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200112868 Notice to Trustor shall be Bosselman Family Properties addressed to: Attn: Charles D. Bosselman 3123 West Stolley Park Road Grand Island, Nebraska 68802 -1567 Notice to Lender shall be Commercial Federal Bank addressed to: Attention: Loan Servicing 740 N.W. Blue Parkway Lee's Summit, Missouri 84086 25. SUCCESSORS AND ASSIGNS BOUND; AGENTS. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Trustor, subject to the provisions of this Instrument. In exercising any rights hereunder or taking any actions provided for herein, Lender may act through its employees, agents or independent contractors as authorized by Lender. 26. GOVERNING LAW. The loan contract between the parties, including this Instrument, the Note and any other obligation which this Instrument secures, is made pursuant to and shall be construed and governed by the laws of the United States and the rules and regulations promulgated thereunder, and, to the extent the laws of a state are applicable (including laws regarding usury), by the laws of the State of Nebraska and the rules and regulations promulgated thereunder. 27. RECONVEYANCE OR RELEASE. The Trustee named in this Instrument securing the Note, or any successor Trustee thereunder, may charge such fees for each full or partial reconveyance or release of this Instrument as Trustees then customarily charge for such services. 28. SUBSTITUTION OF TRUSTEE. Lender may, from time to time, by instrument in writing substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument executed and acknowledged by Lender and recorded in the office of the recorder of the county or counties where such Property is situated shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyances from the Trustee's predecessor, succeed to all the title, estate, rights, powers and duties. Such instrument shall contain the name and address of the new Trustee. The procedure herein provided for substitution of Trustees shall not be exclusive of other provisions for substitution provided by law. 29. TRUSTEE. Except as required by law, Trustee is not obligated to notify any party hereto of pending sale under any other instrument or of any action or proceeding in which Trustor, Lender or Trustee shall be a party. 30. TIME OF ESSENCE. Time is of the essence for all of Borrowers' obligations hereunder and the other Loan Documents. 31. MISREPRESENTATION OR NONDISCLOSURE. Borrowers have made certain written representations and disclosures in order to induce Lender to make the loan evidenced by the Note which this Instrument secures and, in the event that any Borrower has made any material misrepresentations or failed to disclose any material fact, Lender, at its option and without prior notice, shall have the right to declare the indebtedness secured by this Instrument, irrespective of the maturity date specified in the Note, immediately due and payable. The Trustee, upon presentation to it of an affidavit signed by Lender setting forth facts showing a default by Trustor or any other Borrower under this paragraph (if such affidavit is required by applicable law), is authorized to accept as true and conclusive all facts and statements therein, and to act thereon hereunder. 32. WAIVER OF MARSHALLING. Notwithstanding the existence of any other security interests in the Property held by Lender or by any other party, Lender shall have the right to determine the order in which any or all of the Property shall be subjected to the remedies provided herein. Lender shall have the right to determine the order in which any or all portions of the indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein. Trustor, any party who consents to this Instrument and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof, hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein. 33. REQUEST FOR NOTICES. Trustor requests that copies of any notice of default and notice of sale hereunder be sent to Trustor at Trustor's address stated above. 34. GENERAL PROVISIONS. 59373 -1 12