desire or be required to give to the other party shall be in writing and the mailing thereof by certified mail addressed to Grantor at 1808 South Locust Street, Grand Island, Nebraska 68801, Attention: O. Michael Toukan, or to Beneficiary at 19th Floor- Plaza, 600 Peachtree Street, N.E. , Atlanta, Georgia 30308, Attention: Commercial Loan Administration, or at such other place as either party hereto may by notice in writing designate as a place for service of notice shall constitute service of notice hereunder. ARTICLE IV. MISCELLANEOUS 4 . 1 Governing Law. The performance required by this Deed shall, insofar as is possible, be rendered to Beneficiary at its main office of NationsBank, N.A. , 19th Floor-Plaza, 600 Peachtree Street, N.E. , Atlanta, Georgia 30308. Grantor and Beneficiary intend that the validity and construction of the obligations secured by this Deed be governed by the laws of the State of Georgia, provided that the enforcement of this Deed shall be governed by the laws of the State of Nebraska. Should any obligation or remedy under this Deed be invalid or unenforceable under the laws provided herein to govern, then the laws of another state whose laws can validate and apply to this Deed shall apply. This Deed cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of any waiver, change, discharge or termination is sought. 4. 2 Grantor Waiver of Rights. Grantor hereby voluntarily, intelligently and knowingly waives any and all rights of Grantor to due process of law in connection with the indebtedness secured hereby, which rights may include prior notice (except as herein provided) and a prior judicial hearing in connection with the exercise of any and all rights and remedies granted Beneficiary pursuant to the terms hereof. Grantor waives the benefit of all laws now existing or that hereafter may be enacted providing for (i) any appraisement before sale of any portion of the Premises, and (ii) the benefit of all laws that may be hereafter enacted in any way extending the time for the enforcement of the collection of -20-